Terms & Conditions

Ormos Foods Business Sales Terms

Disclaimer

These terms apply to all sales by Ormos Foods to the purchaser, they prevail over any other agreement. Ormos Foods’ representatives are not authorized to agree to any other conditions or to vary these conditions of sale. These terms are only amendable when agreed between Ormos Foods and the purchaser in writing.

Data Protection Act 1998

Ormos Foods may search with a credit agency, which will keep a record of that search and may share that information with other businesses. Ormos Foods may also make enquiries about the principal director(s) with a credit reference agency.

Orders

1.1 Orders placed with representatives or sent to the sales office are received subject to acceptance from the sales office. PLEASE DO NOT PLACE ORDERS WITH DELIVERY DRIVERS, THEY ARE NOT AUTHORISED TO ACCEPT, NOR ARE THEY LIABLE TO FORWARD ORDERS TO THE SALES OFFICE. 1.2 Ormos Foods reserves the right to reduce, cancel or amend orders and to execute them fully or in part in the event that Ormos Foods is unable to complete an order due to shortage of stocks or for any other reason and to make alterations to products and/or packaging as circumstances demand.

Payment

1.1 Unless otherwise agreed, payment of invoices is due prior to or on the day of the delivery. 1.2 Overdue payments may lead to termination of contract and/or suspension of further deliveries. Interest will be applied on unpaid amounts at 4% per month. 1.3 Any cheques provided by the purchaser, which are not honored by the bank, will incur a £30 administration fee. 1.4 Ormos Foods reserves the right to withdraw credit facilities if circumstances arise which warrant such action and is not obliged to disclose said reasons.

Prices

2.1 Prices are subject to change without notice. Price lists are always exclusive of VAT.

Delivery of Goods

3.1 Ormos Foods shall deliver the goods to the delivery address provided on the “New Account Form”. 3.2 Delivery of goods shall include unloading the goods on the kerbside of the delivery address, unless otherwise agreed by Ormos Foods and the purchaser. The purchaser of goods shall be responsible for lifting of goods once delivery has been made. 3.3 Where Ormos Foods requires access to the purchaser’s premises in order to deliver the goods, the purchaser will provide such access. 3.4 The purchaser will inspect goods upon receipt and will inform Ormos Foods immediately of any damages, shortages or excess deliveries. The signed delivery note is deemed to be conclusive evidence of receipt of goods by the purchaser.

Initials

3.5 If a delivery occurs in the absence of the purchaser then damages, shortages and/or excess deliveries must be reported within 24 hours of delivery. The delivery note is deemed to be conclusive evidence of receipt of goods in this case. 3.6 A restriction on the liability of defective goods applies, only up to the cost of replacement. Any defective goods should be retained for inspection or returned as soon as possible. 3.7 Should the purchaser fail to make any necessary arrangements for the acceptance of goods, Ormos Foods reserves the right to charge for delivery. 3.8 Delivery dates are estimates made in good faith. Time of delivery is not of essence to the contract and Ormos Foods is not liable for any damages resulting from untimely delivery. 3.9 Risk in the goods passes to the purchaser at the time of delivery. The goods remain Ormos Foods’ property until paid for in full. The purchaser acknowledges that until such time, 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. Ormos Foods is entitled to recover the goods at any time and location.

Sale of Goods

4.1 Resale of goods must be in accordance with Ormos Foods instructions (especially regarding storage) and all goods must be sold in the same packaging and state as when supplied by Ormos Foods. 4.2 Ormos Foods never offers goods on a sale or return basis and Ormos Foods’ representatives are not authorized to accept orders on a sale or return basis. It is therefore the purchaser’s responsibility to sell goods prior to expiry of any “best before” or “use by” date. Goods once sold are not returnable unless otherwise agreed.

Returns

5.1 Returns of goods ordered in error will only be accepted if the purchaser provides written notice within 3 days, for ambient goods and within 1 day for chilled or frozen goods, from delivery. All goods should be stored and handled appropriately. Ormos Foods reserves the right to refuse to credit or to reduce the value of credit offered in relation to returns that are not handed back in their original condition and packaging. All returns are subject to products not exceeding their shelf life, nor being tampered with, nor being incorrectly stored or handled, unless it is demonstrable that the product(s) in question exhibit an intrinsic fault attributable to Ormos Foods and/or the manufacturers. Damaged goods should be retained for inspection. Ormos Foods will not accept liability for indirect or consequential loss of profit. 5.2 Any goods returned for any other reason rather than an intrinsic fault attributable to Ormos Foods and/or the manufacturers, shall be returned at the purchaser’s expense.

Insolvency

6.1 In the event of insolvency, bankruptcy, liquidation, administration or similar event, Ormos Foods is entitled to suspend all account activity and any outstanding balances become payable immediately.

Termination

7.1 Ormos Foods retains the right to terminate this contract immediately upon any material breach of any of its conditions. Or on 30 days prior written notice for any other reason, which it is not obliged to disclose.

Jurisdiction

8.1 This contract shall be governed exclusively by the law of England and Wales and the English courts shall have sole jurisdiction.

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