Terms & Conditions
Terms and Conditions of Sale
1.Terms - Digby & Nelson Limited is referred to as D&N
2.General - All orders are accepted on the terms, conditions and exclusions herein contained.
3.Price - Prices quoted are those ruling at the date of the quotation or as shown in our list, and shall be subject to revision if increases in cost or other circumstances arise. Prices quoted exclude Value Added Tax, Sales Taxes or any similar Taxes which will be charged additionally to the Buyer.
4.Terms of Delivery -
a) Dates for delivery are given in good faith and as accurately as possible, but are not guaranteed. We shall be under no liability whatsoever for any delay in performance of any order by reason or in consequence of force majeure or of any matter or thing outside our control including but not limited to labour troubles, civil commotion, natural catastrophe, government restriction, shortage of supplies or customer’s instructions or lack of instructions. We shall have the right to despatch any portion of the goods ordered and we shall be entitled to invoice the customer for such despatched portion so that for the purposes of payment each portion shall be deemed to be a separate contract and may be invoiced separately. Should the customer notify us of inability to receive or store goods ordered or should the customer fail to give us adequate delivery instructions when required or fail to collect goods sold ex-works, the goods will be stored at the customer’s risk and expense. We shall be entitled to instruct suppliers to manufacture the goods immediately upon receipt of the customer’s written order or as soon thereafter as we think fit, irrespective of any date which may be specified for delivery thereof.
b) Where the Buyer orders goods for delivery by instalments each delivery shall constitute a separate contract and the Buyer shall not be entitled to refuse to take delivery of or refuse to pay for any instalments on the grounds that a previous instalment was defective or otherwise.
c) Unless we otherwise agree in writing our carriage paid terms are as set out on the first page of this document. The cost of delivery of goods below the minimum value will be charged to the Buyer at our discretion.
5.Property in Goods - Until D&N has been paid in full by the Buyer for goods supplied by D&N, such goods remain the property of the D&N although the risk therein passes to the Buyer at the time of delivery (subject to the provisions in Clause 3(a) herein relating to storage of goods at the customer’s expense), and the Buyer shall indemnify D&N against any loss or deterioration thereof or damage thereto, and without prejudice to any other remedies, D&N may repossess those goods at any time from the Buyer, and for that purpose D&N, its agents and servants may enter any premises upon which the goods are situated. In the event of the Buyer reselling any goods delivered to it by D&N before D&N has been paid in full, such part of the proceeds of such resale as are equivalent to the price at which the goods were invoiced to the Buyer by D&N shall be held by the Buyer on trust for D&N and shall be placed by the Buyer in a separate account so as to be identifiable as being in the beneficial ownership of D&N Further, the fact that property in the goods remains D&N’s until the price has been paid in full shall not prevent D&N from maintaining an action against the Buyer for the price of the goods.
6.Notification of Loss of, Damage to, or Non-Delivery of Goods - Claims for damage to or loss of goods in transit must be submitted in writing both to us and to the carrier (if appropriate) as follows:-
a) In the case of non-delivery of the whole of any consignment or of any separate packing forming part of consignment - within 3 days of the date of despatch shown on the invoice or advice note (whichever is the earlier).
b) In the case of damage to or partial loss of the goods or shortages from packages - within three days of delivery. The goods received must have been signed for as damaged or incomplete. Failing which we shall not be liable in respect of any such claim and the goods shall be deemed to have been delivered in accordance with the contract complete and in a satisfactory condition. In no case shall D&N’s liability in respect of claims for damage to or loss of goods in transit extend beyond an obligation either to repair or replace free of charge any such goods or (the election to be D&N’s alone) to pay to the Buyer up to the invoice price of the goods in respect of which a claim is made, and in neither event shall D&N be liable for consequential loss, damage or expense howsoever arising.
7.Returns - We operate a no quibble returns policy, in which customers may return, in an unused, unopened, saleable condition, any products which are not required for whatever reason within a period of 51 days of date of delivery.
a) For persons with valid trade accounts, unless otherwise agreed in writing, payment shall be made at the net invoice value, without any deductions, by the 20th day of the month following the month in which delivery was made, or in which (if ex-works), the goods were ready for collection. Failure by the Buyer to make punctual payment shall entitle us to suspend any outstanding deliveries. We also reserve the right to take appropriate action including, by not limited to, exercising our right to claim interest as laid down by The Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. Any costs involved in taking such actions will be assigned to the debtor.
b) unless a valid trade account has been approved prior to receipt of delivery, payment in full is expected. If you wish to pay by Credit Card, Debit Card or Bank transfer then this needs to be arranged before delivery. Credit Card payments made before receipt of the goods will not attract the handling charge in 10(i)
9.Trade Accounts - You may apply for a trade account, providing suitable references on our standard application form. Trade accounts can be withdrawn at any time, usually for, but not limited to: Regular late payments, Bounced cheques, Not using the facility for 4 months, or Exceeding your credit limit. Should an account be withdrawn, a new account can be requested again, provided once again suitable trade references are obtained.
(i) Should you wish to clear your trade account by Credit Card, a 2% handling charge will be added. Payments by other methods will not attract handling charges.
(ii) Trade accounts are not transferable, and on the sale of the business all monies become immediately payable.
10.Warranty and Exclusions -
a) We undertake that the goods delivered to the Buyer will be of the quality as laid down by the products current specification.
b) The application and use of the goods is the absolute responsibility of the Buyer. Any technical and other advice, information and data provided by us, whether verbally, in writing or by way of trials or tests, is given without warranty and the Buyer shall be deemed to have carried out his own tests to ensure the suitability of the goods for his intended purposes and applications and the Buyer shall be deemed to have placed no reliance on any advice, information or data provided by us.
c) The Buyer must give us immediate written notice containing full particulars of any claim that the goods are not of the proper quality to enable us to investigate the complaint before the remainder of the consignment of goods is used or returned to us. We shall not be liable for any defects in quality in the absence of such immediate notification and, in any event, our liability hereunder or in the case of any other breach of contract or misrepresentation shall be strictly limited to the invoice price of the goods proved by the Buyer to be of defective quality or to be such as to cause us to have been in breach of contract or guilty of misrepresentation and shall not extend to consequential loss of any kind howsoever arising.
11.Contracts Not Assignable - This Contract is between us and the Buyer as principals, and is not assignable without our written consent.
12.Governing Law - This contract shall be governed by and constructed in accordance with the laws of England and the Buyer agrees to submit to the jurisdiction of the English Courts.
13.Insurance - We do not accept any liability for consequential loss.
14.GSCOP - If you are a Designated Retailer (as referenced by The Groceries (Supply Chain Practices) Market Investigation Order 2009) the GSCOP shall be incorporated into these terms and Conditions of Sale in its entirety. In the event of any inconsistency between the terms of GSCOP and these Terms and Conditions, then this document shall take precedence.