Terms & Conditions
1.AVAILABILITY. All goods supplied by the Seller are subject to price fluctuations and stocks remaining unsold.
2.PRICES. The Seller reserves the right to change prices of goods without notice.
3.TERMS
a. The prices quoted are exclusive of Value Added Tax. Payment must be made in full on or before each delivery unless credit terms have been agreed and confirmed in writing by the Seller.
b. Payment terms: Invoices raised by the Seller that relate to orders supplied on agreed credit terms are due within thirty (30) calendar days of the date of each invoice raised by the Seller. However, the Seller reserves the right to allow customers to settle such invoices raised on a net monthly basis as and when the Seller sees fit to allow this to occur.
4.PAYMENT
- Payment can be made by CARD/ONLINE SAGE “PAY NOW” / BACS / DIRECT DEBIT/ STANDING ORDER made payable to MEVALCO FINE FOODS FROM SPAIN LTD (herein after called the Seller).
- It remains the responsibility of the buyer to ensure THAT ANY payments made to the Seller or its representatives are receipted, asking for by the provision of a receipt or that any payments made are acknowledged and signed for as being received upon the delivery note or invoice.
- Orders will not be dispatched whilst any overdue account remains unpaid.
- The Seller reserves the right to apply late payment and interest charges applicable under the Late Payment of Commercial Debts regulations 2002 for any invoices that are not paid to terms.
5.DELIVERY
- PASSING OF RISK: Delay in delivery shall not give rise to any liability upon the Seller or entitle the Buyer to cancel the contract whether or not any time or date is given for delivery. The goods shall be at the Buyer’s risk on any delivery or collection to the Buyer arranged by the Buyer’s carrier.
- DAMAGE IN TRANSIT: When the price of the goods includes the cost of delivery outside the Seller’s premises, the Seller will replace, free of charge, goods lost or damaged in transit, provided the Buyer or consignee shall:
- Give the Seller notice by telephone on the day of delivery, confirmed in writing within three days from the day of delivery, detailing the nature of the loss and damage; and
- Where the goods are delivered by outside carriers comply with such carrier’s conditions of carriage for notification of such claims.
- Return of stock due to fault or condition, can only be accepted if legitimate fault, due to the product or its packaging. Any damage that is judged to have been caused due to negligence by the Buyer will not be accepted for credit.
- The Buyer is required to provide correct information for delivery, the Seller takes no responsibility for the delay or return of stock due to information being incorrect and will apply re-delivery passed on by our carrier.
6.CLAIMS
- DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE except as provided in 5b of the Unfair Contract Terms Act, 1977 (liability for death or personal injury resulting from negligence), the Seller accepts no responsibility in any circumstances for any direct, indirect or consequential loss or damage, howsoever arising, which the Buyer may sustain in connection with goods supplied.
- INDEMNITY: The Buyer shall indemnify the Seller against all claims in respect of any loss, injury or damage sustained by a third party arising from the sale of the goods to the Buyer howsoever caused.
7.TITLE
- Legal title for any goods supplied by the Seller shall be retained by
the Seller until payment in full is received. In the event of non-payment from the Buyer by the invoice due date the Seller shall be entitled to enter any premises where the goods may be and recover possession of same. - Under no circumstances shall legal title of the goods supplied by the Seller pass to the buyer or any other third party until full payment is received by the Seller for the invoice raised that relates to the goods in question.
- Any conditions of contract that the Buyer may purport to impose shall form no part of the contract between the Buyer and the company. Any variation of these terms and conditions of contract must be agreed in writing by a Director of the Seller company and none of the company’s employees or agents has any authority to bind the company by any oral agreement at variance with these terms and conditions of trade.
- In the event of stock being returned to settle any outstanding account, the value of that stock shall be assessed and will only be accepted upon the possible re-sale of that stock, taking into account the original date of purchase, vintage and condition of products returned.
8.NEW ACCOUNTS
- Credit accounts operate at the sole discretion of the Seller and will be opened onlyupon receipt by the Seller of a completed and signed account application form (in the form as prescribed by the Seller) and upon the provision of one bank reference, two trade references and the personal contact details of the owner. The Seller reserves the right to extend credit facilities or withdraw any such credit account at its own discretion and without notice.
- A new business, which cannot supply satisfactory trade or bank references may require a personal guarantee to be completed by the owners of the business when the Buyer is an incorporated entity before credit facilities by the Seller are considered. Such personal guarantees will be in the form as prescribed by the Seller.
9.FORCE MAJEURE. This Seller shall not be liable for the failure to fulfil any terms of any transaction governed by these terms and conditions of trade if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which is not directly within its control.
10.LAW. The contract shall be subject to and interpreted in accordance with the laws of England and Wales.
ORDERS CAN ONLY BE ACCEPTED ON CONDITIONS OF CUSTOMERS AGREEMENT TO THE ABOVE CONDITIONS. To avoid confusion- PLEASE DESTROY ALL PREVIOUS PRICE LISTS. ERRORS AND OMISSIONS EXCEPTED.
PRICES are subject to market fluctuations, exchange rate and Government duty or VAT increases, or goods remaining unsold. Split cases of wine may incur a surcharge and individual pickling charges from our bonded warehouse. PAYMENT TERMS for approved credit accounts are strictly thirty (30) calandar days from the date of any invoice raised otherwise goods will be sold on a cash with order basis, in all cases prices quoted are exclusive of VAT which is additionally charged at the current rate. DELIVERY is free within our defined area of operation upon minimum order values being fulfilled. NATIONAL delivery will incur standard delivery charges unless a minimum full single or mixed pallet quantity has been ordered | PARCELS Minimum order £120.00 (Charges Ex VAT) A £15 surcharge will be applied for orders between £120 – £200 A £10 surcharge will be applied for orders between £200 – £300 Free of charge for orders between £300- £500 Note: high volume products such as churros will incur in an additional charge of £5 per box Glass products and a few selected others cannot be sent by parcel PALLETS (refrigerated/ambient or frozen) Minimum order £600.00 (Charges Ex VAT) A £40 surcharge will be applied for orders between £600 – £800 Free of charge for orders above £800 |