Please read carefully the following Conditions of Sale
Conditions of Sale
1. 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 have to be re-presented.
2. Orders given to our representative or sent to any of our offices are received subject to acceptance at Ugarit Trading LTD. 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.
3. 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 installments, each installment shall be deemed to be a separate contract.
4. We reserve the right to withdraw credit facilities if circumstances arise, which in our view oblige us to do so.
5. 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 goods short delivered or delivered in error must be given to us within 3 working days of delivery. We reserve the right to refuse to credit or to reduce the value of the credit offered in relation to proposed returns that have been on your shelves or have been partially used or have been sold on and have not been returned to us in the condition they were originally delivered unless it is demonstrable that the product(s) in question exhibit an intrinsic fault attributable to ourselves as distributors or to the manufacturers. Damaged goods must be retained for inspection. Full credit will only be allowed if these terms are complied with. Chilled and Frozen goods must be correctly handled and stored. We cannot accept liability for damaged or substandard Chilled and/or Frozen goods unless we are advised in writing within 3 working days of delivery and the goods are retained for inspection.
6. All the goods listed on our 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.
7. None of our goods are offered on a Sale or Return basis and our representatives are not authorized to accept orders 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.
8. The purchased items remain the property of UGARIT TRADING LTD. until paid for in full. In case of failure to pay the full invoice value, GRANADA TRADING LTD. reserve the right to take goods to the equivalent value of the balance outstanding. No shortages or product quality complaints will be entertained once the goods are signed for in full on delivery.
9. 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. Our representatives, depot staff or vehicle drivers are not authorized to agree to any other conditions or to vary these conditions of sale.
10. (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.