Terms & Conditions
- 1. Definitions
In these terms and conditions of sale, unless the context otherwise requires, "the Company" shall mean Caterers Choice Ltd whose registered office is Parkdale House, 1 Longbow Close, Pennine Business Park, Bradley, Huddersfield, HD2 1GQ and "the customer/the buyer" shall mean the person or persons, firm or company or other body to whom the goods are supplied hereunder. "The Goods" means the products which Caterers Choice Ltd are to supply in accordance with these Terms and conditions.
- 2. Basis of Contract
2.1 These conditions of sale shall apply in their entirety as between the Company and the Customer and shall prevail over all other conditions, warranties and representations, whether express or implied, statutory or otherwise and any purported provisions to the contract are hereby excluded.
2.2. Caterers Choice Ltd to deliver and the Buyer to receive the Goods as per written quotations from Caterers Choice Ltd accepted by the Buyer; or a written order from the Buyer which is accepted by Caterers Choice Ltd subject in either cases to these Terms and conditions which shall govern the contract between the parties.
2.3. No variation to these Terms and Conditions shall be binding unless agreed in writing between the authorised representatives of the buyer and Caterers Choice Ltd.
2.4. Any clerical, typing, or other error or omissions in any quotation, price list, invoice or other document or information published by Caterers Choice Ltd shall be subject to correction without any liability on the part of Caterers Choice Ltd.
- 3. Price
3.1. The price of the Goods shall be Caterers Choice Ltd's quoted price list written quotation format.
3.2. Unless specifically stated in the written quotation all prices quoted are subject to exchange rate fluctuation.
3.3. Caterers Choice Ltd reserve the right by giving written notice to the Buyer to increase the price of the goods to reflect any increase in the cost to Caterers Choice Ltd which is due to any factor outside the control of Caterers Choice Ltd. For example without limitation alteration of duty or taxes, increase in the cost of goods due to crop failure or bankruptcy, increase in shipping or transport costs.
3.4. Caterers Choice Ltd reserve the right to withdraw or cancel any Goods in any price document without notice at any time prior to acceptance of an order.
3.5. The price of any Goods is exclusive of any applicable value added tax which the Buyer shall be additionally liable to pay Caterers Choice Ltd. If the Buyer requires delivery in any European country the same applies to any taxation or duty liability equivalent or similar to the UK requirement on VAT.
- 4. Delivery
The customer shall be responsible for providing adequate labour and facilities at the delivery point for unloading goods ordered by him without undue delay and shall keep the Company indemnified against all claims howsoever arising from such unloading operation. The Company reserves the right to charge for delays prior to and during unloading or for costs incurred in making abortive deliveries.
- 5. Return of Goods
Goods will only be accepted for return with the company's prior agreement in writing. Drivers have no authority to accept goods for return unless expressly given by the Company.
- 6. Terms of Payment
6.1. Payment is due within 30 days of the invoice or credit arrangements to be agreed between Caterers Choice Ltd and the Buyer in writing or in the event of default in payment the Company may withhold further deliveries. The Customer shall not be entitled under any circumstances to make any reduction in or deferment of payment in respect of any dispute set off or counterclaim with or against the Company. In the event of default in payment of any sums due to the Company by the Customer the Company shall be entitled to demand immediate payment of all sums outstanding at the date of default including such sums not yet overdue.
6.2. Any contact with an end user (e.g. National Caterer) may be cancelled if the nominated distributor for that Caterer fails to make payment on the due date.
6.3. Any contract with an end user may be cancelled if the nominated distributor for that Caterer makes any unauthorised deduction in the settlement for Caterers Choice Ltd.
- 7. Retention of Title
7.1. The risk in goods passes to the Customer:-
- Where the Company delivers goods or causes goods to be delivered then as from their arrival at the point where they are to be unloaded.
- Where the customer collects goods or causes goods to be collected then as from the point where they are collected. When goods are loaded onto vehicles loading shall be the responsibility of and at the risk of the Customer.
7.2. Whilst risk in goods supplied to the Customer under the contract shall pass as stated above, legal and beneficial ownership of the goods shall remain with the Company until such time as the Company has received payment in full for the goods supplied or until such time as the customer sells the goods to its customers by way of bona fide sale at full market value (whichever shall be earlier) and until such time the Customer shall keep such goods separate from its property and clearly identified at the Company's property.
7.3. Notwithstanding terms of payment specified herein or elsewhere payment for all goods supplied shall become due immediately upon the commencement of any act of proceedings which the customer's solvency is involved (whether voluntary or upon application to any court) or upon the appointment of a receiver over the whole or any part of its assets or undertaking and upon such occurrence the power of sale granted to it above hereof shall automatically terminate.
7.4. If payment for the goods is overdue whether in whole or in part and any of the goods have been delivered the Company may without prejudice of any of its other rights enter the Customer's premises to recover and/or resell the goods or such of them as the Company in its absolute discretion may designate as necessary to recover the amount of payment overdue and its reasonable costs incurred in giving to its rights under this provision and for these purposes the Customer hereby irrevocably authorises the Company to enter and take all necessary and reasonable steps upon the Customer's premises.
7.5. Until full payment has been made for the goods supplied the Customer is and shall remain fiduciary for the Company in respect of the goods and if it sells or allows to be sold the goods the proceeds of sale shall be held in a separate clearly identifiable account and the Company's beneficial interest shall attach to the proceeds of sale and the Company shall have the right to trace such proceeds of sale.
7.6. The provision of this clause 7 shall apply only to the extent permissible at Scottish law, and shall be construed and interpreted accordingly in relation to customers situate in Scotland when the goods are for delivery in Scotland.
- 8. Contractual Note
8.1. When customers place forward orders for any commodity then Caterers Choice will issue a contractual note which details the terms of the contract.
8.2. You can view the Caterers Choice Contractual Note on the website : This is a completed note to illustrate a typical contract.
8.3. This contractual note creates a legally binding agreement on both parties subject to the Force Majeure clauses specified in these terms and conditions.
8.4. Typical examples would be a contract for 5000 cases of 6 x 800g Caterers Pride tuna chunks in brine to be taken over a 6 month period. Or say a 5 container order for 4 x 3010g tuna pouch pack to be taken by the year end.
8.5. When the contract is agreed Caterers choice will email to you the "Contractual Note" within two working days. Please check this note carefully.
8.6. If there is any point written in this note which does not mirror your understanding of this contractual obligation you must inform Caterers Choice immediately by telephone and return the note by email.
8.7. This is essential because we will be placing with our sources a contract to supply the exact quantity you have booked with us. We will be entering a legally binding contract with a valued supplier which will involve payment by letter of credit, booking currency and agreeing a shipment timetable.
8.8. The contractual Note should be signed and returned to Caterers Choice by email. However an unsigned contractual note if not questioned at the time of issue and returned does create in English law and as accepted business practice in this industry a legally binding contract.
- 9. Containers
9.1. Shipment by container will be subject to the following additional conditions. First in the event that containers are delayed at the Buyer's premises for a period in excess of that prescribed by the carrying company for the discharging then any demurrage charge arising from such delay shall be for the Buyer's account.
9.2. Second the responsibility for ensuring that the seals on the container are unbroken at the time of delivery to the Buyer rest with the Buyer. Notice that seals are broken must be given at the time of delivery to Caterers Choice Ltd. No claims can be considered without such notification.
- 10. Quality & Specification
10.1. Caterers Choice Ltd warrants that the Goods meet the specification, description and samples as agreed by the parties in writing. Caterers Choice Ltd further warrants that the Goods comply with all the relevant UK and EEC legislation and directives relating to the sale of goods intent for human consumption and any statutory amendments, modification or re-enactments thereof.
10.2. In the event of any fault occurring in any Goods, the Buyer must notify Caterers Choice Ltd in writing immediately and retain the goods for inspection.
10.3. In the case of any bespoke product manufacturer or produced specifically for the Buyer then an agreed floor stock or production cycle or shipment timetable will be agreed in writing to the Buyer. The Buyer will be liable for payment in full for these Goods, should any quantity not be taken within a reasonable time period this being for three months.
- 11. Claims
11.1. The Customer shall inspect all goods immediately upon delivery and shall within 24 hours from such inspection give notice in writing to the Company of any matter by reason whereof the Customer may allege the goods are not in accordance with their order. The customer to email a photograph on the day of delivery to substantiate any damage.
11.2. Notice to any claim relating to shortage of or damage to the goods shall be made to the Company in writing within 48 hours of receipt of the goods. In the event of loss or non delivery of the goods the Customer shall notify in writing within 7 days of receiving the delivery note.
11.3. The Company will consider claims only if the above conditions are met and the claim is signed by the Customer and accompanied by full particulars giving the invoice and Customer's order number and, as the case may be, the case number, the condition of the case or packing and the delivery note in respect of the goods.
11.4. The Company's liability hereunder in respect of any shortage loss or damage to the goods shall be limited to the proportion of the price attributable to the goods undelivered lost or damaged and in no event shall the Company its servants or agents be liable for any injury loss or damage (including consequential damage) loss of profits or expenses of any kind whatsoever caused in connection with the goods supplied by the Company (other than death or personal injury due to the negligence of the Company).
- 12. Force Majeure
In the event of the Company being delayed in or prevented from performing its obligations hereunder owing to any cause whatsoever beyond the Company's control without limitation, act of God, war, strikes, lockouts, trade disputes, difficulty in obtaining workmen or materials, breakdown of equipment, or any other cause, the Company will not be liable for any loss damage or expenses incurred and shall be at liberty to cancel or suspend the contract without incurring any liability arising therefrom and the Customer shall not be entitled to terminate the contract.
- 13. Intellectual Property Rights
13.1. If the Customer receives a claim that any goods or part thereof supplied by the Company infringes the intellectual property rights of any third party the Customer shall immediately notify the Company in writing. The Company shall have sole right to evaluate settle or defend such claim and the Customer shall give the Company all possible information and assistance for this purpose. The Company shall at its own expense and option, do all or any kind of the following:-
- Settle the claim
- Obtain for the Customer the right to use such goods
- Replace or modify the goods to avoid infringement
- Have the Customer return the goods refunding to the Customer the purchase price installation and carriage costs, less a reasonable amount of depreciation
- Defend against such a claim
13.2. Provided always that the Customer has complied with all the terms of the contract and if any court of competent jurisdiction holds such goods to constitute infringement the Company shall pay costs and damages finally awarded on account of such infringement and if the use of such goods is prohibited the Company shall at its option take action as specified in (b), (c) or (d) above. If a claim or infringement relates to goods or part thereof sold but not manufactured by the Company any indemnity given by the manufacturers of any such goods shall apply. The rights and obligations of the Company and the Customer respecting intellectual property rights are solely and exclusively as laid down in this condition.
13.3. Should any of these factors result in reduced quantities becoming available Caterers Choice Ltd are at liberty to deliver pro-rata, each delivery to be considered and treated as a separate contract.
- 14. Laws & Interpretation
This contract represents the entire agreement between the parties and supersedes all earlier warranties representations or statement (whether oral or writing) and may only be varied or amended in writing between the parties.
The heading of each provision are intended for convenience and do not affect the interpretation thereof.
This contract is subject to and shall be interpreted in accordance with English law.
Nothing in these conditions of sale affect the statutory right of the Customer who deals as a consumer (as defined in the Sale of Goods act 1979).
- 15. Monies
Payment for all goods must be in £ Sterling.