Terms and Conditions
1 Interpretation
1.1 In these Conditions:
"Buyer" the person, firm or company who purchases the Goods from the Seller;
"Contract" means the contract for the purchase and sale of the Goods, incorporating these conditions; "Goods" means any goods agreed in the Contract to be supplied to the Buyer by the Seller; "Seller" means Abraham Natural Products Ltd (company number 5895995), registered office West End Farm, 24 Compton Rd, South Petherton, Somerset, TA13 5EN, UK. "Writing" includes telex, cable, facsimile transmission, email and comparable means of communication.
1.1.1 Headings are for convenience only and shall not affect the interpretation.
1.1.2 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.1.3 References to the one gender include the other genders and to the singular include the plural and vice versa as the context admits or requires.
2 Basis of the sale
2.1 Subject to any variation appended under condition 2.4 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply or implied by trade custom or practice or course of dealing).
2.2 Any quotation may be withdrawn or revised by Seller at any time prior to the Seller's acceptance of the Buyer's order. Any quotation is valid for a period of 30 days only from its date, provided that the Seller has not previously withdrawn it.
2.3 No variation to these Conditions shall be binding unless agreed in Writing by the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller not set out in the Contract.
3 Orders and Specifications
3.1 Each order or acceptance of a quotation by the Buyer shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
3.2 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller's authorised representative or (if earlier) the Seller delivers the Goods to the Buyer.
3.3 The Buyer shall ensure that the terms of its order (including any applicable specification) are complete and accurate and that it has given the Seller all necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.4 The quantity and description of the Goods shall be as set out in the Seller's quotation.
3.5 All samples, drawings, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They will not form part of this Contract and this is not a sale by sample.
3.6 The Seller reserves the right to make such changes to the specification of the Goods as are necessary to conform to applicable health, safety and other statutory or regulatory requirements or to reflect changes made by the manufacturer of the Goods or any parts thereof.
4 Price of the Goods
4.1 Unless otherwise agreed by the Seller in writing, the price of the Goods shall be the price set out in the Seller's quotation or, where no price has been quoted, the price listed in the Seller's published price list current at the date of acceptance of the order. Where the Goods are supplied for export from the United Kingdom, the Seller's published export price list shall apply.
4.2 The Seller reserves the right to increase the price of the Goods to reflect any increase in the cost to the Seller due to any of the following:
4.2.1 any factor beyond the reasonable control of the Seller (including, without limitation, foreign exchange fluctuation, alteration of duties, increase in labour, materials or other costs);
4.2.2 any change in delivery dates, quantities or specifications requested by the Buyer.
4.2.3 any delay caused by the inaccuracy or inadequacy of any instructions or information given by the Buyer.
4.3 The price is exclusive of any applicable value added tax and any other taxes and duties payable by the Buyer which shall be added to the price.
5 Terms of Payment
5.1 Full payment is made at time of order placement.
6 Delivery
6.1 Any dates quoted for delivery of the goods are approximate only. If no dates are specified, delivery shall be within a reasonable period of time. The seller will not incur any liability by reason or failure to deliver on any particular date or dates.
6.2 The seller may deliver to the buyer a quantity of goods up to 5% more or less than the quantity accepted by the seller and the buyer shall not be entitled to object or reject the goods.
7 Risk and property
7.1 Risk in the Goods shall not pass to the Buyer on delivery.
7.2 Ownership of the Goods shall not pass to the Buyer until the Seller has received cleared funds payment in full of the price of the goods.
8 Quality
8.1 The Seller warrants that, upon delivery, the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and conform to the requirements of the Food Safety Act 1990 and all statutory requirements or regulations relating to the sale of food currently in force in the United Kingdom.
8.2 Save as set out in these Conditions, all other warranties, conditions and other terms Implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3 The Seller shall not be liable for any defects in the Goods unless notice of such defect is given verbally to the Seller on the day of receipt of the Goods in view of the perishable nature of the products.
8.4 Subject to condition 8.3, if any of the Goods do not conform with the warranty in condition 8.1 the Seller shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata contract rate.
8.5 If the Seller complies with condition 8.4 it shall have no further liability for a breach of the warranty in condition 8.1 in respect of such Goods.
9 Liability
9.1 Nothing in these Conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
10 General
10.1 The Contract shall be governed by the laws of England and Wales.
