Add-Olives Limited’s Terms and Conditions of Sale
- Payment terms must be strictly adhered to: interest will be applied to overdue accounts at 4% above the prevailing base rate. An administration fee will be charged on cheques, which are returned or must be represented.
- We reserve the right to suspend delivery in the event of our account not being paid to terms or to reduce or cancel orders in the event of our inability, through shortage of stocks or for any reason, to execute them either wholly or in part and to make such alterations to products and/or packaging as circumstances demand.
- Any date quoted or agreed by us for delivery of goods is an estimate only and time shall not be of the essence of the contract. When delivery is required by you to be in instalments, each instalment shall be deemed to be a separate contract.
- We reserve the right to withdraw credit facilities if circumstances arise which in our view oblige us to do so.
- You should check cases delivered before signing the delivery note. No written claim for damages or short delivery is necessary when recorded by us on the delivery note. In all other cases, written notice of any claims for damages or goods delivered in error must be given to us within 3 working days of delivery. Damaged goods must be retained for inspection. Full credit will only be allowed if these terms are
complied with. - All the goods listed in this invoice are warranted by us on delivery to comply with the Food Safety Act 1990 and all relevant UK food law from time to time in force. No warranty is given that the goods comply with food and other relevant legislation or do not infringe third party rights in other countries. In the event of any fault occurring in any goods please notify us in writing and retain the goods for inspection. Allowance for the goods will be made in full provided the goods were supplied by us within 3 months of the written notification being received, and the goods have not exceeded their shelf life, nor been tampered with nor incorrectly stored or handled. We will not accept any liability for indirect or consequential loss including loss of profit.
- None of our goods are offered on a Sale or Return basis. It is therefore your responsibility to sell the goods prior to expiry of any ‘Best Before’ date. Goods once sold are not returnable unless otherwise agreed.
- These Conditions of Sale shall be the only terms of contract between us. No other conditions shall have effect unless agreed in writing by us.
- (a) Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer fails to take delivery of the Goods, the time the Company has tended delivery of the Goods.
(b) Notwithstanding delivery and the passing of Risk, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other monies due to the Company from the Customer under this or any other contract between the Company and Customer. The Customer acknowledges that until such time as aforesaid he holds the Goods as the Company’s fiduciary agent and bailee and shall insure and properly store the Goods separately from his own and any third party’s Goods and in such manner as to be readily identifiable as the property of the Company.
(c) Until such time as the property in the Goods passes to the Customer the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company at the Customer’s expense and, if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
(d) Notwithstanding the provisions of clause (b) until such time as the property in the Goods passes to the Customer the Customer shall be entitled to resell or use the Goods in the ordinary course of business but shall account to the Company for the proceeds of sale or otherwise of Goods whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate from any monies or
property of the Customer and third parties, and in the case of tangible proceeds, properly stored, protected and insured.
(e) The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all monies owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
(f) C.O.D. amounts paid must be receipted by Add-Olives Ltd representative. - Price of the Goods: Unless otherwise agreed in Writing by the Seller, the Seller reserves the right to vary the price quoted for the Goods in the Seller’s published price list or quotation rendered and the price of the Goods shall be the price current at the date of delivery of the order. The price is exclusive of any value added tax (if any), which the Buyer shall be additionally liable to pay to the Seller.
- Title: Title in the Goods supplied shall not pass to the Buyer until all sums due from the Buyer to the Seller however they shall have arisen have been received in full. Until title passes to the Buyer Goods shall be stored in such a way that they are clearly the property of the Seller. In the event of non-payment on the due date, for any reason, the Seller shall have the right, without giving notice and without incurring liability, to enter into the Buyer’s premises and to take possession of any of the Goods supplied by the Seller to which title has not passed to the Buyer. This right shall be without prejudice to any other legal rights or remedies available to the Seller.
- Intellectual Property: The Goods, labels, trademarks, logos, confidential records and other information belonging to the Seller, are supplied by the Seller on the express understanding that all copyright and other intellectual property rights shall vest solely in and remain with the Seller. The Buyer agrees to assist the Seller and to do all such acts and things as the Seller’s legal advisers may advise as are necessary or desirable in order to give the Seller the full benefit of the provisions of clause above. The Goods sold in retail packaging may be resold by the Buyer only in the packaging the Seller and in no case may any labels, trademarks or logos other than those applied by the Seller be marked on or attached to the Goods or the packaging.
Data Protection Act 1998– Before you accept the Credit Application you should read the following regarding Personal Information. We may process, use, record and disclose your Personal Information. We will use a credit scoring or other automated decision-making system when assessing your application. We may make such enquiries as we consider necessary in connection with this or any other future application with Add-Olives Ltd. We may disclose information about your application to other organisations to detect and prevent fraud or prosecute and recover and trace debts. We may disclose information about you to:
i) Persons or Organisations to whom we propose to transfer any of our rights and responsibilities under any application we may have with you.
ii) Anyone to whom you authorise us to give Personal Information and to comply with any legal or regulatory requirement of us.
You also have certain rights to receive a copy of the Personal Information which we hold about you for which a fee will be payable. If any data is inaccurate, it will be corrected immediately.
Please write to Add-Olives Ltd registered oƯice: 5 Fortune Way. London NW10 6UF, UK. Alternatively email us to info@addolives.com
We may from time to time write to you or call you about this application.