Unless otherwise agreed in writing, these conditions shall apply to all goods or services supplied by the vendor (Flavour Master Ltd) and shall form part of the contract between the vendor and purchaser.
In the event of any inconsistency between these conditions and those in the purchasers purchase order, these conditions will prevail and no addition thereto, or variation thereof shall be effective, unless expressly agreed in writing by the vendor.
The contract shall be governed in all respects by the laws of England and the parties here to agree to submit exclusively to the jurisdiction of the English Courts.
Specifications for all goods supplied are available on request. The vendor will not be responsible for any loss, injury or damage that may be caused as a result of the use of any goods supplied for purposes not within the specifications.
Price and Quotations
Prices quoted shall be open for acceptance by the purchaser within 30 days from the date of the quotation, unless otherwise stated. The price to be paid for the goods will be the vendors current price ruling at the time of the delivery of the goods, but any increase in price will be notified to the purchaser in writing prior to delivery and in that event of the purchaser may cancel in writing any undelivered balance within 7 days of the date of notification.
Unless otherwise stated, prices include packaging and delivery charges by our normal method of despatch, subject to the minimum delivery quantity sated on the quotation. Where the vendor incurs additional packaging or delivery cost at the request of the purchaser, these are to be borne by the purchaser.
Cancellation of orders
Cancellation of orders or outstanding balances must be made in writing to the vendor. In the case of non-standard items which are being manufactured specially for the purchaser, the vendor may apply cancellation charge in respect of any cost already incurred prior to cancellation.
Terms of payment
Invoices are due for payment 30 days after date of invoice to agreed credit limit. The vendor reserves the right to charge interest at 2% above the bank base rate on overdue accounts and to withdraw credit facilities from any purchaser whose account is overdue for payment. The purchaser will also be liable for any costs or expenses, legal or otherwise, incurred by the vendor as a result of non-payment or delayed payment of an invoice.
Goods lost/damaged in transit or short-delivered
The vendor must be notified of non-receipt of goods within 10 days of date of invoice, any alleged shortage, defects or damage in transit to the goods must be notified to the vendor in writing within 3 days of receipt, otherwise the purchaser shall be deemed to have accepted the goods in all respect. Any such notice must specify the particular defect or shortage and must afford the vendor responsible opportunity to inspect the goods in question. If the goods are agreed by the vendor to be defective or short-delivered, the vendor will (at its option) either rectify the defect or shortage, or replace any such goods, or credit the invoice value of the goods, and any such action will be in full satisfaction of any claim by the purchaser. No goods may be returned for credit without the prior consent of the vendor.
Passing of risk and title
Unless otherwise stipulated in writing, the goods shall pass to the purchaser on delivery.
The property in the goods shall remain with the vendor until payment has been made and the purchaser hereby declares itself to be a trustee thereof for the vendor.
If the goods are sold by the purchaser, such sale shall be as agent and the vendor shall be entitled to the proceeds of such sale to the extent of any sums due to it from the purchaser.
Every effort will be made by the vendor to carry out its obligation to the purchaser. However, the vendor will not be liable to the purchaser in respect of any late delivery or failure to deliver due to war, strikes, lock-outs, industrial unrest, inability to obtain materials or labour, force majeure, acts of God, or any other circumstances beyond its control.
Acceptance of terms and conditions
The acceptance of the vendors quotation, or the acceptance of goods delivered by the vendor, shall be deemed to be acceptance of these terms and condition of sale