1. (a) Credit Account Customers: All goods referred to on the Statement issued by the Company each month are due for payment before the 15th of the month following the month in which the goods are invoiced.
A standard bank charge will be made to cover our costs, in the event of a cheque not being met by the bank.
(b) Cash Account Customers: All goods supplied on a cash basis are due for payment either on placing of order or when the goods are delivered. Non-payment shall result in non-delivery. If any goods are uplifted for credit at the time of delivery, a credit note will be issued and the credit value deducted from the next order. It is solely within the discretion of the Company as to whether a customer shall trade with the Company on a Credit Account basis.
(c) To ensure continuity of servicess/deliveries, all customers must adhere strictly to the above payment terms.
(d) In the event of customer defaulting on a payment, all outstanding monies on the account becomes due.
2. The risk of loss, damage or destruction of the goods supplied shall pass to the customer and notwithstanding delivery and the passing of risk, the ownership of all goods supplied by the Company shall remain the property of the Company until the customer has paid all sums owed to the Company in respect of all goods.
The customer’s rights to sell such goods, in the ordinary course of business, are no way impaired by this condition but there remains a fiduciary duty to account to the Company for the proceeds of such sales to the extent that any such sums are owed by the customer to the Company.
3. Without prejudice to the foregoing provision (2) the Company shall be entitled to repossess the goods delivered without notice to the customer in the event of payment not having been made by the due date for payment or any credit allowance having expired. Access shall be afforded at all reasonable times to the Company’s representative to any premises where any goods shall be situated for the purpose of re-possessing such goods and all reasonable assistance shall be given to the Company or its representatives in removing same.
4. Deliveries made outwith the Company’s normal cycle and /or outwith the Company’s transport may be subject to carriage or postal costs.
5. (a) All shortages must be reported to the Company’s driver at the time of delivery, and he will amend delivery advice accordingly. If delivery is made outwith Company’s own transport, all claims for shortages must be reported to the Company within 48 hours of receipt of goods.
Any further claim for shortages will not be entertained, except in exceptional circumstances, at our sole discretion.
(b) Where it is claimed that goods invoiced have not been delivered the Company must be informed within 48 hours of receipt of invoice or statement otherwise a claim for non –delivery will not be entertained, except in exceptional circumstances, at our sole discretion.
(c) Due to the Food Safety Act (1995), frozen and chilled good are not returnable to the company subsequent of time of delivery.
6. Prices and Price Lists: The Company retains the right to alter prices without prior notification.
7. N.B. The words ‘’goods’’ in the above sections includes containers.
8. We will make a search with a credit reference agency which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principal directors with a credit reference agency. If supplying payment data to a credit reference agency: We will monitor and record information relating to your trade performance and such records will be made available to credit reference agencies who will share that information with other businesses in assessing applications for credit and fraud prevention.
We will monitor and record information relating to your trade credit performance and such records will be made available to other organisations to assess applications for credit.
9. The foregoing terms and conditions shall be interpreted according to the Law of Scotland.