Terms and Conditions

Customer Sales Accounts

1. Contracts

   1. These conditions shall be incorporated in all contracts for the goods by the Company to the exclusion of any terms or conditions referred to by the customer and the customers orders shall be treated as offers to purchase the goods in accordance with these conditions. Acceptance of delivery of the goods shall in any event be evidence of the customer’s acceptance of these conditions.
   2. These conditions shall be incorporated in all contracts for the goods by the Company to the exclusion of any terms or conditions referred to by the customer and the customers orders shall be treated as offers to purchase the goods in accordance with these conditions. Acceptance of delivery of the goods shall in any event be evidence of the customer’s acceptance of these conditions.

2. Prices

   1. Prices charged for goods supplied shall be at the rate agreed between the Company and the customer, and the Company reserves the right to increase the price at any one time.
   2. The prices charged and the VAT rates which may be applied in addition will be those ruling at the time of despatch.

3. Payment

   1. In case of late payment, without prejudice to any other rights of the company, interest shall be payable on any overdue amount from the day on which payment was due to that on which it is made (whether before or after judgement) on a daily basis at the rate of 3 points over the base rate from time to time quoted by Lloyds Bank Plc plus any cost and charges, including any legal fees and the Company administration expenses, incurred by the Company in collecting payment.
   2. The company shall be entitled by giving written notice to the customer at any time to require the customer to tender the price of the goods in a manner satisfactory to the customer and to refrain from delivering the goods until the price has been so tendered.
   3. All goods remain the property of Wrights Pies (Shelton) Ltd until full payment is received.

4. Delivery

   1. Goods shall be delivered and risk in them shall pass to the customer when they are made available at the Company’s premises or (if transported by the Company’s own vehicles) the point at which the goods are actually made available to the customer.
   2. Any times quoted for delivery are subject to the supply of any delivery or other instructions required from the customer. The Company shall endeavour to meet such delivery times but shall not be liable for any loss. Damage or expense whatever kind arising from any delay or failure in delivery.
   3. The Company’s delivery note shall be conclusive evidence as to the temperature or other matter therein referred to relating to the goods at the time delivery is taken by the customer.

5. Inspection and safety

   1. Goods must be inspected by the customer on delivery.
   2. Any discrepancy in any goods must be notified in writing to the Company within 2 working days following the date of delivery, The Company, if it is satisfied that the goods do not comply with the contract by reason of any discrepancy which existed at the time of delivery, shall, within reasonable period at replace at the original point of delivery or, at its option, allow the customer credit for the value of the goods in which the discrepancy exists. Goods in respect of which the Company has not received notification of any discrepancy in accordance with this condition shall be deemed to have been accepted by the customer in conformity with the contract.
   3. After delivery, the customer shall:
      1. be responsible for ensuring that the requirements of all laws, statutes, orders, regulations, bye-laws, codes of practice and standards relating to the goods from time to time in force (“the Safety Requirements”) and all recommendations from time to time published by the Company shall have been complied with by persons (including the Company) to whom they apply, and
      2. indemnify the Company against any claim in respect of any loss, damage, personal injury (including death) or other liability whatsoever made against the Company and any costs and expenses in connection therewith which may have arisen from any failure by the customer to comply with Safety Requirements whether negligent or otherwise, provided that this indemnity shall not apply to any claim which is proved by the customer to have resulted solely from failure by the Company before delivery to observe or perform any of the Safety Requirements on its part to be observed or performed in connection with goods.

6. Extent of liability

   1. These conditions state the total liability of the Company in connection with any goods supplied by it whether arising in contract, tort (including negligence) or otherwise howsoever, except only to the extent that, by statute, such liability may not be excluded and in particular the Company does not exclude liability for personal injury (including death) resulting from its negligence.
   2. In no circumstances shall the Company have any liability for any indirect or consequential loss suffered by the customer in connection with any goods including but not limited to wasted time or expenditure, loss of profit, revenue or goodwill
   3. The Company’s liability in connection with any goods shall in no circumstances exceed the price payable for them.
   4. Nothing in these conditions in any way diminishes or affects any statutory rights available to a customer who is a consumer

7. Force majeure

   1. The Company shall not be liable for any delay or other failure to perform the whole or any part of the contract resulting from any cause whatsoever beyond the Company’s control existing at the date of the order or at any time thereafter including but not limited to fire, explosion, break-down or failure of plant pr machinery, strike, lock-out or labour dispute, illness, epidemic or restriction of any public authority.

8. Termination and suspension

   1. If the customer fails to make any payment when and as due or otherwise defaults in any of its obligations under the contract or any other agreement with the Company or becomes insolvent or bankrupt or the Company bona fide believes that any of the foregoing matters may occur, then in such event, the Company, without prejudice to any other remedy may at its discretion, by giving the customer written notice at any time, forthwith terminate or suspend its performance of such contract, without any liability to the customer.

9. Cancellation

   1. The acceptance of any cancellation requested by the customer shall be at the customer’s discretion and take effect only when written confirmation of such acceptance has been given by the Company which reserves the right to charge for any costs or expense which incurs in connection with any such cancellation.

10. Law and jurisdiction

    1. The contract shall be governed by English law and the customer consents to the jurisdiction of the English courts in all matters Connected with the contract.
    2. Registered Office; Campbell Road Stoke-on-Trent ST4 4RP Registered in England No 526954