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1 DEFINITIONS AND
INTERPRETATION
In these
Conditions:
“Customer”
means any person or organisation with
whom the Company enters into an
Agreement subject to these Conditions;
“Company”
means The Top Table Catering Co Ltd of 5
School Road, Sale, Cheshire. M33 7XY.
Registration number 3885271;
“Agreement”
means any agreement made subject to
these Conditions that shall incorporate
these Conditions;
"Conditions"
means these standard terms and
conditions of sale and (unless the
context otherwise requires) includes any
special terms and conditions agreed in
writing between the Customer and the
Company;
“Accepted
Order” means an Order, which has
been accepted by the Company, acceptance
being indicated by acknowledgement by
“The Company”
2. COMPLETE
AGREEMENT
2.1
These Conditions shall govern the
Contract to exclusion of any other terms
and conditions between the Company and
the Customer and no variation to the
Contract or these Conditions (including
the incorporation of the Customer's
standard terms and conditions of
business) shall be binding upon the
Company unless agreed in writing by the
Company and signed by a Director of the
Company.
2.2 The Company's employees agents or
representatives are not authorised to
make any representations concerning the
Goods unless such representations are
confirmed in writing by a Director of
the Company.
2.3 Any typing clerical or other error
or omission in any catalogue, sales
literature, price list, despatch note,
invoice or other documentation or any
information issued by the Company ( in
whatever form and on whatever media)
shall be subject to correction without
any liability on the part of the
Company.
3. CONTRACT
3.1 No order
submitted by the Customer shall be
deemed to be accepted by the Company
until the Goods have been despatched by
the Company and an invoice issued to the
Customer.
3.2 The Customer shall be responsible
for ensuring the accuracy of any order
submitted by the Customer including
confirming in writing any telephone
orders and or giving the Company any
necessary information relating to the
Contract and delivery (as the case may
be) within a sufficient time to enable
the Company to deliver the Goods to the
premises notified to the Company by the
Customer.
3.3 Written confirmations of any
telephone orders shall clearly indicate
that they are only confirming earlier
telephone orders and shall contain
details of the Customer's account number
and purchase order number.
4. PRICE
4.1 The price of
the Goods shall either be the price
payable for the Goods at the time of
acceptance of the Customer's order in
accordance with the provisions of Clause
3.1 or in cases where the Customer has
paid for the Goods by credit card or
cheque and payment has cleared the price
paid for the Goods by the Customer at
the time when payment cleared subject to
the Company reserving the right by
giving notice in writing to the Customer
at any time before delivery to increase
the price of the Goods to reflect any
increase in the cost of the Goods to the
Company which is due to any matters
beyond the Company's reasonable control
including (without limitation) any
increase in Value Added Tax (VAT),
transport costs, carriage, postage and
packaging and any other applicable
duties and taxes.
4.2 All prices stated in any Company's
catalogue, sales literature, price lists
or other documentation ( issued by the
Company from time to time in whatever
form and on whatever media) may be
altered by the Company at any time
without giving notice to the Customer.
4.3 The price for any Goods quoted in
any catalogues sales literature or price
lists is exclusive of any applicable VAT
and delivery and any other duties taxes
and applicable charges in relation to
the Goods which the Customer shall
additionally be liable to pay to the
Company.
4.4 The price for the Goods stated in
any invoice shall be exclusive of VAT.
4.5 The Customer shall be liable for
any reasonable costs incurred by the
Company in the event of variation,
suspension or cancellation of any order
by the Customer.
5. TERMS OF
PAYMENT
5.1 Subject to any
other provisions in these Conditions all
invoices shall be paid by the Customer
within thirty days of the date of the
Company's invoice.
5.2 The time of payment of any invoice
shall be of the essence of the Contract
and receipts for payment shall be issued
to the Customer only upon request.
5.3 If the Customer fails to make any
payment on the due date then (without
prejudice to any other rights or
remedies the Company may have) the
Company shall be entitled to:
5.3.1 Cancel the Contract or suspend any
further deliveries to the Customer; and
5.3.2 Charge interest on a day to day
basis on all overdue sums owing to it
under these Conditions at the rate of 4
per cent over the base rate of the
National Westminster Bank Plc from time
to time and interest shall be calculated
from the date the sums in question were
payable to the date on which payment is
made in full whether before or after
judgement.
5.4 Non-account customers are required
to pay the Company for all orders for
Goods in full by cash or cheque upon
delivery. |