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General Terms and Conditions – Westmore Fine Foods
1. Scope and Applicability
- These General Terms and Conditions apply to all offers, designated offers, order confirmations, agreements, and deliveries of Westmore Fine Foods, as well as all related acts, both of a preparatory and of an executive nature.
- Deviations from these conditions are only valid if explicitly agreed upon in writing by Westmore Fine Foods.
2. Designated Offers and Agreements
- All offers or designated offers of Westmore Fine Foods are non-binding unless explicitly stated otherwise in writing.
- The content of all price lists, brochures, and other data provided with an offer or designated offer has been stated as accurately as possible. These data are only binding for Westmore Fine Foods if confirmed explicitly in writing by Westmore Fine Foods.
- Designated offers are based on the data provided by the customer at the time of application.
- If the prices and/or rates of the suppliers of Westmore Fine Foods undergo an increase between the date of conclusion of the agreement and the date of delivery, Westmore Fine Foods is authorised to modify the price accordingly.
3. Delivery and Receipt
- Unless stated otherwise in writing in the designated offer or agreement, delivery takes place by making available of the products to the customer at the address or location agreed with Westmore Fine Foods.
- The customer is obliged to cooperate with the delivery and take the delivered goods into receipt.
- As moment in time of delivery applies the moment on which the ordered products have been taken into receipt.
- Receipt shall be deemed refused if ordered products have been offered for delivery, but delivery for whichever reason proved impossible. In that case, the day of refusal applies as the day of delivery, and the customer is in default by law.
- Stated delivery times shall never be regarded as a fatal term unless explicitly agreed otherwise in writing. Customer must offer Westmore Fine Foods a reasonable additional term for delivery.
4. Payment and Retention of Title
- Payment must take place within 10 days after the date of the invoice (unless otherwise agreed in writing), failing which the customer shall be in default by law without any further notice of default required.
- From the moment the customer is in default until full payment, he is liable to pay to Westmore Fine Foods a delay interest of 1% per month (or part thereof).
- Payments of the customer to Westmore Fine Foods shall each time serve to pay due interest and/or costs and subsequently the oldest outstanding invoices.
- All delivered goods remain the property of Westmore Fine Foods until the customer has fulfilled all obligations arising from the agreement.
5. Force Majeure
- If Westmore Fine Foods by Force Majeure of a permanent or temporary nature is hindered from executing the agreement, Westmore Fine Foods is authorised to suspend or dissolve the agreement in whole or in part by written notification, without obligation to pay compensation.
- Under Force Majeure are included all circumstances beyond the control of Westmore Fine Foods, such as (but not limited to) work strikes at Westmore Fine Foods or its suppliers, transport problems, fire, and government measures.
6. Conformity and Inspection
- Westmore Fine Foods strives for the highest possible quality of the products delivered by it.
- Customer must examine the delivered goods directly after delivery.
- Visible shortfalls or damage present at delivery must be stated by the customer on the delivery slip, invoice, or transport documents, in the absence of which the customer shall be deemed to have approved the delivery.
7. Liability
- Westmore Fine Foods is only liable for direct damage resulting from wilful intent or gross negligence on the side of Westmore Fine Foods.
- Liability for direct damage is limited at all times to the selling price of the products of the concerned order delivered.
- Westmore Fine Foods is never liable for indirect damage, including consequential damage, loss of profit, missed savings, or enterprise stagnation.
8. Contact For questions regarding these General Terms and Conditions, please contact us at admin@westmorewholesale.co.uk.