1. These terms and Conditions of Sale are those which govern the sale of all Nature’s Table Snacks Limited (“Nature’s Table”) goods and products (the goods) exclusively notwithstanding any purported variation contained on any order or other written correspondence submitted to you, the Customer to Nature’s Table unless such variation is expressly agreed to in writing signed by a duly authorised officer of Nature’s Table.
2. All risks whether insurable or otherwise relating to the goods shall, subject to the Reservation of Title clause set forth at condition 6 below, pass to you, the customer upon delivery of the goods to you or to such place or places as you shall direct. Each part delivery or instalment of the goods shall be deemed to be sold under a separate Contract and no default by the Company in respect of any part delivery or instalment thereof shall entitle you, the Customer, to treat the contract as repudiated in regard to any balance or instalment remaining deliverable. Nature’s Table reserves the right to subcontract in fulfilment of any of your order or any part thereof.
3.(a) Payment for the goods shall be made to Nature’s Table by the thirtieth day following date of invoice All sums due to Nature’s Table shall be paid when due without deduction and payment shall not be deferred or postponed by you, the Customer, on account of any claim, counterclaim or setoff.
3.(b) Nature’s Table may in the event of you, the Customer, failing to pay sums due in respect of the goods supplied on or before the due date and all its absolute and sole discretion charge interest calculated at a rate which shall be 5% above the Bank of England Base Rate during the period in respect of which payment for such goods shall be in arrears. Any interest payable here under shall be calculated monthly and added to the amount outstanding from you to us from time to time.
4.(a) A condition precedent to recovery for total or partial loss of, or a shortage (including weight) in, or damage to any goods, or any delay in delivery, or despatch, or in respect of the quality, or condition of any goods supplied by Nature’s Table, every claim must be made by telephone, fax or e-mail to the Company in the first instance immediately on receipt of the goods and confirmed subsequently by letter or e-mail to Nature’s Table so as to reach Nature’s Table within 7 days of delivery of the goods in question. Nature’s Table must be afforded an opportunity to inspect any such goods and to take such samples and perform such tests thereon as they may reasonably be required.
5.(a) Where the goods are damaged or defective for any reason including negligence on the part of Nature’s Table, its servants or agents, Nature’s Table only liability if any, shall be limited to the replacement of the goods.
5.(b) Nature’s Table shall not in any circumstances, whatsoever be liable for any consequential loss incurred by the customer or any other person in respect of the goods supplied here under.
5.( c) Where the goods supplied by Nature’s Table are reprocessed after leaving Nature’s Table’s possession, the Customer shall at all times keep Nature’s Table indemnified against any claims for damages , loss or injury to the third parties.
6.(a) All goods supplied to the Customer shall remain the property of Nature’s Table until the entire purchase price payable thereof has been paid in full by the Customer to Nature’s Table.
6.(b) Notwithstanding the terms of sub clause (a), of this clause in the event of the Customer selling the goods to third parties in the normal course of the Customer’s business (but not otherwise) the Customer shall do so as agent of Nature’s Table and an amount equal in value to the proceeds of any such sale shall be held or dealt with by the Customer upon trust for and on behalf of Nature’s Table until the goods have been paid for in full and the Customer is hereby deemed to have assigned to Nature’s Table, absolutely the benefit of any claim (including but not limited to the right to trace the said goods or proceeds of sale thereof) which the Customer has against any third party arising from such sale.
6.( c) The Customer hereby licences Nature’s Table and its servants and agents to enter onto any premises upon which the goods or any of them may be situated for the purposes of inspecting and taking inventory of any of the said goods and/or for the purposes of repossessing the said goods.
a) Reported such out of date stock within 30 days of the best before date on the pack and sent empty packs back to Nature’s Table head office if numbers are justified and if so requested by Nature’s Table.
b) Previously complied in full with Clause 3 (above) of these Terms & Conditions.
c) Remained a customer of Nature’s Table