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Terms and Conditions Of Sale
1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller.
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 ‘Delivery Date’ means the date as agreed between the Seller and Buyer when the goods are to be delivered.
1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller.
1.5 ‘Price’ means the price for the Goods including carriage, packing and insurance but excluding VAT.
1.6 ‘Seller’ means Bobtail Fruit Ltd. of 197 Hercules Road, London, SE1 7LD
2. Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Upon cessation of regular orders for the delivery of goods shall be deemed as a breach in the agreed trading relationship and all monies owed shall become payable in full with all outstanding debt to be paid in full.
3. The Price and payment
3.1 The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 For Buyers who do not have an agreed credit agreement in writing with the Seller, such as residential orders to private individuals, payments for recurring orders will be taken on Friday the week before delivery. For example, payment for orders due for delivery on a Wednesday will be taken on the Friday prior.
3.3 For Buyers with a credit agreement payment of the Price and VAT shall be due within 7 days of the date of issue of the weekly invoice unless otherwise agreed in writing. Buyer invoice payments should be made at the agreed time.
3.4 The Seller reserves the right to require a deposit from the Buyer and to require payment for the Goods; before delivery.
3.5 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the following rates:
3.5.1 a rate of 12% the first three months;
3.5.2 a rate of 25% thereafter and shall accrue at such a rate after as well as before any judgment;
3.6 If the Buyer fails to make any payment on the due date then without prejudice to any of the Seller’s other rights the Seller may:
3.6:1 Suspend or cancel deliveries of any articles due to the Buyer; and/or
3.6:2 Appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think fit.
3.7 In the event that the Buyer fails to make payment for the Goods the Buyer shall fully indemnify the Seller in respect of any costs and expenses legal or otherwise, incurred by the Seller in recovering payment form the Buyer.
4. The Goods
4.1 All terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in these conditions of sale)relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.
5.1 The Goods shall be delivered to the Buyer at the Seller’s address. The risk in the Goods shall pass to the Buyer upon such delivery taking place.
5.2 The Seller shall arrange for carriage of the Goods to the Buyer’s address provided. If the Buyer provides and incorrect address, the Seller shall not be liable for failure to deliver and the costs of those goods will remain the responsibility of the Buyer.
5.3 The Buyer shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods.
5.4 The Seller operates a policy of next day delivery. Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 1 week of the Delivery Date.
5.5 Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest, pandemic or other event beyond the reasonable control of either party.
5.6 Buyers must confirm the shipping address details both during the basket stages of the website and within the confirmation e-mail that is sent out to all customer instantly on purchase. If any of these details require modification, the Buyer must report any changes or amendments to our administration team on 01708 300 128 within normal office hours 8AM - 4PM Monday to Friday at least 1 day prior to the scheduled delivery date, excluding weekends. No address amendments will be accepted by voicemail. The Seller will accept no responsibility for inaccurate details applied to any purchase online by Buyers, nor will take responsibility for the non-delivery of e-mail confirmations caused by the Buyers personal computer, ISP or any other technical problem. We advise all Buyers to check their Trash or Spam accounts after purchase.
5.7 The Buyer may apply bespoke delivery charges to specially arranged orders with the consent of the Seller such as orders outside of our usual delivery area – please speak to a member of the team for further details.
5.8 If the Seller has agreed to hold access keys for your delivery address the following terms will apply:
- The Seller will use reasonable endeavour to ensure the keys are held in a secure facility.
- The Seller shall not be liable for the loss, damage or any costs arising from us holding and your keys, except where such losses, damages and costs have arisen from our negligence.
6. Acceptance of the Goods
6.1 If the Buyer properly rejects any of the Goods which are not in accordance with the contract, the Buyer shall nonetheless pay the full Price for such Goods unless the Buyer gives notice of rejection to the Seller within 4 hours of the time of delivery and at the Buyer’s cost returns such Goods to the Seller within 24 hours of delivery.
6.2 Any Goods deemed by the Buyer as poor quality; the Buyer must keep the goods, un-touched for a possible collection by the seller. If on collection the Seller deems the goods to be of suitable condition for sale, the Buyer may be liable for Administration and or collection fees.
6.3 If for any reason beyond our reasonable control, the Seller is unable to supply a particular item, they will not be liable to you. Please note that the Seller will attempt to deliver an equal or above equivalent product should the selected item be unavailable unless the Buyer request not to do so.
6.4 In many cases with office deliveries, restaurant deliveries and deliveries to residential customers self-isolating during pandemic situation, evidence of a delivery such as a signature is not possible, therefore the Buyer agrees that this is not grounds to deny an order has been made and accepted. However the Seller, at the very least, will provide vehicle tracking evidence of the delivery location on request.
7. Title and risk
7.1 The Goods shall be at the Buyer’s risk as from delivery.
7.2 In spite of delivery having been made, property in the Goods shall not pass from the Seller until:
7.2:1 The Buyer shall have paid the Price plus VAT in full; and
7.2:2 No other sums whatever shall be due from the Buyer to the Seller.
7.3 Until property in the Goods passes to the Buyer in accordance with clause 7.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailey for the Seller. The Buyer shall store the goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller’s property. The Buyer shall store the Goods in a way that retards their deterioration. The Buyer shall refrigerate the goods if appropriate.
7.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller’s property by the Buyer on the Buyer’s own behalf and the buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money.
7.5 The Seller shall be entitled to recover the Price (plus VAT where applicable) notwithstanding that property in any of the Goods has not passed from the Seller.
7.6 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause 7.4 shall cease.
7.7 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
7.8 The Buyer shall insure and keep insured the Goods to the full Price against ‘all risks’ to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8. Remedies of Buyer
8.1 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
8.2 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
9.1 The Sellers service is a ‘subscription’ service, whereby deliveries will be made to the Buyer on an ongoing basis. The Buyer can cancel their orders by notifying the Seller in writing, by phone or by e-mail 24 hours prior to their next delivery.
9.2 The Seller can cancel your account(s) or orders scheduled for delivery at their discretion or if any of the Sellers terms and conditions are breached by the Buyer.
10. Allergy Information
10.1 The Sellers products are stored and processed within an environment that contains nuts and other food stuff that could have create allergic reaction (strawberry seeds for example), therefore it is the responsibility of the Buyer to take precautionary measures before ordering products from the Seller, such as querying the Seller on any specific allergy advice pertaining to their products or notifying the Seller if particular products should be kept sufficiently separated within orders.
10.2 If the Buyer is in any doubt regarding allergy advice or information they must contact the Seller in writing with their query in order to receive a response.
11. Proper law of contract
11.1 This contract is subject to the law of England and Wales.
11.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales and irrevocably agree that proceedings issued out of the said courts may without prejudice to the rules of service of such courts be served on them by delivering such proceedings in an envelope addressed to the party.
If you have any questions whatsoever regarding our terms and conditions, please don’t hesitate to contact us on 01708 300 128.