The Delivery, Risk and Exclusion of Liability conditions within our standard conditions of sale below contain conditions limiting or excluding our liability.
To spread the risk which, if insured, would increase the cost of the goods supplied, we consider it reasonable to limit our liability by reference to the invoice value of the goods supplied.
Accordingly, we would draw your particular attention to the fact that, save as agreed to the contrary, our maximum financial liability under any contract will be limited to the invoice value of the goods in respect of which liability arises. Accordingly, you areadvised to protect yourself with the appropriate insurance cover.
Acceptance by you of these conditions of sale will be treated by us as your warranty that these terms and conditions of sale are reasonable.
"the Company" means Dart Fresh Produce Ltd, company registration number 10953859, registered address 28 Alexandra Terrace, Exmouth, Devon, EX18 1BD.
"the Contract" means the agreement between the Company and the Customer for the supply of the Goods.
"the Customer" means the purchaser of the Goods.
"the Goods" means the subject matter of the Contract.
The Contract is entered into and all quotations are given subject to these conditions which may only be varied or waived by written agreement between the Company and the Customer signed on behalf of the Company by a Director of the Company. No Contract shall be made until the Company has accepted an order placed by the Customer.
If these conditions differ from the terms of any offer made or order placed by the Customer any subsequent communication by the Company constitutes a counter-offer and not acceptance of such terms. Any conduct of the Customer which confirms an agreement for the supply of the Goods by the Company shall constitute an unqualified acceptance by the Customer of these conditions.
The Company reserves the right to consult whomsoever it considers appropriate for the purpose of Trade References and will record information in respect of such opinions which may be made available to other businesses for the continuing assessment of credit risk.
Goods will be invoiced at the price ruling at the date of despatch.
The invoiced amount is subject to the addition of all other costs, duties and taxes.
The price of the Goods may be adjusted by the Company to take account of:
The Company shall be entitled to bring an action for the price of the Goods whether or not the property in the Goods (or any part thereof) has passed to the Customer.
For Trade accounts with agreed credit terms, payment shall be made on delivery of the Goods or for weekly accounts payment by the following Wednesday at 17:00 or, alternatively, on approved monthly credit accounts, payment must be made by the end of the month following the month of invoice.
All payments shall be made without any deduction on account of taxes, duties or other charges of any nature and free of set-off or counterclaim.
For all Retail orders, the Goods must be paid for at the time of the order and prior to delivery of the Goods.
The Company may, without prejudice to its other rights hereunder, charge interest on any overdue payment at 3% above National Westminster Bank PLC base rate as variedfrom time to time.
All returned cheques will be subject to an administration charge.
Time for payment of the price of the Goods shall be of the essence of the Contract.
Payments made online are subject to the final order total being calculated on the day of dispatch and as such the Customer accepts that the final charged amount may be lower or higher than the total at the time of placing the order.
Subject to the prior written agreement of the company and on terms which may be from time to time agreed by the Company and the Customer the Goods may be delivered and payment for the Goods may be made by instalment.
Where any instalment payment is overdue and not paid the Company may sever the Contract and treat it as terminated without prejudice to any of the rights of theCompany to claim any outstanding instalment payments owed to it.
Any times or dates quoted for delivery are estimates only and are not conditions of the Contract and shall not be of essence.
The Customer must inspect the Goods on delivery or collection.If any shortage or damages are identified by the Customer, these must be informed in writing or email or by phone (if confirmed received by the Company) within 24 hours of delivery, providing details.
The Company shall be entitled to deliver the Goods in accordance with the Customer’s verbal or written delivery instructions. Where this means the Goods will be delivered to an area where there is no one to receive them and inspect them, the Company will not liable for any shortages or damages in respect of such deliveries.
Subject to the Customer’s compliance with this clause and the Company’s agreement you may return the Goods and the Company will as appropriate replace or refund the Goods or part of them.
Deviations in quantity of the Goods delivered from that stated in the Contract (provided that such deviation does not materially exceed the quantity ordered) shall not give the Customer any right to reject the Goods or to claim damages and the Customer shall be obliged to pay at the contract rate for the quantity of the Goods delivered.
The Company may suspend, at its discretion, the delivery of Goods on order at any time when the Customer’s account is overdue.
Risk in the Goods shall pass to the Customer on delivery to the Customer's place of business.
For Retail customers, risk in the Goods shall pass to the Customer on delivery to the address specified in the order.Where Goods are delivered to the address and there is no one to receive them and inspect them, then the Customer agrees that the risk in the goods shall pass to the Customer when the Goods are delivered and left at the address in the order.
Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the price for the Goods, together with the full price of any other Goods supplied by the Company.
Until property in the Goods has passed to the Customer in accordance with the Conditions above without prejudice to the Company's other riqhts:
Nothing in this Condition shall confer any right upon the Customer to return the Goods or to refuse or delay payment for them.
The Company shall be under no liability (including liability for any indirect or consequential loss or damage) of whatsoever kind howsoever caused whether or not due to nay act, omission, negligence or wilful default of the Company or its servents or agents arising out of or in connection with the Goods. All conditions, warranties or other terms express, implied, statutory or otherwise are hereby excluded. Accordingly, the Customer must rely on his own skill and judgement in relation to the Goods and saveas aforesaid the Company shall be under no liability whatsoever to the Customer in respect of or arising out of the Goods or for any defect in, failure of or unsuitability or unfitness for any purpose of the Goods.
If the above condition is held to be wholly or partly ineffective in relation to any claim the Customer shall nevertheless not be entitled to any damages in respect of indirect or consequential loss or damage of any kind howsoever arising.
Nothing contained in this Condition shall exclude or restrict:
The Customer hereby represents and warrants to the Company that no statement, recommendation, advice or representation given or made by the Company or its employees or agents to the Customer or its employees or agents as to any matterrelating to the Goods has in any way induced the Customer to enter into the Contract other than such as shall have been notified by the Customer to the Company in writingprior to the making of the Contract.
The Customer shall comply with all instructions of the Company and all legislation in relation to the use, processing, storage and sale of the Goods and shall indemnify the Company against all costs, claims, demands, expenses or liabilities which the Company may incur arising out of or in connection with such use, processing, storage or sale.
If any of the Customer's obligations to the Company under the Contract or any other agreement are not fulfilled or if the Customer becomes insolvent or goes into liquidation (otherwise than for the purposes of a reconstruction or amalgamation) or if a receiver or administrator is appointed of any of the assets or undertaking of the Customer or if the Customer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order or an administrative order is made against him, the Company may forthwith re-possess any Goods in the possession of the Customer which havenot been paid for or by notice in writing cancel any outstanding order or suspend any deliveries of any of the goods unless the Customer makes such payment for any of the Goods ordered as the Company may require.
The omission to exercise or any delay in exercising any of its rights or remedies under any contract to which these Conditions apply shall not constitute a waiver of any such rights or remedies by the Company.
The Contract shall be governed by and construed in accordance with English law.