Website Terms and Conditions
Food Store International is a limited company registered in England & Wales under number: 03571906
Registered address: 61 Charlotte Street, St Pauls Square, Birmingham, West Midlands, B3 1PX
By accessing the website you accept and agree the following terms:-
Food Store has compiled this website and they accept no responsibility for any loss or damage of whatever nature arising in any way out of the use of, or inability to use, this website or from any error or omission in information contained in this website. Food Store reserve the absolute right to alter, suspend or discontinue any aspect of this website or the services provided through it, including your access to it.
Copyright and other intellectual property rights in the content of this website, including any Food Store marks, logos and brands contained in the website, belong to Food Store or its licensor(s) – who have expressly licensed content to Food Store.
None of the content or materials available from this website, whether permission is granted for downloading and/or circulation or otherwise, may be used for commercial exploitation. You are permitted to download and store (on a temporary basis) any of the contents of the website provide that it is solely to view such contents. You are forbidden from permanently copying, storing or in any way redistributing the contents of this website except for content made specifically for download, such as fact sheets. Such content may be downloaded only for your personal use. The access, downloading and/or use by any person of anything available from this website is entirely at the user’s own risk.
Any links to other websites have been included for convenience only and Food Store accept no responsibility or liability for the contents of, or any loss or damage caused or alleged to be caused by or in connection with use or reliance on the content of any linked website. The inclusion of any link does not imply endorsement by Food Store of any linked website or its provider.
Whilst every care is taken to ensure that the information displayed on this website is correct, no warranty or representation is given to its quality, accuracy, fitness for purpose, usefulness or completeness. In particular the materials on this website do not give specific legal advice and should not be relied upon as doing so. In particular, users should be aware that laws and regulations might be different outside England & Wales.
You agree to indemnify and hold Food Store, and any of its officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from misuse of or conduct on, this website and/or breach of these terms.
Terms and Conditions of Trade
Supplier – Food Store International Ltd, Unit B Dunton Park, Kingsbury Road, Curdworth, Sutton Coldfield, B76 9EB England “Food Store International Ltd”
- Conditions: the terms and conditions set out in this document;
- Contract: an accepted Order between the Customer and the Supplier;
- Goods: the goods (or any part of them) as set out in the Order;
- Order: the Customer’s order for the Goods, as set out in any correspondence between the Supplier and the Customer , including but not limited to a purchase order form, the Customer’s written acceptance of the Supplier’s quotation, or overleaf, as the case may be.
Ordering of Products
- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealings. The Customer acknowledges it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the accepted Contract. The Order from the Customer constitutes an offer to purchase the Goods in accordance with these conditions; it is the Customers responsibility to ensure the terms of the Order are complete and accurate.
- The Supplier shall only be deemed to have accepted the Order through written acceptance, which for the avoidance of doubt shall include email.
- The Supplier reserves the right to refuse any Order (in particular if the Customer is not complying with the Supplier’s payment terms, or if the Customer’s debt is in excess of its credit limit). The Supplier shall not be required to provide any reason to the Customer for its refusal.
- Where an Order is placed with the Supplier based upon catalogues, images or descriptions, these shall not constitute an offer, and are for illustration purposes only and do not form part of the Contract.
- Delivery of the Goods shall be completed as per the INCOTERMS stated within the Contract and agreed in writing by both Parties. All risk of the goods shall pass to the Customer upon delivery.
- Any dates quoted for delivery are approximate only and the time of delivery is not of the essence.
- The Supplier shall not be liable for any delay or failure to deliver the Goods caused by Force Majeure events or failure of the third party suppliers to deliver to the Supplier or Customer.
- If Goods are failed to be delivered to the Customer, the Supplier reserves its right to either replace the Goods or provide the Customer with a credit note for the price paid for the Goods.
- While the Supplier shall make every effort to fulfil any accepted Order, it shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
Quality and Quantity
- Any claim for damage or shortage of products delivered must be made to the Supplier in writing within 60 days of the Bill of Lading date.
- The Customer shall hold any allegedly damaged Goods at its own expense pending the Suppliers instruction, and if required shall provide photographic proof of condition and/or allow the Supplier to inspect the Goods, or take relevant samples away.
- The Supplier shall not be liable where the Customer, or a third party acting on behalf of the Customer has:
- Stored the Goods incorrectly;
- Made any further use of the Goods after claiming damage;
- Caused a defect due to wear and tear, wilful damage or negligence.
- The Supplier shall, at its own options, have the right to decide whether to repair or replace any damaged or missing Goods or to issue a credit note for the damaged or missing Goods.
Title & Risk
- Risk in the Goods shall pass to the Customer on completion of delivery.
- Title to Goods shall not pass to the Customer until the Supplier receives payment in full for the Goods and any other Goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.
- Until title to the Goods has passed to the Customer, the Customer shall:
- Store the Goods separately from all other Goods held by the Customer, and hold detailed records of the location of the Goods so they remain identifiable as the Supplier’s property;
- Maintain the Goods in a satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
- Should the Customer fail or be unable to pay for the Goods for whatever reason, the Supplier has the right to instruct the Customer to deliver up the Goods to the Supplier or a third party as designated by the Supplier and/or enter any premises of the Customer or third party where the Goods are stored in order to recover the Goods.
Price and Payment Terms
- The Customer shall pay for the Goods in GB Pounds, unless otherwise agreed in writing by the Supplier.
- The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect an increase in the cost of the Goods or due to factors beyond the Supplier’s control (including but not limited to foreign exchange fluctuation and increase in taxes and duties.)
- The Customer shall pay the Supplier in full and in cleared funds no later than the agreed amount of days from the Bill of Lading date as per the INCOTERMS, stated within the contract and agreed in writing by both Parties. Time of payment is of the essence.
- If the Customer fails to comply with the agreed payment terms then the Supplier reserves the right to:
- Refuse to accept any new Orders;
- Refuse to deliver any agreed Orders not yet despatched to the Customer; and
- Seek payment for all outstanding invoices (even if not otherwise due under the payment terms of this agreement).
- If the Customer fails to make payment due to the Supplier under the Contract, by the due date of payment, then the Supplier may charge the Customer interest on the overdue amount at a rate of 8% per annum above the Bank of England’s base rate from time to time. All such interest shall accrue on a daily basis from the due date until actual payment.
- The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
Resale of Products
- The Customer shall comply with all manufacturers’ instructions and all legislation relating to the sale and storage of individual types of Goods. The Customer shall offer Goods for sale strictly in accordance with the manufacturer’s instructions for latest date for sale.
- The Customer shall cease to sell any Goods if the Supplier instructs the removal of goods from sale if:
- The manufacturer issues a Goods recall or instruction that Goods should not be sold; or
- The Customer has not paid for the Goods in accordance with payment terms and the Supplier exercises its right to instruct the Customer to retain the Goods until they are paid for.
- The requirements for labelling and required length of shelf life necessary for the export market will be agreed at the start of this Contract and shall remain in force until the Customer notifies the Supplier in writing of any required changes. The new instructions shall take effect for any future Orders and continue in force until changes are again notified in writing.
Termination and Suspension
- Without the Supplier limiting its other rights and remedies, the Supplier may terminate or suspend the Contract with immediate effect by giving notice to the Customer if:
- The Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within a reasonable period of time of being notified in writing to do so;
- The Customer takes any steps or actions in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
- The Customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
- The Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer is unable to adequately fulfil its obligations under the Contract has been placed in jeopardy.
Limitations of Liability
- Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
- Death or personal injury caused by its negligence;
- Fraud or fraudulent misrepresentation;
- Breach of terms implied by section 12 of the Sale of Goods Act 1979;
- Defective products under the Consumer Protection Act 1987; and
- Any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
- Subject to above, the Supplier shall under no circumstances wherever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract or third party suppliers.
- The Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Goods or the cost of the Contract dependent upon the claim.
- Neither party shall be liable for any failure or delay in performing its obligations under this Contract (except payment obligations) to the extent such failure or delay is caused by a Force Majeure Event.
- A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
- Both the Supplier and the Customer shall deal with any information provided in this Contract as confidential, and shall not, without written permission of the other party, disclose any information to third parties.
- Neither the Supplier nor the Customer may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
- If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach of default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy.
Third Party Rights
- A person who is not a party to the Contract shall not have any rights to enforce its terms.
- Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by both parties.
Governing Law and Jurisdiction
- The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual dispute and claims), shall be governed by, and construed in accordance with the law of England and Wales.
- Both parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).