Terms and Conditions of Sale
When using our service, as a customer, you agree to our terms and conditions. If you have any questions, please do not hesitate to contact us.
- Basis of contract
1.1 These conditions (‘the Conditions) apply to the contract between ‘us’ (‘the Supplier’) and ‘you’ (‘the Customer’) for the sale and purchase of items supplied by the Supplier (‘the Goods’) to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2 Your order for the Goods (either via our website, telephone or in person) (‘the Order’) constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable specification are complete and accurate.
1.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
2.1 All terms, conditions and warranties (whether implied or made expressly) whether by the Supplier or otherwise (other than those express warranties set out in these Conditions) relating to the quality and/or fitness for purpose of the goods are excluded.
2.2 Goods are subject to availability and market conditions. The Supplier may limit quantities of Goods supplied to any one customer if in the Supplier’s opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of goods the Customer orders, the Supplier may offer a reasonable substitute.
3.1 The price of the Goods will be either as listed on the website http://www.edwardsdairies.co.uk/ at the time you placed your Order or the price quoted to you either via the telephone or in person.
3.2 The price stated will be exclusive of any VAT unless otherwise stated.
3.3 Payment of the price (plus any VAT applicable) shall be due within 7 days of the date of issue of the invoice unless otherwise agreed in writing.
3.4 The Supplier reserves the right to require a deposit from the Customer and to require payment before delivery of the Goods or in the case of a limited company to obtain a personal guarantee from a director of the company before delivery.
3.5 The Supplier reserves the right to charge interest at 10% per annum on overdue invoices which shall accrue from the date when payment becomes due from day to day until the date of payment.
3.6 If the Customer fails to make any payment on the due date then without prejudice to any of the Supplier’s other rights the Supplier may:
- a) Suspend or cancel deliveries of any Goods due to the Customer; and
- b) Appropriate any payment made by the Customer to such of the Goods as the Supplier may in its sole discretion think fit.
3.7 In the event that the Customer fails to make payment for the Goods the Customer shall fully indemnify the Supplier in respect of any costs and expenses, legal or otherwise, incurred by the Supplier in recovering payment from the Customer.
3.8 The Supplier reserves the right to monitor a Customer’s payment history and apply varying credit limits to the Customer’s account as the Supplier deems appropriate. This means that once a credit limit has been exceeded the Customer will not be able to place any further orders until an interim payment is made to bring the account back within its credit limit.
4.1 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (‘Delivery Location’).
4.2 Delivery is completed on the completion of unloading of the Goods at the Delivery Location. The risk in the goods shall pass to the Customer upon such delivery taking place.
4.3 The Supplier shall not be liable for any loss or damage whatever due to failure by the Supplier to deliver the goods promptly or at all.
4.4 Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of either party.
4.5 If the Customer rejects any of the Goods which are not in accordance with the Order, the Customer shall nonetheless pay the full price for such Goods unless the Customer gives notice of rejection to the Supplier within 4 hours of the time of delivery and such Goods are returned to the Supplier within 24 hours of delivery.
In the event of any breach of this contract by the Supplier the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Supplier exceed the price of the goods.
The English and Welsh courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms.