| 1. |
In these conditions "The Company" means L. Doble
Ltd trading as Doble Quality Foods and "The Customer" means
the person or company to whom this document
is addressed. |
| 2. |
These conditions shall form the basis of the
contract between the Company and the Customer, notwithstanding
anything to the contrary in the Customer's standard conditions
of purchase, these conditions shall apply except so far as expressly
agreed in writing by the Head office of the Company. No servant
or agent of the Company has power to vary these conditions orally,
or to make representation or promises about the conditions of
the goods, their fitness for any purpose or any other matter
whatsoever. |
| 3. |
(i) |
The Customer shall note any claims for short
delivery and / or for damage to the goods on delivery schedule
at the time of delivery and shall confirm such claims in writing
to the Company's Head Office within 48 hours from the time of
delivery. Compliance with this requirement shall be a condition
precedent to any claim for short delivery and / or damaged goods.
If short delivery does take place, the customer undertakes not
to reject the goods but to accept the goods delivered as part
performance of the contract |
| |
( i i ) |
Where the goods are not delivered by the Company,
but by an independent carrier, delivery to the carrier shall
be delivery to the customer. |
| |
( i i i ) |
The Company shall not be liable for failure or
delay in delivery due to circumstances beyond the reasonable
control of the Company. In the event of any such delay the date
of delivery shall automatically be extended for a period equal
to the time lost by reason of the delay |
| |
( i v ) |
The Company shall have the
right to make and the Customer shall accept delivery by installments
of the goods
ordered by the customer. |
| 4. |
No goods will be returned to the
Company without prior authorisation from the Company. |
| 5. |
The Customer shall pay on delivery
unless a credit account has been requested and agreed following
favourable replies from suitable referees. Credit terms are 14
days collected by Direct Debit unless again other special arrangements
have been made. In the case of special arrangements where payment
is not collected by Direct Debit the Customer shall pay strictly
net in accordance with such special arrangements and shall pay
interest on overdue accounts of 2 per cent above Bank of England
base rate, accruing daily. If the customer shall fail to pay
promptly, he shall lose the benefit of any previously agreed
discount and further deliveries may be withheld.
The ownership of goods delivered by the Company shall only
be transferred to the Customer when the Customer has met all
that is owing to the Company on whatever grounds. The risk of
accidental deterioration or destruction shall pass on delivery
and the Customer shall insure against such risk.
The Customer shall pay all accounts in full and not exercise
any rights of set-off or counter -claim against invoices submitted.
The Company reserves the right under the Data Protection Act
1998 to pass information relating to overdue accounts to Licensed
Debt Collectors for the purpose of the collection of the overdue
debt. |
| 6. |
The Customer shall indemnify the
Company against any expense, damage, outlay or loss arising out
of the breach by the seller of any trademark copyright or other
form of industrial property arising from compliance with the
Customer' s specifications, instructions or designs. |
| 7. |
Orders will be accepted subject to
the satisfactory credit status of the Customer and the Company
reserves the right to terminate the contract in the event of
the status of the Customer ceasing to be satisfactory to the
Company. The Company also reserves the right to require a personal
guarantee from any director of the Customer being a Limited Company
which is not a subsidiary of a Public Company. |
| 8. |
The goods will be supplied substantially
to the specifications of the Customer or to the specification
described in the quotation, catalogue or other literature. The
Company reserves the right to make reasonable changes at its
discretion to any xxxxxxx brand recipe or to alter the ingredients,
appearances get up form or style of packaging of any goods. |
| 9. |
All prices are quoted exclusive of
United Kingdom taxes. |
| 9.1 |
The Company shall charge prices for
goods as advised in the quotation, catalogue or other literature. |
| 9.2 |
Any dispute relevant to prices shall
be notified by the Customer to the Company within 28 days of
delivery. Compliance with this requirement shall be a condition
precedent to any claim for price disputation being considered
by the Company. |
| 10. |
In the event of alteration to prices,
weights or packaging specifications, orders will be delivered
according to specifications and invoiced according to prices
ruling on the date of despatch. |
| 11. |
All cartons, cases and packing materials
are non-returnable. All display stands supplied by the Company
remain the property of the Company at all times and failure to
return the same will entitle the Company to invoice the Customer
for an amount equal to the cost of the replacement of such items. |
| 12. |
With regard to the Data Protection
Act 1998 the Company may from time to time make a search with
a Credit Reference Agency, which will keep a record of that search.
The Company may also make enquiries with a Credit Reference Agency
about the principal directors of the Customer if the Customer
is a Limited Company. |
| 13. |
The Company
will monitor and record information relating to the Customer’s
trade credit performance and such records will be made available
to other organizations
for the purpose of credit assessment. |
| 14. |
English law shall be the proper law
of the contract. |
 |
|
|
