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Fosters Foods Spring 2024

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Terms & Conditions of Sale<br />

Prices<br />

All prices shown are strictly net and are subject to change without prior<br />

notification. Every effort will be made to maintain prices, but exchange<br />

rate fluctuations, tax changes and variations on raw material costs may<br />

necessitate immediate price changes, and all orders are accepted on<br />

this basis.<br />

New Accounts<br />

A new customer account form must be completed and signed. Two<br />

satisfactory trade references must be received before a credit account<br />

may be opened. All initial orders must be pro-forma and paid for by<br />

cheque, credit card or by credit transfer into our bank account (please<br />

ask for further details). All new accounts will be subject to a credit check.<br />

Credit Terms<br />

Our terms are payment within 30 days from the date of invoice, unless<br />

otherwise agreed. If payment is not made within the agreed terms, we<br />

reserve the right to charge interest at 2.5% above the prevailing base<br />

rate to the invoice value, excluding any interest or other costs should<br />

court proceedings become necessary. However if the debt is paid<br />

within the agreed terms no interest shall be payable. Re-presented<br />

cheques are all charged £20 for each re-presentation.<br />

Orders<br />

You can place orders directly with your sales contact/RSM or by email,<br />

telephone or writing to our Customer Service department in Market<br />

Harborough. Alternatively orders can be placed on the <strong>Fosters</strong> <strong>Foods</strong><br />

ordering app or website at your convenience. See page 4 for more<br />

information. Please state clearly your account number, product code,<br />

product description and quantities of items required. Please be aware<br />

that some products could be withdrawn from sale at any point in time.<br />

Please call Customer Services on 01858 438000 for current information<br />

on any withdrawn lines. Any orders that contain Personalised products<br />

can take up to a maximum of five working days.<br />

Products<br />

The company reserves the right, in its discretion, without liability to<br />

the customer, to make any changes in the specification of the product<br />

including packaging, weight, case size, barcode and ingredients,<br />

without any liability on the part of the Company.<br />

Deliveries<br />

Carriage paid orders are subject to a minimum order value, please<br />

contact Customer Services or your Regional Sales Manager regarding<br />

delivery charges. Timed deliveries are subject to charges, please<br />

contact the Customer Services team for further details. Although every<br />

effort will be made to deliver goods as ordered, the group cannot<br />

accept responsibility for any delay for circumstances beyond its control<br />

and accepts no liability whatsoever for any loss arising from any failure<br />

to supply under any circumstances.<br />

Cancellation of Orders<br />

All orders placed form a contractual agreement between both parties.<br />

We reserve the right to apply a cancellation fee for all cancelled orders:<br />

28 days or less prior to requested delivery date – 40% of order value<br />

14 days or less prior to requested delivery date – 100% of order value<br />

Delivery Discrepancies Claims<br />

Claims should be made to the Group’s Credit Administration<br />

Department within 24 hours of receipt of goods via telephone - 01858<br />

438000. All goods must be counted upon receipt and any shortage<br />

noted on the delivery note at the time of delivery. If customers are<br />

unable to check on receipt, the POD must be signed “UNCHECKED”.<br />

All goods must also be checked for damages upon receipt and any<br />

damage must be indicated on the delivery note at the time of delivery.<br />

If customers are unable to check on receipt, the POD must be signed<br />

“UNCHECKED”.<br />

Photographic evidence of the damage will be required to validate the<br />

claim. Any claim in respect of the above should be made by telephone<br />

(01858 438000), or email (sales@fosters-foods.co.uk) to the Group’s<br />

Credit Administration Department within 2 working days of the<br />

delivery. Claims submitted after this time will automatically be rejected.<br />

Goods which have been in your possession for longer than 21 DAYS<br />

cannot be refunded for credit. Credit cannot be given for goods that<br />

are already price marked. Product quality issues can be discussed with<br />

Customer Services on 01858 438000. In the interests of food safety, the<br />

Group cannot accept the return of opened or part packs of products<br />

unless by prior agreement with the Regional Sales Manager. Please<br />

note: Goods cannot be returned without an uplift note.<br />

Title<br />

Until payment in full of the purchase price, together with payment of<br />

all other sums due from the customer to Moguntia Food Limited for<br />

the property in the product (The Goods), the Goods shall remain the<br />

property of Moguntia Food Limited, but the risk therein and all liability<br />

to third parties in respect thereof shall pass to the Purchaser on delivery.<br />

The Purchaser shall keep the Goods in such a manner that they shall<br />

be identifiable by Moguntia Food Limited. The Purchaser may sell the<br />

Goods in the normal course of its business but in a fiduciary capacity as<br />

bailee of the Goods and shall hold and pursue all claims to proceeds of<br />

their sale equal to the price of the Goods for and on behalf of Moguntia<br />

Food Limited. In the event of non-payment by the Purchaser by the due<br />

date, Moguntia Food Limited shall be entitled, in addition to all other<br />

rights, to enter any premises where the Goods may be, and recover<br />

possession of them. Unless specifically agreed in writing by a director<br />

of Moguntia Food Limited, this retention of title clause supersedes any<br />

other third party terms regarding retention of title.<br />

Minimum Order and Delivery Map<br />

£240 Minimum Order Value: UK excluding the below<br />

£290 Minimum Order Value to the following postcodes:<br />

DG/TD/KA/ML/EH/G/FK/KY<br />

£425 Minimum Order Value to the following postcodes:<br />

PA/PH/DD/AB/IV/KW<br />

£1,000 Minimum Order Value: Scottish postcode<br />

Exceptions HS/IS 40-51 & 55-56/PA 20 41-60/PH 42-44/<br />

KW 15-17 & 27/ZE<br />

£450 Minimum Order Value: Northern Ireland<br />

£650 Minimum Order Value: Southern Ireland<br />

£1,000 Minimum Order Value: Isle Of Man<br />

£1,000 Minimum Order Value: Channel Islands<br />

7

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