b'ASCOTerms & ConditionsTerms & Conditions1. DEFINITIONS - The following expressions in the Terms and5.3 The Goods may be delivered by the Company prior to an agreed Conditions of Sale shall mean respectively; the Company - ASCOdelivery date subject to notice of such delivery being provided verbally Foods Ltd, Registered at Unit 7-8 Amersham Commercial Park,to the Purchaser.Raans Road, Amersham, Bucks. HP6 6FT, registered in England5.4 Goods ordered by the Purchaser and not delivered by the Company 4095454Goods - goods, products, stock, material, services and orwill be deemed unavailable and the Purchaser will be required to assets contracted for and supplied by the Company from time to timereorder those Goods at a future date. The Purchaser indemnifies the the Purchaserthe person, company, partnership or body buying orCompany for non-delivery of ordered Goods.offering to purchase any Goods from the Company 5.5 Where the Company does part (instalment) deliveries of Goods 2. GENERAL - The following are the Companys standard terms andordered, each delivery will constitute a separate contract. Failure by conditions of sale. The Company contracts for the supply of Goods onthe Company on any part will not allow the Purchaser to repudiate the these terms only. The Purchaser accepts these terms will govern allcontract as a whole.relations between Purchaser and the Company, excluding any other5.6 Should the Purchaser fail to accept delivery for Goods or fails to give terms including conditions, warranties, representations written orthe Company adequate notice of delivery instructions, the Company oral, express or implied even if contained in any of the Purchaserswithout prejudice or recourse to any other remedy may;documents stating that the Purchasers own terms shall prevail.5.6.1 Store the Goods until delivered and make reasonable charges 3. QUOTES AND ORDERS including insurance to the account of the Purchaser3.1 Quotations are tendered without engagement and are subject to final5.6.2 Sell the Goods for the best price from a willing buyer and make a credit confirmation upon receipt. Quotations remain valid for a period of 10to the account of the Purchaser for any sales proceeds after storage working days or otherwise as expressed in the quotation. and delivery costs for any surplus over the contract or charge the 3.2 Verbal orders must be confirmed in writing within 5 working days ofPurchaser for any loss incurred by the Company.the original communication unless the requirement is waived by the5.7 None of the Goods are sold on a sale or return basis. The Companys Company in writing or by performance of the verbal order. representatives, employees and agents are not authorised to accept 3.3 Contracts may not be varied or cancelled except with the writtenorder for Goods on sale or return basis. It is the responsibility of the consent of both parties but only on terms which fully indemnifyPurchaser to sell Goods prior to the expiry of any best before or use the Company against any loss caused explicitly by the variation orby date.cancellation. Consent to such will only be deemed valid if provided by a5.8 The Company endeavours to supply Goods in date order of receipt and Director of the Company. uses its best endeavours without liability or obligation therof to supply 3.4 Any representations made about Goods by the Companys employeesGoods with a shelf life of greater than 12 months with a minimum and agents are not valid unless confirmed in writing by the Company.sellable time of 6 months prior to expiry of the best before or use by The Purchaser acknowledges the waiving of any claim for breach ofdate. Seasonal Goods, or those with a shorter shelf life will be sold with any such representations which are not confirmed in writing. minimum sellable time of 3 months prior to expiry of the best before 3.5 Any typo, clerical or other error or omission in any sales quotation,or use by date.literature, price list, acceptance of offer, invoice or other document6. PAYMENTor information issued by the Company shall be subject to correction6.1 The Company may request a deposit from the Purchaser equal to 50% without any liability on the part of the Company. of the contract price, with or in advance of the order. If such sum is not 3.6 The Company will not be held liable for any representations given byreceived by the Company in good time, the Company will cease to be its employees or agents regarding the use, storage or application of anyunder liability to supply the Goods in accordance with the Contract. Goods unless confirmed in writing by the Company. The PurchaserAny deposit received by the Company will be placed in the Companys acts at their own risk if they follow or act upon any such guidance. current account and any interest earned (subject to tax) will be payable 3.7 The Company reserves the right to modify any Goods without priorto the Company.notice subject to the any modification not affecting the form, fit,6.2 The Company may invoice partial deliveries if the Company deems function or maintenance of the subject Goods. partial delivery necessary or appropriate.4. PRICES 6.3 Credit terms are granted by the Company on the receipt of satisfactory 4.1 All prices quoted are ex-works unless otherwise agreed and excludereferences or after a period of satisfactory trade with the Purchaser.VAT at the prevailing rate and any other sales taxes the Purchaser may6.4 Where credit terms are not offered by the Company, all Goods are be required to pay to the Company. supplied to the Purchaser on a prepayment or cash on delivery 4.2 The Company reserves the right to amend the price of a contractbasis. Any cash collected by the Companys representatives must be between the date of acceptance and the date of delivery of Goods ifacknowledged by a signed receipt for retention by the Purchaser. The the Company considers such action to be deemed necessary due toabsence of such receipt will deem the debt outstanding.factors beyond the control of the Company (such as but not limited to6.5 Where the Purchaserforeign exchange rate fluctuation, changes in import taxes, increase in6.5.1 is overdue with any payment to the Company, orthe cost of performing the order such as labour and/or fuel and/or raw6.5.2 shall have failed to take delivery of Goods, ormaterials and/or other cost of production). 6.5.3 makes default in or commits any breach of its obligations to the 5. DELIVERY AND COLLECTION OF GOODS Company hereunder or5.1 Delivery of the Goods will be made by the Purchaser through collection6.5.4 becomes bankrupt, insolvent or has a petition presented in respect of from the Companys premises once the Goods are ready for collection.an administration order or winding up order in respect of it or has a Subject to prior arrangement, the Company can arrange for the Goodsreceiver appointed of its assets or execution or distress is levied upon to be delivered to another place specified by the Purchaser. its assets or under the relevant national law of its own country suffers 5.2 Any delivery times quoted are an estimate only. The Purchaser willthe equivalent of any of them or takes any steps with a view to entering indemnify the Company for any loss or damage should the estimatedinto a voluntary arrangement with its creditors (within the meaning of delivery time not be met. the Insolvency Act 1986), orVisit us online at: www.ascofoods.com@ascofoods 99'