Dennis Edwards Product Guide 2023

TERMS & CONDITIONS
1. CONDITIONS OF SALE
1.1 In these terms and conditions:
“Supplier” or “DEFS” means Dennis Edwards for Foodservice.
“Products” means goods sold by the Supplier.
“Customer” means a customer of the Supplier for the purchase of Products.
1.2 These terms and conditions will apply to and be deemed to be incorporated
in all contracts for the sale of Products by the Supplier to the Customer, and shall
override any terms proffered by the Customer in respect of any order for Products.
If not otherwise incorporated into the contract, these terms and conditions shall be
deemed to be accepted and incorporated into the contract by the Customer accepting
delivery of the Products which are the subject of that contract. No variation to these
terms and conditions shall be binding unless agreed in writing between the authorised
representatives of the Supplier and Customer. References to any contract between the
Supplier and the Customer for the supply of Products shall include these terms and
conditions.
1.3 The Supplier’s employees or agents are not authorised to make any representations
concerning the Products unless confirmed by the Supplier in writing. In entering into
any contract for the supply of the Products the Customer acknowledges that it does not
rely on any such representations which are not so confirmed, but nothing in these terms
and conditions affects the liability of either party for fraudulent misrepresentation.
1.4 Any advice or recommendation given by the Supplier or its employees or agents
to the Customer or its employees or agents as to the storage, application or use of
the Products which is not confirmed in writing by the Supplier is followed or acted on
entirely at the Customer’s own risk and accordingly the Supplier will not be liable for
any such advice or recommendation which is not so confirmed.
2. ORDERS
2.1 The Customer shall be responsible to the Supplier for ensuring the accuracy of the
terms of any order submitted by the Customer and for giving the Supplier any necessary
information relating to the Products within a sufficient time to enable the Supplier to
perform the particular contract in accordance with its terms.
2.2 The quantity, quality and description of the Products and any specification for
them shall be as set out as in the Supplier’s quotation (if accepted by the Customer) or
the Customer’s order (if accepted by the Supplier). All products and offers subject to
availability.
2.3 The Supplier reserves the right to make any changes in the brands, pack sizes
or specification of the Products which are required to conform with any applicable
statutory or EU requirements or which do not materially affect their quality or
performance.
2.4 All images shown on any web page, pricelist, email, or other marketing materials
from DEFS are included as a guide for presentation purposes only.
3. DELIVERY OF THE PRODUCTS
3.1 Risk of damage to or loss of the Products shall pass to the Customer at the time of
delivery or, if the Customer wrongfully fails to take delivery of the Products, the time
when the Supplier has tendered delivery of the Products. Delivery of the Products shall
take place at the Customer’s premises unless otherwise agreed by the parties.
3.2 The Supplier shall use all reasonable endeavours to deliver each of the Customer’s
orders for the Products on the dates specified in the order, but the time of delivery shall
not be of the essence unless previously agreed in writing between the parties.
3.3 The Customer shall within 24 hours of the arrival of each delivery of the Products
at the Customer’s premises notify the Supplier of any defect by reason of which
the Customer alleges that the Products delivered are not in accordance with the
specification and which should be apparent on reasonable inspection. Due to DEFS
willing compliance with the Food Safety Act, no product from a previous delivery can be
returned without an uplift note issued to our driver, by our office. Any product returned
without this authorised document, will not be credited and will be disposed of on your
behalf.
3.4 If the Customer fails to give such a notice then the Customer shall be deemed to
have accepted the delivery of the Products in question and the Supplier shall have no
liability to the Customer with respect to that delivery.
3.5 If the Customer rejects any delivery of the Products within the time specified the
Supplier shall, as soon as reasonably practical after being requested to do so by the
Customer, supply replacement Products (in which event the Supplier shall not be
deemed to be in breach of these terms and conditions or have any liability to the
Customer).
4. PRICE & PAYMENT
We accept payments by Cash, Credit or Debit Cards, BACS, Bank Transfer, Paypal
(Braintree). We do NOT accept Cheques.
4.1 The price for the Products shall be exclusive of any Value-Added Tax or other
applicable sales tax or duty all of which shall be payable in addition. Prices can be
subject to change, notice of price changes cannot be guaranteed. All published prices
are correct at time of the publication. The latest pricelist cancels all previous pricelists.
Nett or Promotional Prices carry no further discounts.
4.2 The Supplier shall invoice the Customer at the time of delivery and all invoices will
be paid by the Customer either at time of delivery or at time of placing order, unless
a prior agreed credit account is in place, these invoices will be paid by the 15th of the
month following, from which the invoice was raised.
4.3 If the Customer fails to make any payment on the due date then, without limiting
any other right or remedy available to the Supplier, the Supplier may:
4.3.1 cancel the particular contract or suspend any further deliveries to the Customer
under that or any other contract between the parties;
4.3.2 appropriate any payment made by the Customer to such of the Products (or the
Products supplied under any other contract between the Customer and Supplier) as the
Supplier may think fit (notwithstanding any purported appropriation by the Customer);
and
4.3.3 charge the buyer interest (both before and after any judgment) on the amount
unpaid at the rate of 2 per cent per month until payment in full is made (a part of a
month being treated as a full month for the purpose of calculating interest).
4.3.4 The Supplier shall be entitled to recover from the customer all costs it incurs in
recovering any outstanding amount from the Customer.
4.4 Should any method of payment to DEFS be dishonoured due to insufficient funds,
debit or credit card charge backs then a £25 admin charge will be applied, against each
instance.
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