terms and conditions
Terms and conditions of Trade (r. 08/15)
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 our offices by any other means -including electronically- are received subject to acceptance at Nectar House. We reserve the right to suspend delivery in the event of the 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 instalments, each instalment shall be deemed to be a separate contract.
4. We reserve the right to withdraw credit facilities if circumstances arise which in our view obliges 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 and counter-signed by you on the Goods Returns 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 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.
7. None of our goods are offered on a Sale or Return basis and 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 expiry of any ‘Best Before’ date.
However if goods are faulty or substandard at the point of delivery or do not tally with the proforma invoice sent to the customer, the Company operates a Returns Policy as follows-
If the customer is not entirely satisfied with their purchase or if the Company has sent products faulty or in error , the customer must ensure they go no further than opening the outer case in order to check the products inside.
Once checked and signed off against the original proforma, the Company would expect the buyer to be very clear about the products to be sent. However the Company allows- (a) 10 calendar days within which to advise return of an ambient item and (b) 3 calendar days in order to advise return of a chilled product. Frozen products are not eligible for return. Please also note that items bought on Promotion, Sale or Clearance are also not eligible for return.
To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. In order to qualify as a valid return the item needs to be qualified by proof of purchase- usually a valid sales order or invoice number will suffice.
Refunds. Once the item has been received back, it will be inspected and assessed and the customer will be notifited that has been received. As soon as possible, the customer will then be notified on the status of your refund after inspection.
If your return is approved, we will initiate a refund usually by Bacs or Faster payments or by raising a credit note against your account balance. We will aim to process any credit as soon as possible. Returns Shipping & Return Shipping costs.
In general, the customer will be responsible for paying their own shipping costs for returning the item – even if we undertake the arrangement to get the goods back ourselves on your behalf. Reimbursement of shipping costs are at the discretion of John & Pascalis Ltd and will be included as part of the refund after inspection, if so agreed by the Company.
Other than items that qualify for the Returns Process as outlined above, goods once sold and confirmed by signed proforma are not returnable unless otherwise agreed by the Company.
8. 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, warehouse, delivery or administrative staff are not authorised to agree to any other conditions or to vary these conditions of sale.
9. (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 goods shall remain the property of the Company until paid for in full. 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.
10. If the Customer rejects a delivery for no reason deemed acceptable by the Company, or delivery cannot be made because the Customer fails to comply with the agreed terms, an administration fee may be charged at the discretion of the Company.