By completing our online application for credit you have agreed to having read and understood the following terms and conditions
The following conditions will apply to all transactions except where specifically agreed otherwise, in writing, between the customer and Sail Brand Limited.
Definitions
In these terms and conditions:
"The company" means Sail Brand Limited.
"The customer" means any person or company placing an order or buying any product from Sail Brand Limited.
"Product" means any product or food supplied by the company.
Contract and Orders
The term "contract" means an offer or an order placed verbally or written either in person, by telephone, by post or by fax. By placing an order with the company the customer is offering to contract with the company on the basis of these terms and conditions.
Prices
Prices shall be those quoted and accepted at the time of placing the contract except where an estimated price is given which may result in an increase or decrease in price. All prices quoted include VAT where applicable.
The company reserves the right to vary prices at any time. Prices shown in the companies price list will be applicable on the date of publication but may vary at a later date. Any current price list replaces all previous price lists.
Minimum order value is £50. The company reserves the right to charge a delivery fee of £10 or withhold delivery on any order below the minimum level. The company retains the right to alter the charge and the minimum order value without prior notice.
Terms of Payment
Payment will be made in accordance with the terms agreed and specified at the commencement of trading with the company. These are normally:
Cash On Delivery (C.O.D.); Initially before credit terms are agreed.
Monthly; Where credit is agreed payment must be made within 15 days from the end of the month in which the invoice was raised. Payment must be made without deductions.
The company reserves the right to cease delivery, without prior notice, where terms are not fully adhered to.
Credit allowed to the customer may be changed or withdrawn by the company at any time. if in the opinion of the company the credit worthiness of the customer shall have deteriorated prior to the delivery then full or partial payment may be required. Credit will be withdrawn and payment become due immediately where the customer ceases to trade with the company.
Any fees or legal charges which are incurred in the collection of overdue accounts will be charged to and payable by the customer. The company reserves the right to charge interest on overdue payments from the date they became due under the terms of the contract up to an annual rate of not more than 5% above the companies bankers base rate which is in force at the time.
In the event of any cheques, standing order or direct debits due from the customer to the company being dishonoured a charge of £40 will be made to the customers account to cover administrative costs. The company retain the right to alter this charge without prior notice.
Without prejudice the company reserves the right to cancel any contract or suspend delivery where invoices have not been paid in accordance with the agreed terms.
Delivery / Acceptance of Product
Unless a date is specified the product will be despatched by the company as soon as possible.
Delivery will be deemed to have taken place upon the physical delivery of the product by, or on behalf of the company to the customers designated point of delivery.
Each delivery will be accompanied by an invoice which will act as the delivery note. Unless otherwise requested in writing no other proof of delivery will be made. Where terms have not been agreed the delivery will be on a C.O.D. basis, the customer will be given a receipt signed by the companies representative making the delivery, for all monies received.
The customer or their representative will be responsible for checking all orders upon receipt for both quality and quantity. Any discrepancies regarding delivery must be notified to the company immediately and no later than 12 hours after delivery. Product should not be returned to the company without prior approval. Where product is returned a return note signed by the person accepting the return on behalf of the company will be issued. Credit notes will not be raised unless a copy of the return note is available.
The customer will allow the company reasonable access to the delivery premises and will use their best endeavours to ensure a responsible representative is present to receive the product. If a responsible representative is not present at the time of delivery the customer consents to the company leaving the product at or adjacent to what appear to be the customers nominated premises. When products are left at the premises in this manner risk passes to the customer and the company shall accept no liability in respect of the products.
Force Majeure
The liability of the company for failure to comply with agreed delivery dates will, except where affected by acts of god, war, strikes, fire, closure of roads leaving no alternative routes, loss of telecommunications or computer systems, be limited to the actual loss incurred but not exceeding the value of the goods within the contract.
The company retains the right to cancel the contract defer the delivery date or reduce the volume of product ordered by the customer without liability to the customer if the company is prevented or delayed in carrying out it’s responsibilities under the contract due to circumstances beyond it's control.
Retention of Title and Claims
The property of any goods sold or supplied by the company shall not pass to the buyer until the customer has paid the whole price of the goods delivered and all monies due in respect of other goods previously supplied. Title of such goods will not pass to a third party without prior written consent of the company.