Terms and Conditions
"We," "us", "our" mean "The Barton Meat Company Limited, a company registered in England and Wales, company number 05066902, whose registered office is at Buckingham Court, Kingsmead Business Park, High Wycombe, Bucks HP11 1JU.
1. Orders:
Orders are accepted subject to availability of the product from the manufacturer/importer.
2. Parties:
Only we and the customer making the order are intended to benefit from the contract of supply.
3. Minimum Delivery:
We reserve the right not to deliver an order which is valued at less than £50 (net sales value) (A charge of £20 plus VAT may be levied on orders below this amount).
4. Splitting Charges:
For your convenience we are pleased to split many original cases; however, in some instances a minimum split quantity may apply. We may make a modest additional charge for split cases of 10% unless the product is already priced for splits in which case no additional charges will apply.
5. Last Orders:
Orders must be received before 2.00 p.m. on the day prior to delivery, unless otherwise agreed.
6. Returns:
Our drivers are not authorised to accept goods for return without the appropriate documentation. However, full cases containing damaged goods may be returned for full credit at the time of delivery only.
7. Payment Terms:
All credit accounts must be settled within 30 days following invoice date and sent to the statement address. In the event of an account being in arrears, we reserve the right to withhold further supplies.
8. Risk and Ownership:
All risks in the goods pass to the purchaser on delivery. Ownership of goods delivered to customer shall remain with us until payment of the invoiced cost has been received in full.
Roll cages, pallets and tote boxes remain our property at all times. We reserve the right to charge for any items left at the customer's premises at their request which are not returned on demand or are lost by the customer.
9. Shortages:
The number of packages delivered must be checked in the presence of the driver. Claims for shortages should be made at the time of delivery but in any event claims must be made to the distribution depot on the day of delivery.
10. Warranty:
All goods offered for sale are warranted to be of the nature, substance and quality described and to comply with all statutory requirements from time to time in force relating to the sale of food (so far as applicable to such goods).
11. Product Durability:
Most food product with a life from manufacture of twelve months or less must by law be dated either by Best Before or a Sell By Statement. We as a company endeavour to ensure that all dated stock has an optimum remaining life when we sell to our customers. All customers are advised to check the durability dates upon receipt. We therefore regret that we are unable to accept returned products relating to date coding from our customers.
12. Pricing:
All items in this list are offered subject to availability.
We reserve the right to alter prices without notice in the event of significant unforeseen market fluctuations, or in the case of pricing errors. Prices are fixed on the day of delivery, not when the goods are ordered. VAT will be charged at the appropriate rate on goods where applicable.
13. Telephone Call Monitoring:
Please note that your call may be listened to by one of our telesales managers or regional trainers to assist with ongoing training and development of our staff with the aim of giving you the best possible service.
14. Limitation of Liability:
a. We do not accept liability for any failure to perform or delay in performance caused by events outside of our reasonable control (including, but not limited, to strikes, trade disputes, accident, breakdowns, shortages affecting us or our usual sources of supply or means of delivery of the product).
b. We accept unlimited liability for personal injury or death arising from our negligence and for all other matters for which it is unlawful for us to limit our liability under English law.
c. Subject to (b) above, we shall have no liability to you whether in contract, tort (including negligence) or breach of statutory duty for any:
(i) loss of profit, loss of business or business opportunity, loss of contract, loss of goodwill; or
(ii) any special, indirect or consequential loss.
15. General Provisions:
a. The contract and any claims arising in connection with it shall be governed by English law and any dispute between us will be resolved exclusively in the English courts.
b. If any part of the contract is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of the contract shall remain in full force and effect.
c. If we do not insist upon or enforce strict performance of any provision of the contract this shall not mean that we waive our rights under that provision.
d. Whilst every effort has been made to ensure the accuracy of the contents of product lists, occasionally errors may occur. Should specific characteristics of our products be of particular importance to you, please call 0870 460 0001 for full details. |
