Terms & Conditions

TERMS & CONDITIONS OF SALE IMPORTANT NOTICE TO CONSUMERS THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER GENERAL

1. The terms of business set out below cancel all previous issues.

2. These terms, as re-issued or revised by the Company from time to time, apply to all orders placed with the Company and such orders are subject to acceptance by the Company and shall be deemed to be made subject to these terms and no qualification or condition contained in any order form, acknowledgement of order or otherwise shall form part of the contract of sale or override these terms unless expressly agreed to in writing by a Director of the Company. No other employee or agent of the Company or any of the Companies below for whom it acts as a distributor has authority or the ability to change these terms in any manner whatsoever.

3. “The Customer” means the person, firm or Company with whom a contract for the sale of goods is reached.

4. “The Company” means GEORGE RYE & SONS LTD (GRS)

PRICES

1. All of the prices for goods, whether listed or not and any prompt settlement discount are subject to alternation. Orders received but not dispatched at the date of any alternation may be executed at the prices and discount applicable to the order at the sole discretion of the Company.

2. All prices are subject to the appropriate amount of VAT.

3. The amount of VAT payable is shown separately on invoices and is included in invoice totals.

4. Where discount is offered then VAT where applicable is calculated on the goods invoice total net of the discount value offered.

PROMPT SETTLEMENT DISCOUNT

Any prompt settlement discount offered is allowed only if the Company receives payment no later than the due date of payment specified on the invoice.

DELIVERY

1. The Company will deliver the goods ordered to the address specified by the Customer and when delivered to a person appearing to have the authority to sign for them at such an address the risk and responsibility for the goods shall vest in the customer.

2. Any dispatch date or delivery time specified is an estimate only, and the Company shall not be liable for any loss suffered by reason of any failure to comply therewith.

CLAIMS

1. No claims for non, late or short delivery, damage or theft will be accepted by the Company unless the claim complies strictly with the procedures set out below and the Customer gives all necessary authority and assistance to the Company to enable it to process the claim against the Carrier. Failure to do so may lead to claims being rejected or delayed. The liability of the Company will in no case exceed the value of the goods lost or damaged.

2. Claims for non-delivery: If goods have not been received within 14 working days from the date of invoice, immediate notification, in writing must be made to the Company.

3. A statement of the amount owed by the Customer to the Company will be sent to the Customer each month. Upon receipt of the statement, the Customer will advise the Company immediately of any items shown thereon which the Customer disputes. Failing to notify the Company of any disputed items will deem to be acceptance by the Customer of the correctness of such statement.

4. Claims for shortage, pilfering or damage: All packages, cases etc., should be examined externally in the presence of the Carrier. Where the consignment is short delivered or appears to have been tampered with or damaged, this should be recorded on the Carrier’s delivery sheet, and notification made within 24 hours in writing to the Carrier and to the Company at Lunar House, Unit 1, Easter Park, Baker Road, Nelson Park West, Cramlington, NE23 1WQ, giving full details. Where packages appear to be in perfect condition, a clear signature should be given. The contents should be unpacked and checked immediately; shortages or damage must be notified in writing within 24 hours of delivery.

RETURNS

1. The Company is under no obligation to accept goods returned from Customers without the prior written consent of the Company.

2. The Company reserves the right to charge the Customer with the cost of carriage in respect of the goods returned.

3. The Company requests that its own carrier collects all authorised returns as it will not refund any claims for carriage made by the customer.

4. In certain circumstances the Company may levy a surcharge on goods returned or refused if it is shown that the goods are in no way faulted and the Company has an official order from the Customer.

PROPERTY

Notwithstanding delivery of goods to the Customer.

1. The legal and equitable title in the goods shall not pass to the Customer until all payments due for those goods and all goods previously delivered to the Customer by the Company have been received by the Company. Until such time the Customer will hold the goods for the Company separate from other goods on the premises of the Customer and where practical be clearly marked as property of the Company.

2. The Customer may sell the goods by way of bona fide sale in the ordinary course of its business on its standard terms and conditions and by way of sale as principal (not as agent) but may not otherwise deal with, sell, part with possession of, consume, or otherwise dispose of the goods until title thereto has passed to the Customer in accordance with (1.) above.

3. The Customer’s licence in (2.) above shall forthwith terminate automatically and without notice upon the Customer being in breach of any of these terms of business, if the Customer is adjudicated bankrupt or has a receiving order made against him or, if a Company, has a Receiver appointed of all or any part of its property or if a Petition shall be presented or a resolution passed to wind-up the Customer or if any sums due to the Company from Customer becomes overdue and the Company, may, without prejudice to any other rights or remedies available to it, without notice terminate all or any part of any contract with the Customer or suspend or cancel deliveries thereunder.

4. If any of the goods are sold to a third party before title in them has passed to the Customer in accordance with (1.) above that sale will constitute a sale by the Customer of the Company’s property and accordingly the Customer will account to the Company for the proceeds of sale received up to the total amount outstanding in respect of the goods and pending such accounting will hold the same on trust for the Company.

5. In furtherance of (3.) above the Customer gives the Company irrevocable authority without notice to enter the premises of the Customer for the purpose of collecting and removing the goods.

PAYMENTS

1. Payment of accounts is due to be received by the Company by the payment date specified on the invoice submitted by the Company to the Customer. Remittances, to be made by cheque or money order, should be payable to George Rye & Sons Ltd (GRS). No receipt will be recognised except on the Company’s printed numbered slips.

2. The Company reserves the right at any time in its absolute discretion to demand immediate payment of any account whether due or not.

3. Late payment interest may be charged on overdue invoices at a daily rate of 2.5% per annum above the base lending rate, from time to time inforce of Barclays Bank PLC. Payable for the period between due date until final payment. DATA PROTECTION ACT 1998 I/We hereby agree that George Rye & Sons Ltd., may collect, use and disclose personal data about me/us so that you can open and administer my/our account and for any other related purposes including assessment of credit and conduct, providing credit references, monitoring and analysis of our business, crime prevention, legal and regulatory compliance and transfer of any of our rights or obligations under my/our agreement with you. You may also transfer the personal data you hold about me/us to any country, including countries outside the European Economic Area, for any of the purposes described herein You may share personal data about me/us with other organisations for any of the purposes described herein. I/We are aware that with limited exceptions 1/We have right of access under the data protection legislation to the personal data that you hold about me.