1. Application and entire agreement
These Terms and Conditions will apply to the purchase of the goods detailed in our quotation sold by Gourmeat LTD, a company registered in England and Wales under number 9881540, whose registered office is at 1 College Yard, 56 Winchester Avenue,NW6 7UA London, United Kingdom.
These Terms and Conditions will be deemed accepted by you , from the date of any order (it will Constitute the entire agreement between us and you.
These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods and services between us and you.
As “business day” means any day other than a Saturday, Sunday or bank holiday.
The headings in These Terms and Conditions are for convenience only and will not affect their interpretation.
The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that You trust any statement,promise or other representations about the Goods by us.
Descriptions of the Goods set out in our sales documentation are intended as a guide only.
We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
The price of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing. All quoted rates are in GBP and exclude VAT.
If the cost of the Goods to us Increases due to any factor such as material costs, labor costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
Any increase of the Price under the clause above , will only take place after we have told you about it.
You may be entitled to discounts. Any and all discounts will be at our discretion.
The Price is exclusive of fees for packaging and transportation/delivery.
The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
We will invoice you before the delivery that is before each purchase.
When we send invoice, you must provide the payment.
At time of order you will pay 50% in advance and the other 50% before the delivery.
All delivery costs must be paid in full before departure.
If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time on the amount outstanding until you pay in full.
Time for payment will be of the essence of the Contract between us and you.
All payments must be made in British Pounds unless otherwise agreed in writing between us.
We will arrange the delivery of the Goods to the address specified in the quotation,or to another location we agree in writing.
If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 9 am to 6 pm (saturday and sunday excluded).
If you do not accept the delivery of the Goods ,we can , at our discretion and without prejudice to any other rights:
a. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and/or
b. Make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
c. After 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
If redelivery is not possible as in set out above, you must collect the Goods from our premises and will be Notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or of your failure to provide us with adeguate delivery instructions or any other instructions that are relevant to the supply of the Goods.
We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect will not entitle you to cancel any other instalment.
7. Inspection and acceptance of Goods
You must inspect the Goods on delivery or collection.
If you identify any damages or shortages, you must inform us in writing within the first day of delivery, providing details and photos.
Acceptance of the Goods will be deemed 24h after delivery and cannot be no longer contested
8. Risk and title
The risk in the Goods will pass to you on completion of delivery.
Title to the Goods will not pass to you until we have received payment in full.
As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
We can terminate the sale of Goods under the Contract where: you commit a material breach of your obligations under these Terms and Conditions;
10. Limitation of liability
Our liability under the Contract, and in breach of statutory duty, misrepresentation or otherwise will be limited to this clause.
Our total liability will not, in any circumstances, exceed the total amount of the Price payable by the client.
We will not be (whether caused by our employees or otherwise) in connection with the Goods, for:
– any indirect, special or consequential loss, damage, costs, or expenses;
– any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims;
– any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control;
– any losses caused directly or indirectly by any failure or breach by you in relation to your obligations;
– any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officers of that part).
Notices will be deemed to nave been duly given:
a. When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. When sent, if transmitted by email and a successful transmission report or return receipt is generated;
c. On the fifth business day following the mailing, if mailed by national ordinary mail or
d. On the tenth business day following the mailing, if mailed by airmail.
All notices under these Terms and Conditions must be addressed to the most recent address, email address notified to the other party.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder these Terms and Conditions (which will remain valid and enforceable).
13. Law and jurisdiction
These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English Courts.