Terms & Conditions

All contracts for the sale of goods (“Goods”) by Buckfast Organic Bakery Limited (“the Company”) to any person, firm or company (“the Customer”) are subject to the following Terms and Conditions of Sale (“Terms”), except were agreed in writing by a duly authorised representative of the Company. In these Terms “Contract” means any contract for the supply of Goods formed by the Company’s acceptance of the Customer’s order.

By placing an order with the Company, the Customer agrees and accepts that these Terms are incorporated into any such Contract.

1. Each order for Goods by the Customer from the Company shall be deemed to be an offer by the Customer to purchase Goods subject to these Conditions. The Customer shall ensure that the terms of its order and any applicable specification are complete and accurate.

2. No order will be binding upon the Company unless and until accepted by the Company in writing or, if earlier, the Company delivers the Goods to the Customer.

3. Orders are accepted only on the basis that these Terms (or as varied as aforesaid) govern the resulting Contract formed by the Company’s acceptance of that order. Accordingly any terms and conditions endorsed on or contained or referred to in any Customer’s purchase order, confirmation of order, specification or other document or which are implied by custom, trade, practice or course of dealing or are otherwise communicated to the Company which are not specifically agreed to in writing by the Company, shall be excluded from the Contract and the Customer waives any right which it might have to rely on such terms and conditions.

4. The Company reserves the right to amend any accidental error or omission on quotations, order acknowledgements, invoices or credit notes.

5. Although all delivery dates stated by the Company are given in good faith and all reasonable efforts will be made to adhere to them, they are estimates only and (subject to the other provisions of these Terms) the Company accepts no liability for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or the Customer’s failure to provide the Company with adequate delivery instructions. Time for delivery shall not be of the essence and the Customer will not be entitled to terminate or rescind the Contract in the event of any delay in delivery.

6. Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place on the Goods’ arrival at the delivery address stipulated by the Customer.

7. The Company shall be entitled to make deliveries by instalments and delivery of part only of any order shall not entitle the Customer to reject the Goods.

8. If for any reason the Customer fails to accept delivery of the Goods on the date of delivery, or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, the Company shall, without prejudice to its other rights, be entitled to store the Goods at the Customer’s risk until actual delivery and the Customer will be liable for all related costs and expenses (including without limitation storage, insurance and additional carriage costs).

9. All drawings, descriptive matter, specifications, and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purposes of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.

10. Whilst every effort will be made to supply Goods in accordance with samples and/or agreed specifications the Company reserves the right to modify specifications, designs and materials where such modifications do not materially affect the quality or fitness for purpose of the Goods or if required to comply with any applicable standards or legal requirements.

11. Unless otherwise notified to the Customer, Goods will be invoiced at the price stipulated in the Company’s published price list current at the date of delivery.

12. In the case of any order delivered by instalments each instalment shall be invoiced at the price stipulated in the Company’s published price list at the date of delivery of such instalment and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

13. Unless otherwise agreed, the Company shall invoice the Goods on or after despatch of the Goods. The Company shall be entitled to invoice each instalment as and when each instalment is despatched. Payment of all sums shall be made in sterling and is due in full and in cleared funds within 30 days after the invoice date (unless otherwise agreed in writing by the Company). The Company may sue for any monies outstanding beyond this date even if property in any relevant Goods has not passed to the Customer. Time for payment is of the essence.

14. If any payment is not made in full and in cleared funds by the due date then, without affecting any other right or remedy which it may have, the Company may deduct any outstanding amounts from any monies owed to the Customer on any account whatsoever.

15. All sums payable to the Company in respect of Goods delivered to the Customer under any contract between the Customer and the Company shall become due immediately upon termination of the Contract despite any other provision.

16. The Customer will be liable to pay interest to the Company on any outstanding amounts due from the Customer pursuant to the Contract which shall accrue from the due payment date on a daily basis until the date of payment at a rate of 2% above the Bank of England’s base lending rate from time to time in force, whether before or after any judgment. The Customer shall make all payments due under the Contract without any deduction by way of set off, counterclaim, discount, abatement or otherwise.

17. Deliveries to addresses outside the United Kingdom shall be subject to FOB terms (as defined in the latest published version of Incoterms from time to time) unless otherwise agreed in writing. It is the Customer’s responsibility to obtain all necessary import licences, clearances and other consents necessary for the purchase of the Goods and to ensure that the Goods comply with all local legislative or other legal requirements.

18. The quantity of any consignment of Goods as recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.