GENERAL CONDITIONS OF TRADE for Thoroughbreads
1. ACCEPTANCE OF THE TERMS
All goods and services are supplied to the buyer on the following
terms which supersede any previous conditions applicable to pre
vious dealings. No-one other than Thoroughbreads has authority to
vary these terms. Any buyer who does not accept these terms
should return the goods forthwith.
2. LIMITATION OF LIABILITY
In the event of any goods or services sold or agreed to be sold by
the seller not complying with the express terms of the Contract of
Sale the Seller will at its own discretion replace the defective goods
or services free of charge to the buyer or will refund all payments
made to the Seller by the Buyer in respect of the defective goods.
Under no circumstances shall the seller's liability exceed the price
of the allegedly defective goods or services. Subject to any United
Kingdom Statute and / or regulation thereunder which imposes spe
cific conditions and / or warranties and provides that these cannot
be excluded by the parties to the contract, the seller hereby
excludes all liability for any loss or damage direct or consequential
arising from the use of any goods or services supplied by it and it
shall not be a condition of the contract nor does the seller warrant
that the goods or services shall be fit for any particular purpose
whether made known to the seller expressively or by implication.
All and any expressed or implied conditions, statements or war
ranties statutory or otherwise, save as expressively given in these
conditions of contract are hereby excluded. The price of any goods
or services sold or offered for sale by the Seller is based upon the
foregoing limitation upon its liability.
3. AVAILABILITY OF GOODS
Orders for goods and services are accepted by the Seller subject to
the availability of the goods to the Seller at the time of delivery at
a price not exceeding the Contract price with the Buyer. In the
event of such goods not being readily replaceable from other
sources at a price not exceeding the Contract price with the Buyer
the Contract between the Seller and the Buyer will be deemed to be
cancelled without liability to either party.
While every effort will be made by the Seller to effect in accordance with any pre-arranged dates on guarantee as to dates of delivery by the Seller is to be implied and the Seller will not accept liability for any loss or damage occasioned by delay in delivery however caused.
Catering deliveries should be checked by the customer upon
delivery, as a shortage claim after delivery/consumption
cannot be made.
Complaints or claims will only be entertained if lodged by the
Buyer within seven days of receipt of goods or services by him.
The return of goods will not be accepted unless the Seller or his
representative shall have had the opportunity of examining same.
6. COST VARIATION
Prices are subject to revision in the event of any increase in costs
incurred by the seller between the date of confirmation of order and
the date of delivery to the Buyer.
Whilst every endeavour will be made to supply materials in
accordance with the quotation this cannot be guaranteed.
8. FORCE MAJEURE, Etc.
The performance of all Contracts is subject to variation or cancel
lation by the Seller owing to any Act of God, war strikes, lockouts,
fire, flood, drought, tempest or any other cause beyond the control
of the Seller or owing to any inability by the Seller to procure mate
rials or articles required for the performance of the Contract and
Seller shall not be held responsible for any inability to deliver
caused by any such contingency.
9. PROPERTY AND RISK
(a) The property in any goods supplied by the Seller shall not
pass to the Buyer until the Seller has received payment in full (i)
for the goods and services supplied hereunder, (ii) for all other
goods and services the subject of any other Contract between the
Seller and the Buyer which, at the time of payment of the full price
of the goods and services supplied hereunder, have been delivered
to the Buyer but not paid for in full.
(b) Any goods supplied or to be supplied to the Buyer shall nev
ertheless be at the Buyers risk from the time when the Seller noti
fies the Buyer that the goods arc available for collection or from the
lime of delivery whichever shall be the earlier.
(c) In the event that the buyer is in default of any payments to the
Seller or announces that it is ceasing to trade, suspends payments
and/or notifies any of its creditors that it is unable to meet debts or
that it is about to suspend payment of its debts or enter into a com
position or arrangement with or makes any assignment for the
benefit of its creditors or a receiver is appointed of the Buyers proper
ty or assets or any part thereof of that a Court order is made or a
resolution passed for the winding up of the Buyer (being a Limited
company) except for the purposes of reconstruction or amalgama
tion or that the Buyer commits any act of bankruptcy, the Seller's
consent to the Buyer's possession of the Seller's goods shall cease
and the Seller shall be entitled forthwith to enter the Buyer's prem
ises and to repossess his goods.
(d) Platter trays on which any goods are delivered must be retained by the Buyer so that the Seller can collect them for renewal and reuse. Any unreturned platter trays will be charged (at cost) to the Buyer at the tray supplier's current rate.
Quotations are subject to confirmation on receipt of order.
11. PAYMENT TERMS
(a) All goods will be quoted for and priced net. VAT will be
applied at the rate prevailing at the date of the invoice when rendered.
(b) Payment is due on the date shown on the invoice
hereinafter referred to as the due date. We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act1998 if we are not paid according to agreed credit terms.
(c) No variation of these payment terms shall be valid unless
confirmed by the Seller in writing.
Order cancellations must be notified by the Buyer and confirmed by the Seller at least 24 hours prior to the requested delivery date and time. Failure to do so will result in a full charge being made to the Buyer for the goods ordered.