Terms & Conditions
TOP-OP (FOODS) LTD (hereinafter known as the Company)
TERMS OF TRADING
All orders received by the Company are subject to the following Terms and Conditions and on the strict understanding that these Conditions which supersede all previous Terms of Trading of the Company will prevail in the case of any differences between these Conditions and those of “the Customer”.
An order received by the Company or its representative is deemed to be an “offer to purchase” by the Customer subject to the Terms and Conditions herein contained which shall be deemed to be accepted by the Company upon delivery of the goods.
The prices quoted by our Representative are subject to stock availability and whilst every endeavour will be made to supply at quoted prices, the Company reserves the right to revise prices at any time prior to delivery upon giving notice to the Customer to that effect.
TERMS OF PAYMENT
Payments shall be made either:-
i) AGAINST INVOICES – settlement in full within 28 days of invoice OR
ii) AGAINST MONTHLY STATEMENTS – Payment to be received by the 14th of the month immediately following the month to which the statement relates, OR
iii) AGAINST WEEKLY STATEMENT (where specified by the Company) – Settlement to be received within 28 days of the weekly statement date.
The company reserves the right to revise these payment terms upon written notice to the Customer.
RETENTION OF TITLE
a) The property in any goods supplied by the Company to the Customer shall remain with the Company until the the goods are paid for.
b) Futhermore, the property in any such goods will continue to remain with the company until the Customer has paid to the Company all sums due to the Company from the Customer on any other account whatsoever, provided always:-
The Customer may unless and until he receives notice from the Company to the contrary sell such goods, but only in the ordinary course of the Customer’s business and only in an arm’s length bona fide transaction at full market value or at a proper trade discount. Save as aforesaid the Customer shall not sell charge or otherwise dispose of any goods belonging to the Company or of any interest in such goods and unless and until such goods are sold as aforesaid by the Customer, the Company may at any time require the Customer to deliver up the goods to the Company.
All risks in relation to the goods will pass to the Customer upon delivery to the Customer.
Deliver shall be deemed to be effected when the goods have been delivered to the address agreed between the Customer and the Company, or collected by or on behalf of the Customer. The Company will endeavour to deliver the goods without delay, but shall not be liable for late delivery howsoever caused nor shall such failure to deliver be deemed to be in breach of any contract. If for any reason the Customer refuses delivery then without prejudice to any other rights the Company reserves the right to cancel the order.
No returns of goods supplies will be accepted without the Company’s prior consent. We will not accept any RICE/FLOUR bags damaged once delivered.
Refund will be offered against the return of goods subject to prior approval. All accepted returns must be in saleable conditions for refund. Refund for cancelling an order in process will incur processing charges.
LIABILITY FOR LOSS OR DAMAGE
The Company does not accept liability for damage or partial loss of goods:-
(A) Where a clean receipt or any “unexamined” receipt is given to the carriers, OR
(B) Unless written notice is given to the carriers and to the Company within 3 days of delivery.
Containers/cartons which show any sign of tampering, damage or shortage, must be signed for accordingly and the Company notified within 3 days of date of invoice or advice note.
In the event of non-arrival of the goods or if the Customer learns that the goods are lost or destroyed in transit, it is essential that the customer notifies the Company within 7 days of date of invoice or advice note.
All goods included in this invoice are hereby guaranteed to be of the nature, substance and quality described, and to confirm in every respect with the requirements of the food and drugs acts and of all the regulations relating to foodstuffs now in force, except all goods delivered as imported in bulk or pre-packed in foreign country is not guaranteed as stated above for quality.
If for any reason any cheque is returned by our bank, a fee of £35.00 will be charged for administration.