TERMS AND CONDITIONS OF SALE GENERAL STATEMENT
In these conditions:- “The Seller” means Northgate Foods Ltd. “The Buyer” means the person, firm or corporation purchasing the goods. “The Goods” means the goods, which shall be the subject of the contract between the Seller and the Buyer. “Delivery” means the time of delivery to the buyer or the issue of a delivery order to the Buyer.
1.GOVERNING CONDITIONS– these conditions alone shall govern the contract between the Seller and the Buyer and no other terms, which may appear on any document issued by the Buyer shall bind the Seller unless expressly agreed in writing by the Seller.
2. DELIVERY– the Seller shall make every effort to maintain specified dates of delivery but the Seller shall not in any circumstances be liable for failure to deliver by a specified delivery date, nor for any damage or loss arising directly or indirectly out of delay in delivery or as a result of non-delivery where there is a delay in dispatch, delivery or completion from any cause whatsoever beyond the Seller’s reasonable control or as a result of industrial action. Where the Seller delivers less then the quantity ordered the Buyer shall not reject the goods on delivery on the grounds of shortfall alone but shall pay the contract price and shall report any shortfall to the Seller at the time of delivery. Where the Buyer refuses or fails to take delivery of the goods then the Seller may at its option stand by the contract and shall be entitled at its option to suspend deliveries until the Buyer agrees in writing to take delivery and the Buyer shall in addition to the purchase price pay to the Seller all additional expenses incurred by the Seller as a result of the delay including storage and until deliveries are resumed the goods the subject of the contract shall be stored at the cost and risk of the Buyer.
3. WARRANTIES AND CONDITIONS– the Seller warrants to the Buyer that the goods supplied are of the nature, substance, quality and quantity described and that they conform in every respect with the requirements of the Foods Acts and all statutory regulations and provisions applicable to such goods. The statutory rights of a person dealing as a consumer in a retail transaction are not affected by any statements made under the above Conditions concerning the rights and obligations accepted by the customer in relation to those goods.
4. COMPLAINTS-the Buyer shall be under an obligation to examine and inspect the goods upon delivery for correct weight, defects to and/or loss or damage to the same. The Buyer shall report to the Seller any apparent short weight, defects and/or loss or damage to any goods comprising bacon provisions, fresh, frozen or chilled meat, smoked, fresh, live and frozen fish and shellfish at the time of delivery, in the event of non-compliance with this requirement the seller shall not be liable in any circumstances under Contract tort or otherwise in respect of any short weight, defect and/or consequential loss arising therefrom. No claim may be made by the Buyer in respect of any defect and/or loss or damage to any goods supplied unless the Buyer has held the goods in respect of which the defect, loss or damage is alleged ready and available for inspection by the seller and for disposal confirmation or instructions from the Seller for a period of forty eight hours from the date of delivery at an address to be notified by the Buyer to the Seller within twenty four hours of delivery. In the event of any alleged defective goods apparently requiring destruction due to their condition at the time of delivery the Buyer shall offer the Seller the right of inspection of those goods prior to destruction. The Buyer shall then submit to the seller within seven days of destruction the official Condemnation Certificates showing the brand, product, description, packers name and factory code stamped on the label or on the outer container or embossed on the can or pack. Production of a Condemnation Certificate without prior right of inspection shall not give an automatic right to claim. The Seller’s liability in respect of any defective goods or for any loss (including consequential loss) injury or damage attributable thereto and howsoever caused is limited at the Seller’s option either to the contract price of the goods or to making goods by replacement with equivalent goods. If an allowance has been made in lieu of defectiveness no further claim for defectives shall be allowed.
5. TITLE– the goods supplied are at the Buyer’s risk from the time of delivery to the Buyer. Title to all goods supplied by the Seller to the Buyer remains in the ownership of the Seller until payment in full has been made and the Buyer acknowledges that until such payment has been made it is in possession of goods solely as Bailee for the seller and as such the buyer shall endeavour to keep the goods separate and identifiable from all other goods of the Buyer at the Buyer’s premises or wheresoever stored to the Buyer’s order. If the Buyer sells goods belonging to the Seller any proceeds of sale are to be held by the Buyer upon trust for the Seller to be identifiable at all times as monies of the Seller and shall not be mingled with monies of the Buyer or paid into an overdrawn bank account of the Buyer. The Buyer shall if requested by the Seller assign to the Seller all rights against any person to whom such goods have been supplied but in respect of which payment has not been made to the Buyer.