1. In the following Terms & Conditions “The Seller” and “The Company” shall mean Restaurant Wholesale and “The Goods” shall mean all items supplied The Seller to the Customer.
2. Legal title to the goods shall remain with Restaurant Wholesale until such time as Restaurant Wholesale (The Company) has received payment in full of the purchase price of the goods and the purchase price of any other goods or services previously or subsequently supplied by restaurant wholesale to customer whereupon such title shall pass to the customer.
3. Invoices must be produced against any queries or returns.
4. Any queries or returns regarding purchases must be notified within 48hrs of purchase of goods.
5. Any cheque paid to restaurant wholesale and not honoured by drawer’s bank, the customer shall be subject to a penalty charge of £50 per cheque representation. An additional £50 will be charged for cheques referred to drawer, and future orders will be stopped and cheque payment facilities will automatically be withdrawn until further notice.
6. Restaurant Wholesale reserves all rights to withdraw cheque payment facilities at any time.
7. The customer gives Restaurant Wholesale license to enter their premises to remove goods that are subject of that retention of title.
8. If payment of delivered goods is not made within the agreed credit terms interest at the rate of 3% above the current base-rate shall be made for each month outstanding.
9. The buyer shall make payment to the seller in accordance with the terms stated on the invoice of sale.
10. The goods will be supplied substantially to the specification in the price list but, in the event of any alterations to weight and packaging specifications, order will be delivered and invoiced accordingly.
11. The company reserves the right to amend the price of a contract between the date of acceptance of an order and final delivery of goods if the company considers such a courser is necessary due to any factors beyond the control of the company or any change in delivery dates, qualities, quantities or specifications of goods which is required by the purchaser or any failure of the purchaser to give the company adequate information or instruction.
12. In the event of goods being returned, the seller reserves the right to charge the cost of carriage, handling and any other expenses, which may be incurred.
13. The limit of the company’s liability in the event of any claim or action whatsoever will be the actual price of the goods paid for.
14. No agent or representative of the company has authority to alter the above terms and conditions where these terms and conditions conflict with any terms and conditions of the buyer these contained herein shall prevail and these terms and conditions are deemed accepted by the buyer upon placing a written or oral order.
15. The Seller shall not be liable for failure to perform this contract or for the loss or damage of the goods or for any delay if caused by any event (Force Majeure) beyond the Seller’s control. Without prejudice to the generality of the foregoing, examples of Force majeure are strikes, lock-outs, blocking, and prohibition of import or export, war, hostile cause, confiscation. Act of God or action of any government or any act or occurrence whatsoever beyond the control of the Seller.
16. The proper law of all contracts shall be English Law. In the event of any contract being made for the supply of goods to which these terms and conditions relate, such contract shall be deemed to be a contract made in England and enforceable only in a accordance with English law and the customer agrees that, in the event of any dispute arising out of any contract or the performance thereof, he will submit to the jurisdiction of the English Court.