Terms and Conditions of Sale
- These Terms and Conditions
of sale are those which govern the sale of all Kaspas Distribution Ltd
goods and products (the goods) exclusively, notwithstanding any purported
variation contained on any order or other written correspondence submitted
to you, the Customer, by Kaspas Distribution Ltd unless such variation is
expressly agreed to in writing signed by a duly authorised officer of
Kaspas Distribution Ltd.
- All risks whether insurable
or otherwise, relating to the goods, shall, subject to the Reservation of
Title clause set forth at condition 6 below, pass to you, the customer,
upon delivery of the goods to you or to such place or places as you shall
direct. Each part delivery or instalment of the goods shall be deemed to
be sold under a separate Contract and no default by the Company in respect
of any part delivery or instalment thereof, shall entitle you, the
Customer, to treat the Contract as repudiated in regard to any balance or
instalment remaining deliverable. Kaspas Distribution Ltd reserves
the right to subcontract in fulfilment of any of your orders, or any part
thereof.
- Payment for the goods shall,
unless otherwise agreed in writing, be made to Kaspas Distribution Ltd
within such number of days as the despatch of an invoice, in respect
thereof, as shall previously have been agreed between Kaspas Distribution
Ltd, regardless payment for any new store opening order is due once the sales
order is raised and goods can then be despatched. All sums due to Kaspas
Distribution Ltd shall be paid when due, without deduction, and payment
shall not be deferred or postponed by you, the Customer, on account of any
claim, counterclaim or setoff. Kaspas Distribution Ltd reserves the right
to add compound interest at a flat rate of 2% for any overdue invoices and
interest will continue to accrue until such time as the debt is paid in
full.
- A condition precedent to
recovery for total or partial loss of, or a shortage (including weight)
in, or damage to any goods or any delay in delivery or despatch, or in
respect of the quality or condition of any goods supplied by Kaspas
Distribution Ltd, every claim must be made by telephone, fax or email to
the Head Office in the first instance immediately on receipt of the goods
and certainly within 24 hours. Kaspas Distribution Ltd must be
afforded an opportunity to inspect any such goods and to take such samples
and perform such tests thereon, as they may reasonably require.
Where the Customer intends to make a claim against Kaspas Distribution
Ltd, it must reserve all rights against the carrier of the goods by
facsimile or letter and by way of endorsement to the delivery note or
consignment docket if relevant.
- Where the goods are damaged
or defective for any reason, including negligence on the part of Kaspas
Distribution Ltd, its servants or agents, the only liability of Kaspas
Distribution Ltd, if any, shall be limited to the replacement of the
goods. Kaspas Distribution Ltd shall not, in any circumstances
whatsoever, be liable for any consequential loss incurred by the customer
or any other person in respect of the goods supplied here under.
Where the goods supplied by Kaspas Distribution Ltd are reprocessed after
leaving possession of Kaspas Distribution Ltd, the Customer shall at all
times keep Kaspas Distribution Ltd indemnified against any claims for
damages, loss or injury to the third parties.
- All goods supplied to the
Customer shall remain the property of Kaspas Distribution Ltd until such
time as they have been paid for in full.
- Each and every clause, sub
clause and provision shall be separate, severable and enforceable
accordingly and the invalidity of any clause of provision, as aforesaid,
shall not affect the enforceability or validity of any other provision.
- Where products are supplied
with a “best before” or “sell by” date, then Kaspas Distribution Ltd shall
have no liability for any goods sold after such “best before” or “sell by”
date.
- Kaspas Distribution Ltd
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, material or supplies at commercial
rates, accidents, plant breakdowns, wars, civil commotion or any other
circumstances (whether the foregoing class or not) beyond the control of
Kaspas Distribution Ltd and all contracts are subject to cancellation or
variation, as may be necessary, due to force majeure.
- Kaspas Distribution Ltd
warrants that the goods shall be of merchantable quality and comply with
all relevant statutory food labelling and safety regulations.
- The contract will be
governed by the law of England, and you submit to the non-exclusive
jurisdiction of the English Courts.