Delivery:
1.0 Dates specified by the company for delivery of goods are intended to be estimate only but the company will accept no liability for any costs, charges or expenses resulting from any delay in dispatch or delivery however arising.
1.1 Delivery is deemed made when the goods are available to the purchaser for unloading at the point of delivery or available to the purchaser at the point of collection.
1.2 Delivery shall be on the basis of weight subject to a tolerance of 10%.
1.3 Payment shall become due as per our agreed terms.
Reservation of title:
2.0 The goods supplied shall remain the property of the company until the full purchase has been paid including any interest charged.
2.1 The purchaser shall be entitled to sell the said goods during the time that they remain the property of the company. In such event the purchaser shall be under a fiduciary duty to account to the company for the proceeds of such sale to the extent of the total of all monies owing by the purchaser to the company
2.2 If any amount owing by the purchaser to the company is overdue, the company may (without prejudice to any of its other rights or remedies) repossess and resell any or all of such goods, and may enter upon the purchasers premises for that purpose.
2.3 The goods shall be at risk of the purchaser from the time of delivery notwithstanding that the property in the goods shall not have passed to the purchaser.
2.4 The reservation of title clause shall not entitle the purchaser to return the goods and refuse or delay payment on the grounds that the property has not yet passed. The company and the purchaser will treat the goods as the purchaser’s stock from the date of the invoice in respect thereof
Payments and Prices:
3.0 Prices quoted by the company may be subject to change until the final contract has been agreed and are exclusive of VAT.
3.1 All invoices are due for payment within 21 days of delivery or collection unless otherwise agreed. In the event of accounts not being paid within the agreed terms the company reserves the right to charge interest at the rate of 3% per month and compensation for debt recovery costs
3.2 The company reserves the right to demand at its discretion receipt of outstanding account balances before further orders are accepted or goods delivered.
3.3 If the company becomes aware of the fact that the purchaser is (or is in the opinion of the company likely to be) insolvent at any time in the immediate future the company can without notice to the customer cancel any contract and terminate any liability which the company has to the purchaser.
Claims:
4.0 Claims for damage, quality or partial loss of goods in transit must be notified to the company immediately on receipt of goods by telephone, fax or email and confirmed in writing to the company and the carrier so as to reach each of them within three days of delivery.
4.1 If the purchaser intends to make a claim against the company they must reserve all rights against the carrier by way of endorsement on the C M R or delivery note.
4.2 No claim will be entertained unless the company is afforded every facility to inspect the goods.
4.3 Receipt of notification of a claim does not represent an admission of liability.
4.4 The purchaser shall inspect all goods upon receipt of delivery or collection any claims to be notified to the company within 24 hours of delivery in respect of fresh or dry goods and within 72 hours of delivery in respect of frozen goods.
4.5 No claim will be accepted by the company if the goods have been partly or wholly processed or mixed with other goods.
Liability:
5.0 Where the goods were damaged or defective for any reason including negligence on the part of the company, its servants or agents, the company’s only liability, if any, shall be limited to replacing the goods.
5.1 The company shall not in any circumstances be liable for any consequential loss, damage, injury or expense (loss of profit) incurred by the purchaser or any third party in respect of the goods howsoever caused.
5.2 The company shall not in any circumstances be liable for any delay which may occur or any loss or loss of market which may occur as a result of any delay in delivery.
5.3 The company does not warrant that the goods are suitable for any given purpose and the purchaser shall satisfy himself prior to order that the goods will be suitable for the purpose for which they are required.
Force Majeure:
6.0 The company will not be responsible or liable for any losses of any kind caused by delay or failure if the company is hindered or prevented from doing its duty by acts of god, war, civil disturbances, strike floods, intemperate weather, government restrictions, breakdown and accidents to machinery, labour disputes or any other causes of whatsoever nature beyond the company control. In those circumstances the company reserves the right to cancel the whole or part of the contract or any delivery.
Acceptance:
7.0 These standard conditions of sale shall apply to any purchase of goods under any order which is accepted by the company to the exclusion of all other terms and conditions (including any terms and conditions which the purchaser purports to apply under any purchaser order, confirmation of order , specification or other document) unless agreed to in writing by a duly authorised member of the company.
Laws:
8.0 These conditions and all other express terms of any contract with the company shall be governed by the laws of England and the parties hereto hereby irrevocably submit to the sole and exclusive jurisdiction of the courts of England and Wales.
BY PLACING AN ORDER WITH SAHNI FOODS UK LTD YOU ARE AGREEING WITH AND WILL ADHERE TO ALL TERMS & CONDITIONS WITHIN THIS DOCUMENT
Company Registration No: 12298819 Registered Office: Sahni Foods UK Ltd, Unit 17 Magnet Road, East Lane Business Park, Wembley HA9 7RG, United Kingdom