McCartney Foodservice Terms & Conditions
In these terms and conditions of sale the following definitions apply. All references to "the company" are to McCartney Foodservice, all references to "the buyer" are to the person, firm or company placing the order on behalf of the customer and all references to "the goods" are to the goods which are the subject of the order
All goods are supplied on the following terms and conditions of sale except as otherwise specifically agreed in writing by the company. These terms and conditions of sale shall override any terms and conditions stipulated, incorporated or referred to buy the buyer in any order, correspondence, and negotiators or in any other way. Any printed conditions attached to orders or to any documents emanating from the buyer are only binding in so far as they do not contradict these terms and conditions of sale.
Each order placed by the buyer shall be treated as a separate contract. If there shall at anytime be more than one contract in the course of performance between the company and the buyer any claim which may arise in respect of anyone contract or the terms of which it may be settled, shall not (subject to condition 5) effect in any way the performance of other contracts nor shall the buyer be entitled to exercise any right to sell off or counter claim other than in respect of the contract under which the original claim arose.
OFFER OF ACCEPTANCE
The company's price list and quotations do not constitute offers by the company.
Acceptance of the buyer's order is subject to:
The goods being available and unsold
The contracts being of the minimum value of £100.00 (the company reserves the right to charge a premium on any contract below the value)
All goods will be supplied at the company's prices in force at the date of dispatch.
All prices and quotations are subject to valuation or withdrawal by the company at any time and without notice.
Any duty or tax, present or future, levied or imposed in any country or area in respect to sales or delivery of goods is payable by the buyer.
All customers are strictly cash on delivery unless the company has granted a credit account in writing to the buyer in which case payment is fully due by the 15th of the month following the invoice date. Without prejudice to the foregoing, the company reserves the right to charge the buyer interest at the rate of 2% per month on any overdue balance until the payment is received whether or not such as deliveries are due under the same contract or other contract.
While the company will endeavour to meet delivery dates, it will not be liable for any delay in delivery howsoever caused or for any loss or damage consequential or otherwise arising there from, nor shall any delay entitle the buyer to cancel any contact.
If a contract provides delivery instalments, each instalments shall be deemed to subject of separate contract. Non-delivery or delay in delivery of any instalment shall not affect the contract as regards other instalments,
Goods are not supplied on a sale - or - return basis a full signature for goods received should be
given at the time of each delivery. No goods shall be returned without permission from the company. The buyer shall notify the company of any goods returned at the time of delivery by telephone before 5.00pm on the day of the delivery (Date of invoice). The Company shall not be under any liability whatsoever for the goods returned by the buyer without this notification.
In the event of delivery being refused, or the company bring unable to gain access to the delivery address, the company reserves the right to make a charge of £20.00
DAMAGED OR DEFICIENT GOODS
In the event of the goods reaching the buyer in a damaged condition the buyer should:
Notify the company immediately
Endorse the relevant delivery document accordingly.
Submit to the company's head office particulars of the claim with the two working days of receipt of the goods.
Claims for total or partial loss of a delivery must be received at the company's head office within two working days of the date of relevant invoice.
RISK & PROPERTY
Risk or damage to or loss of goods shall pass to the buyer:
In the case of goods to be collected from the company's premises at the time when the company notifies the buyer that the goods are available for collection.
In the case of goods being delivered other than at the buyers' premises at the time of delivery or, if a buyer wrongly fails to take delivery of the goods the time when the company has tendered delivery of the goods.
Notwithstanding delivery and the passing of risk in the goods, or any other provisions of these conditions, the property in the goods shall not pass to the buyer until the company has received in cash or cleared funds payment in full of the price of goods (and all other goods agreed to be sold by the company to the buyer for which payment is then due.
Until such time as the property in the goods passes to the buyer:
The buyer shall hold the goods as the company's fiduciary agent and bailee and shall keep the goods separate from those of the buyer and third parties and be properly stored, protected and insured and identified as the company's property.
The buyer as agent selling on behalf of the company shall be entitled to resell or use the goods in its ordinary course of business but shall take full liability for any defects or other breeches of contract on resale and shall account to the company for the proceeds separate from any monies or property of the buyers as third parties and in the case of tangible proceeds properly stored, protected and insured.
Provided the goods are still in existence and have nit been resold the company shall be entitled at any time to require the buyer to deliver up the goods to the company and if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any other third party where the goods are stored or repossess the goods.
The buyer shall not be entailed to pledge or in any way change by way of security for any indebtedness any of the good which with remain the property of the company if the buyer does so all the money owing by the buyer to the company (without prejudice to any other right or remedy of the company) forthwith become due and payable.
When the breech of any of these terms & conditions all rights to title and property of any goods supplied to the buyer by the company under any contract currant or previous whether paid or not shall be relinquished by the buyer. The company then exercises the right under 9C of these terms and conditions to repossess the goods in payment or part payment of the monies due, being the goods are of merchantable quality and at a value no more than the original contract value.
The company shall not incur any liability or responsible for any loss or damage sustains by the buyer arising out of or in consequence of an interruption in the source of supplies, holding up or delay in delivery, any strike, lock out or trade dispute ( whether the company's employees some other parties shortage or unavailability of goods, labour or power, or caused by resulting from any other event circumstances (whether or not of the same or similar kind to those enumerate) beyond the company's control.
Without prejudice to the generality of paragraph 10(a) of the condition the company shall have the right to cancel or delay delivery or reduce the amount delivered (without any liability on the company for any loss or damage consequential or otherwise arising therefrom). If the company is unable to fulfil its contractual obligation by any reason of any cause beyond the company's control.
If the company considers in its absolute discretion that the financial circumstances of the buyer do not justify payment on the credit terms or any other arrangements previously agreed or the buyer fails to pay for any goods or to comply with any of the material requirement under any contract with the company, then in either such event the company may as its opinion without prejudice to any other rights or remedies either require payment in cash before dispatch of goods remaining to be delivered or may cancel all or any contracts with the buyer or in the case of the contracts where delivery is to be made in instalments, cancel any or all of such contacts as regards undelivered instalments.
ADVERTISING AND LABELLING
The buyer shall use its best endeavours to ensure that all the purchases of any goods from it do not:
Give display with any goods any mark, label or tick, whether attached or printed on their wrappers or containers falsely describing goods is calculated to mislead as to their nature, substance or quality.
Publish or be party to the publication of any advertisement, which falsely describes the goods or is calculated to mislead as to their nature
LICENSE AND INDEMNITY
Where the company sells the goods to the buyer packed in containers baring wrappers or labels of a design and containing a wording or design specified by the buyer, the buyer shall:
Grant or procure the grant to the company free of charge of all necessary licenses to enable the company to use such design and wording.
Indemnify the company against all actions, claims, costs, losses and expense incurred by the company in connection with any actual or alleged infringement by the company of any trademark, copy right or other industrial property rights or any claim passing off resulting from the use by the company of such a design and wording.
Unless otherwise specified all network and origination charges incurred by the company in respect of a special print order will be invoiced strictly net no discount will be available in respect of these charges.
The company reserves the right to invoice and deliver to the buyer any balance of a special print product ordered by the buyer which remains in the company's possession three months after delivery date specified in the contract regardless of any request to respond or delay such delivery .
Where the buyer supplies the company with printing or other property for use as a special print order such blocks and property shall be at the buyers' risk. The company may reject any blocks or other material supplied or specified buy the buyer, which appear to the company to be unsuitable.
These terms and conditions of sale and all contracts for the supply of goods by the company shall be governed and constructed in accordance with English law.