Terms and Conditions of Sale                                                    As at 14/06/2007

These Conditions

The conditions set out here are the only conditions on which we sell goods.  Any deviation from these conditions will only apply if agreed in writing and signed by a Director or Company Secretary of the Company.  In these conditions “goods” means all goods sold by us to you; “we / us” means Yorkshire Crisp Company Limited and “you” means the company, person or legal entity buying the goods.

These Conditions supersede any previous conditions between you and us (whether oral or in writing) and also supersede any previous course of dealing, trade custom or understanding between you and us.

There is no contract between us until we accept your order. Each order is a separate contract.

Nothing in these conditions shall exclude or limit any liability we may have under statute.

Orders

All purchase orders should be placed either by:

Telephone      01909 774411                      8.30 am - 4.00 pomp Monday to Friday
Facsimile       01909 776633                                              24 hours
Email              headfryer@yorkshirecrisps.co.uk                         24 hours
Website:         www.yorkshirecrisps.co.uk                                 24 hours

You should quote your customer reference number, the product code and quantity when placing each and every order.

Please allow 7 working days from your order date to delivery / collection date. However we will endeavour to achieve shorter order / delivery cycles if required and all delivery / collection dates will be agreed with you as part of the ordering process.

Collections

If we load your collection vehicle using a materials handler then the pallet ownership transfers from us to you. If however we hand stack your collection vehicle then the pallet remains the property of Yorkshire Crisp Company Ltd.

Collections may be made between 9.00 a.m. and 5.00 p.m. Monday to Friday. Where possible, please avoid collecting orders between 12.30 p.m. and 1.30 p.m.

If collect goods are picked ready for collection and are not collected and subsequently cancelled, then a credit note will be issued along with a 10% handling charge.

If collect goods are not collected by the ‘agreed’ collection date then we reserve the right to levy a warehousing / storage charge of £1 per pallet per day for each day the goods remain un-collected from the ‘agreed’ collection date.

Delivery

Prices are inclusive of delivery and pallet. If we take the goods off the delivery vehicle by hand then the pallet remains the property of Yorkshire Crisp Company Ltd. If you take the goods off the delivery vehicle using a materials handling machine then the ownership of the pallet transfers to you.  

Minimum order value for delivery - £80 (Nett of VAT). Order values less than £80 (Nett of VAT) will attract a standard £8.50 + VAT delivery charge.
*Wholesale orders will incur a transport charge to be agreed at time of order.

All goods are offered and sold subject to stocks being available.

All delivery dates are estimates and not of the essence of the contract between us.
Orders for items indicated as “order only” will be accepted on the condition that no guarantee can be given regarding delivery date; once ordered the goods must be taken and paid for and such goods when invoiced will only attract our standard discount.
Goods for delivery must comply with our minimum order value applicable at the time of delivery.  The minimum order value is contained herein.

Prices

All goods are charged at the prices (which are exclusive of VAT but inclusive of delivery in the UK) ruling at the time of despatch (but if you have been charged an incorrect price we reserve the right to rectify it).

All price variations will be advised to you and will apply to all orders placed following the date of the notice.

Value Added Tax will be charged at the rate ruling at the tax point date.

Declared Weights

Production of edible products less than 10 kilos are weighed in accordance with ‘average weight’ legislation.

Production of edible products greater than 10 kilos are weighed in accordance with ‘minimum weight’ legislation.

Collection, Delivery and Notification of Damages and Losses

All goods should be examined on collection or delivery before being signed for. Goods which show any sign of having been tampered with, damages or shortages must be marked on the delivery / collection note and signed for accordingly. All articles must be inspected thoroughly at the time of delivery / collection as no claims for damage can be accepted once your / our vehicle has left our / your premises.

Goods delivered / collected which are passed their “sell by”, “best before”, “use by” or similar date must be notified to us within one working day of delivery / collection.

In the event that subsequent to either a delivery or collection you discover any further goods that have been tampered with, damages or shortages, you must notify us by telephone within one working day of the delivery or collection. If notification is not received within one working day of the delivery / collection then the goods shall be deemed to have been properly accepted in full.

Property and Risk

Property and risk in the goods shall pass from us to you on delivery / collection except that if the goods have not been paid for, property in them shall pass only when they have been paid for or immediately prior to property passing from you to a third party pursuant to an arms-length sale by you to a third party.

Legal ownership and title to the goods supplied by us to the buyer shall remain in us until the goods are paid for in full and any other money due from the buyer to us has been paid.  Until then the buyer holds the goods as bailee for us and must store them separately from its other goods.

In the event of any dispute or disagreement it shall be presumed that the goods on the buyer’s premises are those comprised in any unpaid invoices.  During this period we have the right to enter premises where the goods are stored and to remove them to dispose of them at our discretion.

Credit Terms

For all Orders less than £100.00 these are to be paid either on placing order or on receipt of goods, if this is within our Local Delivery area payment may be made to our drivers.

Credit accounts are available for customers whose monthly turnover exceeds £500 and are strictly 30 days due from invoice date.

All new Customers will be asked to pay by proforma or if in our local delivery area on delivery of the goods.

We reserve the right at any time to review a customers account terms.

Payments

Unless credit terms have been specifically agreed in writing then payment is due on delivery / collection and time is of the essence.

If at any time invoices are overdue then all unpaid balances owing to us from you shall become immediately due and payable.

Payment may be made by cheque, cash, debit / credit card, by BACS or Bank Giro Credit. Details of the bank account to which payments should be made are as follows:

HSBC Bank Plc, 17 Church Street, Sheffield, S1 1HP
Sorting Code: 40-41-07
Account No: 91897799

All cheques should be made payable to Yorkshire Crisp Company Limited and crossed “not negotiable – account payee only”.

Dishonoured cheques will incur an administration charge of £25.

We shall endeavour to comply with reasonable requests to supply copies of goods receipt notes. This service will be subject to a charge of £5 per copy.

In the case of dispute or legal proceedings our office shown on the invoice is to be deemed the place where payment is made.

In the event of your account being passed to external debt collectors following non-payment then a 10 percent surcharge will be applied to the outstanding balance to cover our additional costs.

Interest

Overdue invoices shall at our discretion carry interest at the rate of 3 per cent per annum above the base-lending rate of HSBC Bank ruling from time to time.

Open Date Marketing

No goods are offered on a sale or return basis. Our representatives are not authorised to accept orders on a sale or return basis. It is therefore your responsibility to sell the goods prior to the expiry of any “sell by”, “best before”, “use by” or similar date.

Restricted Sale Goods

If you order goods that require a licence or other such authority to use or offer for resale, then by ordering these goods it is implied that you hold the necessary licence or authority.

Returned Goods

Should you wish to return any goods purchased from us for whatever reason then written authority must first be obtained from us by way of a signed collection note.
Where goods have been delivered / collected in accordance with your order in good condition then we reserve the right to refuse to accept the return of such goods.  Where return is accepted in such a case then a 10 percent handling charge will be deducted from the amount credited.

Warranty

We warrant that the goods are sold with good title and comply with our description and specification of them and are of sound merchantable quality.

Consumer Complaints

Any consumer complaint concerning any of our goods must be referred directly to us and we will deal with it. We will not accept responsibility for any payment made by you to a consumer in settlement of any such claim.

Exclusion of Warranties and Limitation of Liability

All conditions, guarantees, representation and warranties not set out in the conditions above whether express or implied by Law, custom or trade or otherwise as to quantity, quality, description, fitness for purpose, condition, performance, merchantability or otherwise are excluded.

Our liability to you under or in any way related to the sale and purchase of goods or otherwise whether involving our negligence or not shall only extend to giving appropriate credit for or repayment of the price of the defective goods.

Nothing in these conditions shall affect your duty to mitigate loss and apart from what is set out above, we shall not have any liability whatsoever to you under or in nature whatsoever including, without limitation, consequential loss (including loss of profit or use or third party claims).

All the exclusions and limitations set out in this condition are subject to the provisions outlined in the section called “These Conditions”.

Suspension of Deliveries and Cancellation

We shall be entitled to suspend deliveries / collections and cancel any agreement if you are overdue with any payment (under any agreement with us), if you exceed your credit limit, you become insolvent or we have serious doubts regarding your solvency.

Force Majeure

Notwithstanding any other conditions we shall have no liability whatsoever under or in any way related to the sale and purchase of goods or otherwise (whether in contract, tort (including negligence) or otherwise) for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstance beyond our reasonable control.

Law

You will indemnify us against any loss or damage whatsoever which we may suffer arising from our printing or using in any way labels, packaging and any other printed matter where the said printing or use was in accordance with your instruction or authority.

The agreement shall be governed by the Laws of England and you agree to submit to the exclusive jurisdiction of the English courts.