1. GENERAL
1.1 In these terms and conditions the following definitions apply:-
“Buyer” means the person, firm or Company whose order of goods is accepted by the Company
“Company” means S Aspris & Son Ltd
“Goods” means the products which the Company is to supply in accordance with these terms and conditions
“Contract” means the contract for the purchase and sale of the Goods
“Writing” includes email communications
1.2 Acceptance by the Company of any order entails the acceptance by the Buyer of these terms and conditions which shall govern any contract between the Company and the Buyer
1.3 These terms and conditions shall prevail over any terms put forward by the Buyer
1.4 These terms and conditions do not constitute an offer to sale
1.5 The Company reserves the right to alter its terms and conditions without prior notice
1.6 This website is intended to be used by persons of legal drinking age in their country of residence. In the UK this is 18 years and over. If you do not meet this requirement please leave the site immediately
1.7 We reserve the right to suspend or terminate a users use of our website if we have reasonable grounds to that the user is breaching our terms and conditions or threatening the security of our website
1.8 We reserve the right to amend, modify suspend all or part of this website or restrict access to all or part of this site without liability
1.9 We are not responsible for content accessed to third party sites through our website, and will not be liable for any loss or damage as a result. We will not be held liable for loss or damage suffered not limited to computer viruses suffered as a result of access to our site or third party sites through our website
2. PRICES AND PRODUCT AVAILABILITY
2.1 Prices quoted are subject to alteration by the Company without prior notice in the event of increase in the cost of supply, or overheads or variation in the exchange rate
2.2 Prices quoted for wholesale trade only are exclusive of Value Added Tax which will be applied at the prevailing rate where applicable at the date of issue of the invoice.
2.3 The fulfilment of orders will be subject to stock availability and the Company shall not be liable for any breach in respect of failure to deliver the full contract quantity
2.4 The Company reserves the right to decline to accept an order in the event that acceptance would exceed the Buyers agreed credit limit where applicable
2.5 Online product prices quoted include 20% VAT unless food products which are zero rated
3. DELIVERY AND RETURNS
3.1 The Company shall not be held responsible for any loss or damage arising from non-delivery, in whole or in part or any delay in the delivery of goods
3.2 Any dates and times for delivery are approximate and are subject to change or alteration without prior notice
3.3 Notwithstanding the Company’s retention of title to the goods, the risk in the goods shall pass to the Buyer when the goods are delivered to the delivery address
3.4 The Goods must be examined by the Buyer, or his representative at the time of delivery and the delivery documentation signed to acknowledge safe receipt. Any shortages or damages must be notified to us in writing within 48 hours of delivery
3.5 The Good are ready for consumption and have been stored by the Company in the conditions recommended by the producer. The Company will only accept liability for defects in the Goods if they have been stored after delivery in similar conditions to those prior to delivery
3.6 In the event of a claim being made the Buyer must retain the Goods and any packaging for inspection. Any alleged defect must be notified in writing to the Company immediately upon discovery. Failing such notification or the availability for the inspection of the goods and or packaging, the Buyer will be unable to reject the goods
3.7 For online purchase orders the Delivery and Returns policy information is incorporated within these Terms and Conditions
4. FORCE MAJEURE
4.1 Force Majeure shall include all events beyond the control of the Company control including official and unofficial industrial action
4.2 The Company is under no obligation to notify the Buyer of the occurrence of any of the force majeure circumstances
4.3 If performance by the Company is delayed or hindered by circumstances amounting to force majeure , the Company’s duty to fulfil its obligations shall be suspended for as long as those circumstances continue and the time for such performance shall be extended accordingly
4.4 If performance of the Company’s obligations becomes uneconomic or impossible due to circumstances amounting to force majeure the contract between the Buyer and the Company shall be discharged
5. SALE OR RETURN
5.1 Goods are not supplied on a sale or return basis unless otherwise agreed by the Company in writing, therefore they cannot be returned once delivery has been accepted
5.2 The Company reserves the right to refuse to accept returned goods regardless of any prior agreement, if the Company considers that the products have been damaged, stored incorrectly or tampered with or for whatever other reason
6. PAYMENT
6.1 Payment for goods supplied shall become payable in accordance with the credit terms expressly agreed by the Company in writing. If the Buyer does not have an approved credit account with the Company then payment in full shall be made on delivery to the Buyer
6.2 If the payment of the price of goods or any part thereof is not made on or before the due date the Company shall be entitled to charge interest thereafter on the outstanding amount at the rate of 4 per cent per annum above the Bank of England’s UK base lending rate in force from time to time. Such interest being deemed to accrue from day to day until full settlement is made
6.3 If the Buyer fails to pay any one invoice that is due, then all other unpaid amounts shall become due immediately. In this event the Company reserves the right to withdraw from any further delivery obligations or sales without further notice and be entitled to claim compensation for any and all damages suffered
6.4 Any cash payments made to the Company can only be proven and accepted on the production of a receipted invoice
6.5 All cheque payments made to the Company must clear on first representation. If a cheque payment does not clear on first representation the Company reserves the right to charge the Buyer any Bank Charges incurred as a result, in addition to any interest. If the cheque is returned for whatever reason by the Buyers Bank the Company reserves the right to request immediate cash payment for any outstanding amounts owed to the Company
6.6 The Company will only accept payments made in Pound Sterling(GBP) to the full amount of the invoice due
6.7 The Company reserves the right to charge the Buyer all party costs, including any collection costs applicable.
7. RETENTION OF TITLE
7.1 Property and title in the goods shall remain with the Company and shall not pass to the Buyer until such time as the Company has received payment in full of all the sums due on whatsoever account
7.2 The Buyer shall not pledge, charge or otherwise encumber the goods until full payment of the price of the goods has been received by the Company
7.3 If the Buyer sells all or part of the goods before the payment of the full purchase price has been received by the Company, such sales shall be made by the Buyer as agent of the Company and the proceeds of such a sale are held on the Company’s behalf in such a manner as to make then readily identifiable as the Company’s property
7.4 The bankruptcy, insolvency or liquidation of the Buyer or any voluntary arrangement made with its creditors, shall not affect the title of the goods
7.5 The Buyer agrees that prior to the payment, whether due or not of the goods the Company its servants, representatives or agents shall be entitled in addition to all other rights to enter any premises where the goods may be and recover possession of them
8. DATA PROTECTION
8.1 The Company will obtain suitable references which will be kept on file and used to establish the Buyers credit worthiness. Furthermore the Company reserves the right to make enquiries in respect of the Directors and or any other Principals of the Buyer if the Buyer is a Company
8.2 The Company will provide on written request, trade references to third parties and any fees charged will be at the discretion of the Company
8.3 Information held by the Company will only be used for purposes registered under the Data Protection Act. The Buyer and or his representatives may request in writing copies of such information held by the Company and any fees charged will be at the discretion of the Company
8.4 For online orders, by consenting to these terms and condition you accept that we may make checks with credit reference agencies to validate a Buyers name, address and age. This may delay the processing of the order. This will not affect your credit rating.
9. APPLICABLE LAW
9.1 The Contract of sale shall be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts
9.2 Any provision hereof which is void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision hereof
9.3 Any waiver by the Company of its rights under any clause of its conditions of trade shall not affect its validity thereof
9.4 The terms of the Contract may not be varied except by agreement in writing by the Company