In this Contract the following terms shall have the meanings ascribed to them below:
1.1. Seller shall mean David Willan Quality Foods.
1.2. Buyer shall mean the name of the person, company, or firm from whom the Seller accepts an order.
1.3. Goods shall mean all items supplied by the Seller.
1.4. Price shall mean the total price of all the goods ordered.
1.5. VAT shall mean the total amount of value-added tax due in respect of the price.
1.6. Delivery Date shall mean the date accepted when the order is received.
2.1. These provisions apply to all contracts for the sale of goods between the Seller and the Buyer to the exclusion of any other terms.
2.2. Orders are considered offers to purchase under these terms, subject to Seller's acceptance.
2.3. Variations to these Terms and Conditions are only valid if made in writing by the Seller.
2.4. This contract is governed by the law of England and Wales.
2.5. David Willan Quality Foods is registered in the United Kingdom, registration details to be specified.
2.6. Ownership of goods remains with the Seller until full payment is received.
2.7. Prices are subject to change without prior notice.
3.1. Payment must be made in advance via card or BACS, unless a credit arrangement exists.
3.2. First orders require payment in advance without a credit arrangement.
3.3. Goods are not sold on a sale or return basis.
3.4. Goods with marked prices cannot be returned.
3.5. Bulk orders must be re-packed.
3.6. No guarantees are provided on the shelf life of goods.
4.1. Delivery is to the Buyer’s address unless otherwise specified.
4.2. Title of goods passes upon full payment.
4.3. Buyers must make arrangements to accept goods on the delivery date.
4.4. Delivery discrepancies must be reported immediately.
4.5. Claims for shortages or damaged goods must be made within 24 hours of delivery.
4.6. Unjustified returned goods may incur a 20% admin fee.
4.7. A delivery surcharge may apply at the Seller's discretion.
4.8. A cancellation fee applies for cancellations within 24 hours of delivery.
4.9. Substitute products may be offered if original goods are unavailable.
5.1. Payment terms are as agreed or at the time of order if no credit terms exist.
5.2. Various payment methods are available if credit terms are agreed.&
5.3. For non-credit transactions, payment must be made within 3 days of delivery.
5.4. Orders without upfront payment may not be delivered.
5.5. Late payments may incur additional charges.
5.6. Credit applications are subject to approval and checks.
5.7. Credit status may be monitored continuously.&
5.8. Manual payment processing may be required during EDI setup.
6.1. Goods are considered accepted if not rejected within 24 hours of delivery.
6.2. Risk passes to the Buyer upon delivery.
6.3. Acceptance confirms that goods meet quality and contract specifications.
6.4. Natural products may contain impurities; suitability is the Buyer’s responsibility.
7.1. The Seller is not liable for indirect losses following contract breaches.
7.2. Liability is limited to the Price of goods.
7.3. The Buyer indemnifies the Seller against third-party claims under specified conditions.
7.4. Force majeure events may result in contract cancellation or variation.
7.5. Implied warranties are excluded to the fullest extent permitted by law.
8.1. The Seller warrants the quality of the Goods supplied.
9.1. Data protection complies with GDPR.
9.2. Sales data may be shared with third parties for legitimate purposes.
9.3. Call recordings may be used for various purposes including non-payment disputes.
9.4. Buyer data may be shared with suppliers for confirmation of transactions.
9.5. Outstanding balances may lead to personal information being shared with legal representatives.