Terms & Conditions of Sale
TERMS AND CONDITIONS OF SALE
The Organic Herb Trading Company Ltd
1 APPLICATION OF CONDITIONS:
All herbs (“the Goods”) sold by The Organic Herb Trading Company (“we”, “us”, “the Company”) are sold under these Conditions unless otherwise clearly stated in writing under a separate contract. These Conditions will apply to the exclusion of any terms or conditions put forward by the Customer. No other representation by the Company should be deemed to constitute the acceptance of any terms or conditions other than these Conditions.
2 PRICE LISTS AND SALES LITERATURE:
Prices given in our price lists or other sales literature are for information purposes only, and do not constitute an offer of contract. No contract will come into existence until the customer's order (however given) is accepted. Invoices will be raised for prices current at time of order.
While every effort is made to deliver goods at the prices listed, all prices quoted are subject to alteration without notice to take account of fluctuations in the cost of labour, goods, rates of exchange, import duty and any other cost that The Company may incur in the normal course of business.
Except as otherwise stated in any quotation or price list of the Company, or as otherwise agreed in writing, all prices are given by the Company on an ex-works basis and exclude transport.
Our standard terms are FOB at our dock. Any dates quoted for delivery are approximate only. We will use reasonable endeavours to effect delivery on agreed dates based on information available at time of quoting; we accept no responsibility for any loss resulting from delays to delivery or from any deterioration in quality resulting from such delays.
For non-account Customers payment is required in cleared funds before despatch. For account Customers payment is due within 30 days from invoice date and goods will not be released if overdue balances have not been paid.
6 OWNERSHIP OF GOODS:
Under our standard terms the responsibility ownership and risk of the goods pass at the point of delivery.
7 DAMAGED GOODS & SHORT ORDERS:
Any claim that goods have been delivered damaged, are not of the correct quantity or do not comply with their description must, unless notified to the carrier at the time of delivery, be notified by the Customer to the Company in writing within 3 days of their delivery.
We will be under no liability for any defect in the goods (including, but not limited to, infestation or mould) arising from incorrect storage by the Customer. Dried herbs stored in optimum conditions will remain active for long periods. They should be kept in airtight, opaque containers in a cool place and out of direct sunlight.
Every effort is made to ensure the goods supplied are of high quality and in good condition. If we are satisfied that the products have been stored in optimum conditions and the Customer finds the quality unacceptable, we will at our discretion refund the cost or exchange the goods up to three months from date of delivery. The Company must be afforded a reasonable opportunity and facilities to investigate any claims made under this condition.
10 SEASONAL SHORTAGES & OUT OF STOCKS:
Please note that some herbs are subject to seasonal shortages. While every effort is made to keep our complete range of products in stock, we do not accept any responsibility for loss resulting from any out of stock items.
11 PRODUCT SUITABILITY:
Our products are used for a wide variety of purposes. It is the responsibility of the Customer to ensure the products are appropriately used. All representations, warranties, conditions or terms relating to fitness for purpose, are excluded to the fullest extent permitted by law and the Company accepts no liability.
The Company and its suppliers may handle celery and mustard products on their premises. Whilst procedures are in place to avoid cross-contamination no guarantee is made by the Company that our products are free from these allergens. Where a product is required to be guaranteed free from specific allergens by a Customer this may be quoted for as a separate tested item from those found in our standard range, at the discretion of the Company.
13 FORCE MAJEURE:
The Company shall not be responsible for any loss to the Customer resulting from delivery being affected by war, strikes, fire, change in government policy, act of God or any other circumstance beyond its control.
14 CONSEQUENTIAL LOSS:
The Company will not accept liability for any loss of profit, business, contracts, revenues or anticipated savings, or for any indirect or consequential loss and/or expense (whatever the cause, including negligence) that may be suffered by a Customer after delivery.
15 INSOLVENCY OF CUSTOMER:
If the Customer fails to make payment when due or makes any arrangements with its creditors or becomes bankrupt or goes into liquidation (or the Company reasonably apprehends that any of these events are about to occur) we may in our absolute discretion suspend all further deliveries of goods and/or terminate the contract, without liability on our part. If the goods have been delivered but not paid for, the price will become immediately due and payable.
16 CONSUMER TRANSACTIONS:
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements Order 1976) the statutory rights of the Customer are not affected by these Conditions.