Our Terms and Conditions of Sale
- In these Terms and Conditions:
‘The Supplier’ means Thor Foods Limited, Company number 01755559, registered at Whortleberry House, Hough Road Frieston, Grantham, Lincolnshire. NG32 3BY. Its subsidiary companies associated companies and holding company.
‘The Purchaser’ means any person, firm, company or other legal entity which places an order, buys any products from the Supplier and includes, agents or sub-contractors of any such person, firm, company or other legal entity, or accepts a quotation from the Supplier for the sale of goods or whose order for goods is accepted by the Supplier.
‘Goods’ mean any food goods or Goods which the company is to supply in accordance with these Conditions.
‘Contract’ means any contract for the purchase and sale of goods, included but not limited to, these Terms and Conditions.
‘Conditions’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Purchaser and the Supplier.
‘Writing’ includes facsimile transmission, electronic mail, letters sent by registered mail or other means of communication.
- Any reference in these Conditions to any provision of statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Terms and Conditions
These terms and conditions shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions verbally communicated or implied by custom or practice. The Company reserves the right to amend or update the current terms and conditions. Any such changes will take effect when posted on the Company`s website.
3. Placing an Order
- The Contract is subject to availability of the Goods and market conditions. In the event of non- availability of any Goods ordered, we will not offer a substitute. The Supplier will refund the amount the Purchaser has been charged for that unavailable item.
- The Supplier may limit the quantities of Goods supplied to any one Purchaser.
- The Supplier reserves the right to refuse acceptance of an order and/or terminate any Purchaser’s order without explanation or notice.
- The quantity, quality and description of any Goods shall be those set out in the Supplier’s quotation (if accepted by the Purchaser) or the Purchaser’s order (if accepted by the Supplier).
- The parties are bound by the Contract only when the Supplier accepts the order (subject to availability of Goods).
- Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
- The Supplier may set a minimum order value for deliveries. The Supplier reserves the right not to deliver an order which is valued at less than the published minimum order value.
- The Company’s employees are authorised to make representations concerning Goods subject to confirmation by the Company in writing. In entering the Contract, the Customer acknowledges that it does not rely on and waives any claim for breach of, any such representations which are not so confirmed in writing by the Company.
- The Purchaser is responsible for ensuring an order for Goods is received by the Supplier. The Supplier shall not be liable for the Purchaser not placing an order due to the Purchaser not being contacted, a system failure or any other reason.
- Deliveries of Goods for the Purchaser shall be in accordance with the Supplier’s delivery schedule.
- The Purchaser must ensure that someone is available to accept delivery.
- The Supplier will not always guarantee delivery in accordance with the Purchaser’s requested timing schedule.
- The Supplier shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Goods by a particular date or arising as a result of any causes beyond the Supplier’s control.
- The delivery of Goods shall be made by the Supplier, their agents or sub-contractors, to such reasonably accessible premises as the Purchaser shall reasonably require. The address will be that address specified by the Purchaser when the order was placed, unless specified in writing. The Supplier reserves the right to refuse to make deliveries to a Purchaser’s premises where there is a risk of injury to the Supplier’s employees, agents or sub-contractors.
- The Company reserves the right to restrict deliveries to certain areas and this includes the right to eliminate certain areas from the Supplier’s delivery schedule altogether.
- The Purchaser shall allow the Supplier reasonable access to such premises and shall use its best endeavours to ensure that a responsible person shall be at the place of delivery, to sign off the receipt of the Goods.
- If the Purchaser fails to take delivery of Goods for any reason or fails to give the Supplier adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Purchaser’s reasonable control or by reason of the Supplier’s fault), then without prejudice to any other rights or remedy available to the Supplier, the Supplier may:
- Charge the Purchaser the cost of delivery to and from the premises of the Purchaser.
- Charge the full cost price for the perishable Goods to the Purchaser.
- Charge the Purchaser for the re-scheduled delivery of the Goods.
- Deliveries must be checked at the time of delivery in the presence of the Supplier’s driver or subcontractor. The Purchaser must advise the driver of the shortages and the driver will amend the delivery note/invoice. The Purchaser will sign the delivery note/invoice as confirmation of the receipt of the Goods whilst highlighting any shortages.
- If the Supplier fails to deliver Goods for any reason other than any cause beyond the Supplier’s control of the Purchaser’s fault, and the Supplier is accordingly liable to the Purchaser, the Supplier’s liability shall be limited to the cost paid by the Purchaser for the goods.
- The Supplier may, at its discretion, issue a credit note to the Purchaser when the Supplier deems it to be necessary.
- At delivery of Goods, damages, shortages, or other mistakes must be notified within 24 hours by the Purchaser to the supplier where reasonably practicable.
- The price of Goods shall be the price provided on the Supplier’s invoice.
- Any offers and promotions are subject to availability. The Supplier, at its discretion, may exclude Purchaser Groups from offer and promotions (e.g. wholesalers, contractors, intermediaries etc.)
- The Supplier reserves the right to vary or alter product specification and price without prior notice.
- As from the end of the transition period from the exit of the United Kingdom from the European Union, even in case of a deal between the United Kingdom and the European Union (“Brexit”), the following clause will apply. In the event that Brexit may lead to additional costs for the Seller (for example, without being limited, duties, taxes and trade tariffs) or additional waiting periods (for example, without being limited, clearance) or any other adverse impact on the Seller’s operations or logistics, the Seller reserves the right to review and amend the conditions mentioned in the price offer without any sanctions or liability.
6. Risk and Property
- All risks of damage to, or loss of the Goods (or any other losses), shall pass to the Purchaser at the time of the delivery to the Purchaser’s delivery address.
- Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the conditions, the property in the Goods shall not pass to the Purchaser until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Supplier to the Purchaser for which payment is then due.
- Until such time as the property in the Goods passes to the Purchaser (and provided the Goods are still in existence and have not been resold) the Supplier shall be entitled at any time to require the Purchaser to deliver up the Goods to the Supplier and if the Purchaser fails to do so forthwith to enter upon any of the premises of the Purchaser or any third party where the Goods are stored and repossess the Goods.
- The Supplier warrants that all Goods will correspond in all material respects at the time of delivery to the Purchaser’s delivery address and will be free from defects in condition until the expiry of the shelf life of the Goods, which date will be advised on the Goods or its packaging.
- The Supplier warrants that all Goods which consist of food, shall comply with the Food Safety Act 1990 (as amended) and shall comply with all relevant UK and EU legislation from time to time in force.
- The Supplier shall not be liable to the Customer or be deemed to be in breach of this Contract by any reason of delay in performing, or failure to perform any of the Supplier’s obligations in relation to the Goods, if any delay or failure was due to any cause beyond the Supplier’s control.
8. Terms of Payment
- The Supplier will take payment from the Purchaser via its secure payment system within 30 days of receipt of supply unless otherwise indicated. In the event that the Supplier is unable to supply goods, the Purchaser will be informed as soon as is reasonably possible. A refund will be given if the Purchaser has already paid for the goods.
- The Supplier may undertake appropriate payment security checks during the order process via third party databases. By placing an order and thus accepting these terms and conditions the Purchaser consents to such checks being made. In performing these checks personal information provided by the Purchaser may be disclosed to a third party which may keep a record of that information. This will only be done securely, and any data processing will be undertaken strictly in accordance with the Data Protection Act 2018.
- Title to any products that are ordered from the Supplier shall pass to the Purchaser on delivery of the products provided that the Supplier has received payment in full for the products. Until such time that title passes, the Goods shall be identified as the property of the Supplier and stored separately from Goods owned by the Purchaser and must be properly insured.
- All prices are shown in GBP sterling (£) including VAT where applicable (unless you select ex VAT in which case VAT exclusive price will be shown). Delivery charges are indicated separately in the calculation of any order.
- All new orders, unless agreed otherwise, are payment within 30 days of receipt of goods unless stated otherwise.
- The Supplier may accept payment by cheque, CHAPS or BACS bank transfer. The Supplier reserves the right to terminate the Contract if it is refused authority for payment or reasonably believe that payment will be refused at any stage. In the event of the payment due to the Supplier being dishonoured further orders will not be accepted until cleared funds are received in full to settle the outstanding amount recharged by the clearing bank and the Supplier reserves the right to invoke a charge.
9. Online Security
The Supplier accepts no liability for direct, special, indirect or consequential damages arising from accessing its website or online payment system.
- The Supplier will not tolerate any abusive behaviour from the Customer to any of the Supplier’s staff and reserves the right to not sell or deliver to such Customer(s).
- Telephone calls may be recorded for training or reference purposes.
- The Supplier can refuse entry to the Supplier’s properties at any time at its sole discretion.
- Entry or parking at the Supplier’s premises must be as directed by the Supplier and is done entirely at the risk of the Purchaser, any other such person. Children are not permitted on site.
- Smoking is not permitted on the Supplier’s premises.
- Animals are not permitted on the Supplier’s premises, save for guide or assistance dogs.