Terms & Conditions
a) The ‘Seller’ means Puréety Gourmet Flavours Ltd.
b) The ‘Purchaser’ means the person, firm or company to whom any quotation is given or with whom any contract is made.
c) The ‘Goods’ means the goods or any part thereof agreed to be sold as described on the face hereof.
a) All quotations given and all contracts made by the seller are subject to the terms and conditions contained herein and all terns and conditions referred to by the Purchaser throughout or contained in any order, acceptance of quotation or otherwise brought to the notice of the Seller are hereby excluded. These terms and conditions may be varied only by agreement in writing between the parties.
b) Quotations issued by the Seller are not offers capable of acceptance so as to make a binding contract. All orders placed with Seller require the Seller’s express acceptance before any contract arises.
c) No servant or agent of the Seller has any authority to make any representative or give any warranty relating to the Goods or to agree to any variation of or additions to these terms and conditions, unless such representative, warranty, variation or additions expressed in writing and signed on behalf of the Seller by a director or other person authorised by the seller. Customer complaints are the direct responsibility of the Purchaser.
a) Where the contract provides for a fixed price or estimated price the Seller may by written notice given at any time on or before delivery vary such price to take account of the increase in the cost of labour, raw materials, manufacture, packaging or transport, insurance or statutory obligations.
b) Where extra packaging is requested by the Purchaser additional charge will be made.
c) Where relevant, if work is slowed down or suspended because of the Purchaser’s instructions or failure to supply specifications, additional charges may be made.
d) Discount codes do not include or apply to our consumer Bundles packages unless otherwise stated
a) Unless otherwise stated on the face hereof, payment shall be made by 30 days following the date of invoice.
b) Payment shall be made in the manner specified by the Seller and, in the case of payment other than by cash, shall be deemed not to have been made until a cheque or draft has been cleared and the proceeds collected by the Seller’s bank. Under the terms of the Late Payment of Commercial Debts (Interest) Act 1998 Puréety Gourmet Flavours Limited retain the right to charge interest on overdue accounts at the rate of 8% above base rate from the date so specified until the date of the actual payment as well as after as before any judgement.
c) Time of payment shall be of the essence and failure to make any payment on the due date shall entitle the Seller to treat the contract as repudiated and act accordingly (including cancelling any further deliveries or instalments to be made hereunder), or, before making delivery or further deliveries under this contract, to require payments in full sums due under this contract, to remaining outstanding under any other (whether for the sale of Goods or otherwise).
5. Delivery and Risk
a) Unless otherwise specified on the face hereof, delivery shall take place at the Purchasers business premises if within the United Kingdom. The risk of damage to or loss or destruction of the Goods shall pass to the Purchaser on delivery.
b) Any delivery date or period whether stated in the contract or elsewhere is a business estimate only and the Seller shall not be liable for any loss or damage whatsoever caused by failure to make delivery on such a date or within such periods.
c) Each instalment or part delivery shall be considered a separate transaction which will not affect the rights or liabilities of either party under the contract as to the other instalments or part delivery, the Seller shall be entitled to invoice. the purchaser for any balance of the order remaining undelivered and thereupon, notwithstanding anything to the contrary in the contract, payment for such balance shall become immediately due and payable and the Seller shall not be bound to dispatch such balance until such payment has been received.
d) Any claim for non-delivery must be made in writing as soon as possible after notification of dispatch. Any damage to or short delivery of goods must be notified to the Seller in writing when received and details of any damage. No responsibility can be accepted and the Seller shall not be liable for damaged materials or short deliveries where carriers have been given a clean receipt.
e) Goods returned by the Purchaser without justifiable reason may be made subject to a re-handling change by the Seller. Any claims relating to incorrect quality against agreed specifications must be received in writing to Puréety Gourmet Flavours Limited no later than 14 says from date of collection from sellers warehouse.
f) i. If the Buyer fails to take delivery and/or Royal Mail require you to collect your order from your local sorting office, a card will be left by them to advise you. Should you not collect your order within the time required by Royal Mail resulting in your order being returned to the seller, a refund excluding postage and packaging costs will be refunded to the buyer within 10 working days.
ii. Postage and Packaging costs are non refundable.
The Seller shall be entitled to store the Goods either at its own premises or elsewhere at the Purchaser’s expense and risk in the following circumstances:
a) If the Goods are delivered and the Purchaser fails to take delivery on the date due;
b) If the Goods are to be delivered by the Seller at a specific place:
(i) Where the Seller is ready to dispatch the Goods but needs delivery instructions and such instructions have not been provided by the Purchaser:
(ii) Where the Seller is ready to dispatch the Goods and the Purchaser is or will be unable to accept delivery when tendered.
c) The Seller accepts no responsibility or liability for loss or damage to goods stored at the Sellers premises.
Until payment has been made in full of all sums outstanding from the Purchaser to the Seller (including debts arising before and after the date of this contract):-
a) The property in the Goods shall remain in the Seller;
b) The Seller shall have full legal and beneficial ownership in any new product into which the Goods are converted or which results from the mixing of the. Goods in the product;
c) The Purchaser shall keep and store the Goods and the new product described in (b) above in such a manner that they can be identified as the property of the Seller.
d) If the Purchaser goes into or threatens to go to receivership or liquidation the Seller at any time repossess the Goods (and the new product described in (b) above) and the Purchaser hereby grants to the Seller an irrevocable licence to enter upon any premises of the Purchaser for the purpose of the so doing.
In the event of the Purchaser cancelling the order:
a) Before any commencement or manufacture, it will bear the cost of any material specifically acquired which shall be forwarded to the Purchaser at its own expense and the risk and of preliminary costs of expenses incurred by the Seller in connection with the order.
b) After commencement of manufacture, it will be liable for the full value of the Goods ordered less the savings made by the cessation of manufacture and the realised value.
All drawings, photographs, illustrations, information, recommendations, specification, performance data, dimensions, weights and the like, whether contained in the contract or made by way of representation, have been provided by the Seller in the belief that they are as accurate as reasonably possible, but they are not warranted to be accurate or exact.
10. Force Majeure
The Seller shall not be responsible for any loss or damage by delay in the performance of any of its obligations under this contract where the delay is due to any cause beyond the Sellers control. In such an event the Seller may terminate or suspend this contract with no liability for loss or damage thereby occasioned. The following shall without prejudice to the generality of the above, be considered causes beyond the Sellers control:- Act of God; War; civil disturbances; required governmental or parliamentary restrictions; prohibitions or enactments of any kind; import or export regulations; strike; lockout; trade disputes (whether involving employees of the Seller or another); difficulties in obtaining labour or materials; breakdown in machinery; fire or accident.
11. Termination of Contract
Without prejudice to any other rights which the Seller may have, the Seller shall be entitled on given written notice to the Purchaser, to terminate the contract forthwith, demand immediate payment of any amount due or incurring due to the Seller there under and to retain any deposits, if any of the following circumstances occur.
a) The purchaser not being a corporate body, becomes bankrupt or compounds or makes any arrangements with the creditors or commits any act of bankruptcy;
b) The Purchaser being a corporate body, goes into liquidation whether compulsory or voluntarily (save for the purpose of amalgamation or reconstruction) or have a receiver appointed of its undertaking or assets or any part thereof;
c) The Purchaser commits any material breach of its obligations hereunder.
If any of these conditions or any part of one of these conditions is rendered void by any legislation to which it is subject it shall be void to that extent and no further. If any of these conditions or any part of one of these conditions is rendered unenforceable by any legislation to which it is subject it shall be enforceable to the extent that it is not fair or reasonable to allow reliance on such a condition or part thereof but no further.
Failure by the Seller to insist upon strict performance of the terms and conditions of this contract shall not be deemed a waiver of any of its rights or remedies not to be deemed a waiver of any subsequent default hereof.