Throughout the following Terms and Conditions:
1.1 “The Vendor” means N&B Foods Exeter.
1.2 “The Customer” means any individual, firm, company or other legal entity that places an order; or buys any products from “The Vendor” and includes the employees, agents, or sub-contractors of any such person, firm, company or legal entity.
1.3 “Food” means any food or beverage.
1.4 “Non-Food” means any goods which are not “Food”.
1.5 “Contract” means a contract between “The Vendor” and the Customer for the sale and purchase of product.
1.6 “Product” means any Food/Non Food agreed in the contract to be supplied by “The Vendor” to the Customer.
1.7 “Terms and Conditions” mean the terms and conditions of sale.
1.8 “Statutory Interest” means statutory interest as defined in the Late Payment of Commercial Debts (Interest) Act 1998.
1.9 “Cash” means monetary consideration UK bank notes and UK bank coins.
1.10 “Cheque” means bank cheque, bank draft, direct debit, standing order.
These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions communicated or implied by custom and practice. The Vendor reserves the right to amend or update the current Terms and Conditions, and provide appropriate notification to the Customer via the company website (www.nbfoodsltd.co.uk).
By placing an order with the Company either via the Vendor’s telesales department or via the customer collections window, the customer is offering a contract with the Vendor on the basis of these Terms & Conditions. The parties are bound only by this Contract when the Vendor agrees to process the order or deliver the Products to the customer – whichever occurs earlier. The Contract is subject to the availability of stock, and products are supplied subject to availability and market conditions. We reserve the right to limit the quantity of goods supplied to any one customer. Abusive and/or threatening behaviour from Customers to the Vendor’s staff will not be tolerated under any circumstances; the vendor reserves the right to refuse to trade with such Customers. The Customer’s last order for telesales is 18.30, to be processed for the next available delivery date. Calls made to the Vendor’s telesales department may be recorded for training purposes. The Vendor reserves the right to refuse the acceptance of an order and/or to terminate any Customer account without explanation or notice. The vendor can refuse entry onto its premises to anyone at any time. Trading and/or parking on the Vendors premises is done entirely at the risk of the Customer and their associates, save for liability for personal injury/death arising from the Vendor’s negligence. Children are only admitted on the Vendors premises on the explicit understanding that they are accompanied by an adult at all times and kept under strict supervision. Animals cannot be admitted – with the notable exception of guide dogs. Smoking is not permitted on the Vendor’s premises.
The Vendor’s minimum order value is £150 excluding VAT. The vendor reserves the right not to deliver an order valued at less than the minimum order value.
Deliveries of Products to the Customer shall be in accordance with the Vendor’s delivery schedule. The Vendor does not guarantee delivery in accordance with the Customers requested timing schedule. The Vendor shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Products by a particular date, or arising as a result of any cause beyond the Vendor’s control. The delivery of Products shall be made by the Vendor to such reasonably accessible premises as the customer shall reasonably require. The Customer will allow the Vendor reasonable access to their premises, and ensure that they, or a responsible person, will be in attendance to accept and sign off the delivery of Products. Goods must be signed for by the customer and countersigned by the Vendor’s delivery driver. Deliveries can only be made to the address specified by the Customer when the account was opened. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether. If the Customer fails to take delivery or fails to give the Vendor adequate delivery instructions at the time stated for delivery then without prejudice to other right or remedy available to the Vendor, the Vendor may do one or more of the following:
i. Charge the Customer the cost of the carriage of the refused delivery both to and from the Customer’s premises in addition to the Vendor’s administration and re-stocking charges (minimum 25% of the invoice value).
ii. Charge the Customer a re-scheduling delivery charge.
Shortages should be recorded at the time of delivery in the presence of the Vendor’s delivery driver; the Customer will sign off the delivery note clearly highlighting the shortages and the Vendor’s driver will countersign the delivery note. Where the Customer is not present at the delivery, any shortages must be notified to the Vendor within 48 hours of the delivery. A £25 administration charge will be made for goods ordered in error by the Customer. Orders delivered in good faith that cannot be left due to account/payment issues, will incur our £25 administration charge. Any goods subsequently returned to the Vendor must be in their original condition and unopened packaging. The Vendor will not tolerate any form of abusive behaviour toward any of its staff; the Vendor reserves the right to refuse to deliver to such a Customer.
All risks in Products pass to the Customer upon delivery. Ownership of the Products delivered to the Customer remains with the Vendor until the Products are paid for in full.
Contract price is the invoice price, any promotional offers are subject to availability, and the prices quoted or shown in any of the Vendor’s promotional output (printed literature, website, social media, and broadcast media) are exclusive of VAT, charged at the current rate where applicable. The Vendor reserves the right to vary or alter product specifications and prices without prior notice. On occasion, the vendor reserves the right to exclude certain customer groups from promotional pricing i.e. Wholesalers, Contractors.
Initially all new accounts are set as COD “Cash/Cheque on Delivery” until a trading pattern can be established (minimum period 3 months). The Customer may apply to the Vendor for a credit account but will continue with the current COD terms pending a decision. In assessing your request for a credit account we may make enquires about your financial history, including searching records held by organisations such as Experian and other credit reference agencies. When you ask for a credit account, you consent to us making these enquiries. We will not share, sell or pass on any of your account information with any other third party other than these credit referencing agencies without your express consent.
The Customer must settle all accounts in accordance with all agreed terms. In the event of a Customer account being in arrears, we reserve the right to withhold further supplies. The Vendor reserves the right to charge statutory interest on overdue balances for the period from the due date of the outstanding balance until cleared payment is received. In the event of any cheques from a Customer to the Vendor, a standard charge of £35 will be levied to cover the cost of cheques that are returned. The Vendor reserves the right to alter these charges without notice. For a Credit Account Customer, any non or late payment will be considered a breach of the agreed terms, and will render Credit terms null and void, and the Customer’s account will be placed on hold. The vendor has the right to start legal proceedings to recover any outstanding amount without prior notice and to exchange information with credit agencies. Maximum Cash Coin payment allowed by one Customer is £60. (Denominations of £2, £1 and 50p will be accepted up £60. Denominations of 20p, 10p, 5p, 2p and 1p will be accepted to the value of £10). WE WILL NOT ACCEPT PERSONAL CHEQUES AS A FORM OF PAYMENT.
Where goods have been incorrectly delivered and notified as such, they will only be credited if in original condition and collected by the Vendor’s driver. Any goods that are not in original condition will not be credited and will be disposed of. Any non stocked Product ordered specifically for a Customer cannot be returned, unless that Product is deemed defective or not fit for purpose.