TERMS & CONDITIONS
Terms & Conditions
1. Definitions, in this Contract the following terms shall bear the following meaning:
1.1. Seller shall mean Hunt’s Food Group Limited. Buyer shall mean the name of the person, company or firm from whom the Seller accepts an order.
1.2. Goods shall mean all items supplied by the Seller.
1.3. Price shall mean the total price of all the goods ordered.
1.4. VAT shall mean the total amount of value added tax due in respect of the price.
1.5. Delivery Date shall mean the date accepted when the order is received.
2. Application of Terms and Conditions, these provisions shall apply to all contracts for the sale of goods between the Seller and the Buyer notwithstanding and to the exclusion of any terms or conditions which the Buyer may purport to incorporate under any purchase order, letter of order, confirmation of order or similar document.
2.1. All orders shall be deemed to be offers from the Buyer to purchase goods pursuant to these terms and conditions unless the Seller shall amend these terms and conditions or notify the Buyer to the contrary.
2.2. Any variation to these Terms and Conditions may only be made in writing by the Seller; any other form shall have no effect.
2.3. Each and every clause, sub-clause and provision shall be separate and severable and enforceable accordingly and the invalidity of any clause or provision as aforesaid shall not affect the enforceability or validity of any other provision.
2.4. This contract is governed by the law prevailing in England and Wales.
2.5. Hunt’s Food Group Limited and is registered at Companies House “Registration number 01194446”.
2.6. All invoiced goods remain the property of the Seller until paid for, and will still remain the property of the Seller on entering of the receivers into a company.
2.7. Prices advertised within the Sellers brochures are subject to change.
3.1. All orders must be paid for by card or BACS prior to delivery unless prior arrangement made, or a credit account has been specifically agreed.
3.2. First orders must always be paid for in advance.
3.3. We do not offer goods on a sale or return basis.
3.4. Price marked goods cannot be returned.
3.5. Mid-bulk orders must be re-packed.
4.1. Place of Delivery shall mean the Buyer’s address where the business is placed unless a contrary place of delivery has been specified in writing by the Buyer.
4.2. Delivery shall be made by the Seller giving the Buyer possession of the goods on the delivery date. The title of goods will only pass upon receipt of the payment in full.
4.3. The Buyer shall make all necessary arrangements to take possession of the goods on the delivery date and at the place of delivery.
4.4. All deliveries must be checked at the time of delivery where shortages or damaged goods must be reported to the driver.
4.5. Exception to 4.4, where goods have been left in absence of the Buyer, all claims for shortages or damaged goods must be notified to the Seller via email within 48 hours days where a reference number will be provided. The Seller reserves the right not to reimburse the buyer if a reference number cannot be provided by the Buyer.
4.6. Returned goods without good cause may not be accepted. If they are accepted, the Seller reserves the right to charge the Buyer an admin fee of 20% of the cost of the goods being returned.
5. Payment / Finance.
5.1. The Buyer will pay to the Seller the price together with any and all VAT by payment terms agreed (refer 3.1 above) on delivery of the goods unless credit terms have been agreed or payment made by credit/debit card at time of order. The Buyer may also pay for the goods by credit/debit card before the goods are delivered.
5.2. Where credit terms have been agreed, the Buyer may pay the Seller by BACS, credit/debit card, direct debit, remittance advices should be sent to firstname.lastname@example.org.
5.3. Where the Buyer does not have credit terms and goods have been left without payment, the Buyer accepts the Sellers credit terms of 3 days from the date of delivery where payment will be made in full for the delivery received.
5.4. Where the Buyer does not have credit terms any orders placed either online or via call centre (telesales) that have not been paid, the Buyer accepts the Sellers credit terms of 3 days from the date of delivery where payment will be made in full for the delivery received.
5.5. In the event of credit terms, the Seller understands and will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if it does not receive payment in accordance with agreed credit limits. The Seller reserves the right to charge 8% above the Bank of England Base rate for late payments.
5.6. When applying for credit terms, the Buyer agrees to the Seller obtaining references and a credit check. The Buyer also agrees to complete all contents of the credit application form.
5.7 We reserve the right to continue to monitor credit status
6. Acceptance of Goods.
6.1. The Buyer shall be deemed to have accepted the goods as if they had expressly written to the Seller and stated as such if they fail to notify the Seller in writing or telephone that they do not accept the goods within 48hours of delivery of the goods. If communicated by telephone reference number must be obtained.
6.2. All risks whether insurable or otherwise relating to the goods shall pass to the Buyer upon delivery of the goods. Each part delivery or instalment of the goods shall be deemed to be sold under a separate contract and no default by the Seller in respect of any part delivery or instalment thereof shall entitle the Buyer to treat the contract as repudiated in regard to any balance or instalment remaining deliverable.
6.3. Acceptance of the Goods shall be conclusive evidence that the Buyer agrees that the Goods as delivered are of satisfactory quality and in conformity with the contract description.
6.4. Despite the Seller purchasing the best quality commodity, it is acknowledged they are natural products and therefore may contain impurities; please check the product to ensure it is suitable for its intended use. The Seller cannot accept liability for any consequential loss.
7. Exclusions, Limitations and indemnity
7.1. The Seller shall be under no liability to the Buyer for indirect or consequential loss (including loss of profits) sustained by the Buyer following breach of this contract by the Seller.
7.2. In any event, the Seller's liability to the Buyer arising out of any breach by the Seller of this contract shall be limited to damages and such damages shall under no circumstances exceed the price.
7.3. The Seller shall not be liable to the Buyer and the Buyer shall keep the Seller indemnified against all claims for damages, loss or injury to third parties in the event that:
7.3.1. goods supplied by the Seller with a 'best before', 'sell by' or ‘use by’ date are sold by the Buyer after such dates, or
7.3.2. goods supplied by the Seller are altered or processed, or deteriorate through no fault of the Seller, after leaving the Seller's possession.
7.4. The Seller shall not be liable for any delay, loss or damage whatsoever arising out of Acts of God, Government Orders, strike, lock outs or other industrial disputes, inability to secure labour, materials or supplies at commercial rates, accidents, plant breakdown, wars (whether declared or not) or by acts of terrorism, civil commotion or any other circumstances (whether the foregoing class or not) beyond the control of the Seller and all contracts are subject to cancellation by the Seller or variation as may be necessary due to force majeure.
7.5. The terms, conditions or warranties implied by Statute or Common Law relating to the correspondence of the goods with any description and/or the quality of the Goods and/or the fitness of the Goods for any purpose whatsoever are excluded from this contract to the fullest extent permitted by Law. Nothing in these Terms and Conditions of Sale excludes liability for fraud.
8.1. The Seller warrants that it will not knowingly supply Goods of less than satisfactory quality to the Buyer.
9. Data Protection.
9.1. The Seller will take all possible precautions ensuring any data held in regards to the Buyer will be secured and comply with General Data Protection Regulations “GDPR”.
9.2 The buyer agrees that anonymised and identifying sales data can be shared with 3rd parties for analytics and account management and this may include being contacting by the Seller's supplier.