1. These terms apply to the sale of fresh chilled or frozen meat, poultry, game or other provisions (“the Products”) for delivery to a specific point or points.
2. The conditions apply to orders placed with Sykes House Farm Limited (“the Company”) and are the only conditions on which an order is accepted and will take precedence over any conditions stated to be imposed in any written order by the Customer and orders to the Company are subject to the conditions hereof.
3. All duties, charges, levies, taxes and delivery are included in the price unless otherwise stated.
4. All invoices will indicate the product by species, cut, weight and where appropriate weight ranges, grade and other relevant information.
5. All products will be packed separately in sealed bags and delivered in impervious plastic trays or new cardboard boxes or otherwise in accordance with Customer practice, but in any event in compliance with all hygiene regulations.
6. Where products are on the basis of quantity or weight there shall be a tolerance of 10% unless otherwise
7. Every effort will be made to comply with completion/delivery requested by the Customer and quoted by the Company but not liability is accepted for or arising out of any failure to do so and dates shall not be of the essence but if costs incurred in storage, additional handling, transport or otherwise.
8. The Company shall request and the Customer shall give a signed acknowledgement of delivery.
9. The risk in the Products remains with the Company up to the receipt and signature of the Customer for the
Products and the Customer warrants that any person signing in receipt of the Products shall be duly authorised so to do.
10. Where the Customer requires the Company will specifically warrant by way of written undertaking that the Products have been inspected by a competent authority and have been declared fit for human consumption.
11. Notification of any short weight of Products or damage must be notified to the Company at the time of delivery and any claims in respect of quality within 24 hours of the date of delivery.
12. The Company shall be entitled to treat the Contract as cancelled or any part thereof if delivery of the Products is prevented by any matter outside the control of the Company without any liability on the Company whatsoever.
13. The Company reserves the right to alter any conditions of sale or trading at any time upon giving not less than seven days notice in writing and no variations to these terms are accepted by the Company unless confirmed in writing by the Company.
14. The Company reserves the right to request a deposit with any order and cancellation cannot be accepted without prior agreement in writing from the Company and in the event of any such cancellation the right is reserved to apply cancellation charges to reclaim any costs directly or indirectly incurred.
15. Payment is due to the Vendor on the 15th of the month following the previous months sales unless otherwise agreed between the Company and the Customer and the terms of credit from time to time published by the Company a copy of which the Customer acknowledges to have received shall apply. Any payment outside the terms of the Company’s credit arrangement with the Customer shall be subject to a charge of interest at 4% over the base rate of Bank of England on amounts outstanding from the date of invoice to the date of payment.
16. All products are sold at the prices quoted in our current price list. We reserve the right to change our price lists without prior notice.
16. Notwithstanding delivery and the passing of insurance risk or the grant of credit the legal and equitable title in products delivered remain with the Company and shall not pass to the Customer until all monies from time to time due to the Company in respect thereof have been paid in full and the Customer shall keep the Products in proper condition stored and labelled in such manner as to make the dame clearly identifiable as the Company’s property.
17. Until payment to the Company and without prejudice to any other remedies available the Company or its
agents shall be entitled immediately after giving notice of its intention so to do enter upon the premises of the Customer and repossess any Products of which it has title hereunder and the Customer shall assign to the Company any right or claim of the Company over or against any third party in respect of Products delivered.
18. The conditions herein shall take effect and be in accordance with English law.