Terms and Conditions of Sale - Henry Colbeck Limited
1. Terms and Conditions Overview
1.1 These terms and conditions are incorporated into every contract and supersede any verbal agreements or customary practices. Henry Colbeck Limited (hereafter referred to as “the company”) reserves the right to amend these terms. Any changes will be effective upon posting to the company’s website.
2. Definitions
2.1 In these terms and conditions:
- The company refers to Henry Colbeck Limited (registered company number 822749).
- The customer includes any individual, firm, company, or legal entity placing an order, purchasing products, or accepting quotations from the company.
- Goods refer to food or non-food products supplied by the company.
- Contract denotes any agreement for the purchase and sale of goods.
- Conditions represent these terms, including any agreed-upon special conditions in writing.
- Writing encompasses communications via email, registered mail, or other recognized methods.
- Statutory Interest refers to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
3. Placing an Order
3.1 Orders placed through telesales, sales representatives, email, answer machine, or the company’s eCommerce site constitute an offer to contract under these terms. 3.2 Contracts are subject to goods’ availability. If goods are unavailable, the company may offer reasonable substitutes but is not liable for losses related to non-supply. 3.3 The company may limit quantities supplied or refuse orders at its discretion. 3.4 Customers must ensure that orders are properly received. The company is not liable for unreceived orders due to technical issues or other causes. 3.5 Orders placed out of ‘normal working hours’ (after 5pm) will be considered for next day delivery but are not guaranteed.
4. Price
4.1 Prices are determined by the company’s invoice. 4.2 Offers and promotions are subject to availability and may exclude certain customers by geography or customer type e.g. wholesalers. 4.3 Prices may change without prior notice. 4.4 Value Added Tax (VAT) is not included in the price and is payable by the customer where applicable.
5. Deliveries
5.1 Deliveries adhere to the customer’s delivery schedule but are subject to change with reasonable forewarning to the customer. 5.2 Customers must ensure staff are present to accept deliveries and payments upon arrival. 5.3 Delivery times are estimated; the company is not liable for delays due to unforeseen circumstances. 5.4 Goods are delivered to the address specified in the account unless otherwise agreed in writing. 5.5 While the employer is responsible for employee’s safety, employees visiting customer premises are under the care of the person in charge of those premises. safety is then in the hands of the person in charge/owner of these premises. 5.6 Goods must be inspected upon delivery. Damages or discrepancies should be noted on the delivery note in the driver’s presence. Any issues must be reported within 24 hours of delivery, with supporting evidence if required (batch codes, photographic evidence, etc.). 5.7 Risk of loss or damage passes to the customer upon delivery. 5.8 To confirm that products have been delivered in full and are free from damage, customers are required to provide a signature upon receipt of their order. This signature serves as acknowledgment that the delivery is complete and the products are in acceptable condition.
6. Terms of Payment
6.1 New accounts operate on a “Cash on Delivery” (COD) basis unless otherwise agreed. Credit accounts are subject to approval based on credit checks (Experian, Equifax, etc.) and an established trading pattern. 6.2 Accounts must be settled as per agreed terms. Overdue accounts may result in withheld deliveries or account suspension. 6.3 The company may pursue legal action for unpaid accounts without prior notice. 6.4 Accepted payment methods include cash, credit/debit cards, bank transfers, and cheques. 6.5 A fee may apply for payments made using corporate or commercial cards. 6.6 To ensure compliance with insurance requirements and legislation, we will not accept more than £7,500 in cash from any customer in a single transaction. If a customer wishes to pay more than £7,500 in cash then please contact the Customer Account Team to arrange another suitable method of payment e.g. bank transfer. 6.7 Any counterfeit notes presented at the point of payment will be immediately removed from circulation. The business reserves the right to confiscate such notes and report the incident to the relevant authorities. This measure is to ensure the integrity of financial transactions and protect both the business and its customers from fraudulent activities.
7. Online Security
7.1 Customers must maintain the confidentiality of their online account passwords. Unauthorized use must be reported immediately. 7.2 The company ensures customer data is not shared for unsolicited marketing purposes. 7.3 Customers are responsible for managing their own login credentials to our platform. The business will not be held liable for any orders placed using a customer's login without their knowledge or consent. Customers must ensure the security and confidentiality of their login information to prevent unauthorized access. Any suspicious activity should be reported to us immediately to mitigate potential fraudulent transactions.
8. General Provisions
8.1 Abusive behaviour towards company staff will not be tolerated. The company reserves the right to refuse service or delivery in such cases. 8.2 Telephone calls may be recorded for training or reference purposes. 8.3 The company may refuse entry to its premises at its discretion. 8.4 Smoking is prohibited on the company’s premises. 8.5 Customers may be asked for ID before orders are released for security purposes.