Terms and Conditions
1. These Conditions
1.1. These conditions are the only conditions on which we sell goods. Unless otherwise mutually agreed in writing they will apply not withstanding any other terms on which you wish to purchase goods from us. Our depot staff or vehicle driver are not authorised to agree to any other conditions or to vary these conditions.
1.2. These conditions supersede any previous conditions between you and us (whether oral or in writing) and also supersede any previous course of dealing, trade custom or understanding between you and us.
1.3. In these conditions “goods” means all goods sold by us to you, “we/us/our” means f & j arpino limited and “you/your” means the person, company or other legal entity purchasing the goods.
1.4. We reserve the right to suspend delivery in the event that circumstances arise which, in our view, oblige us to do so, or in the event that our accounts are not paid to terms, or your insolvency. We reserve the right to reduce or cancel orders in the event of your insolvency, our inability through shortage of stocks or for any other reason to execute delivery wholly or in part and to make reasonable alterations to products and/or packaging as circumstances may demand. We will not be liable for costs, damages, losses or expenses of any nature resulting from part delivery, suspension of delivery, reduction or cancellation of orders.
1.5. There is no contract between us until we accept your order. Each order is a separate contract.
2.1. Vat will be charged at the rate prevailing at the tax point date.
2.2. If you have been charged an incorrect price we reserve the right to rectify our invoice provided only that any claim in respect of incorrect prices is brought to our attention in writing no later than one working day from the date of the invoice.
2.3. We reserve the right to alter prices without notice.
2.4. All prices are applicable on the date of order.
3. Delivery and Acceptance
3.1. We reserve the right to refuse orders considered economically non-viable, or hazardous to our vehicles or drivers.
3.2. Minimum order value is £1000 excluding vat for all the orders. Orders will be eligible for free delivery within m25 and will be delivered as per our delivery slot or alternatively, customers can collect from our warehouse.
3.3. We aim to deliver within five days after receiving the order from customers. We reserve the right to change the delivery schedule without any prior notice.
3.4. All goods should be examined upon delivery at case level prior to being signed for and (subject to sub-clause 3.5 below) must be signed for upon delivery/collection. You are expected to retain one copy of the receipt note which you sign.
3.5. In the event that upon delivery you discover damaged goods, goods that appear to have been tampered with, shortages or an incorrect delivery, you may return such goods to us on the vehicle in which they were delivered. The annotations or alterations should be noted in the driver’s credit request book (and agreed with our driver). A copy of which should be retained by you. Upon receipt and checking of returns, a credit note will be issued. Damaged goods must be returned in their original, unmarked packaging. All cages and tanks must be checked at the time of delivery.
3.6. Goods delivered which are past their “sell by”, “best before”, “use by” or similar date must also be dealt with in accordance with sub-clause 3.5 or 3.8 as the case may be.
3.7. In the event of non-arrival of the goods or if you learn that they have been lost or destroyed in transit, notice from you of this must be received by us as set out in sub-clause 3.4 above, such notice to be given at the latest the working day after delivery was due.
3.8. In the event that subsequent to the above you discover any further damaged goods, goods that appear to have been tampered with, shortages or an incorrect delivery, you must notify us by phone within one working day of the delivery, setting out full details of damage, apparent tampering, short or incorrect delivery, by way of product description and code. Credit will only be considered by us where these terms are complied with in full. If notification is not received within one working day of the delivery then the goods shall be deemed to have been properly delivered and accepted.
3.9. Bulk purchases – we reserve the right to refuse delivery of bulk purchases. Bulk purchases may incur additional delivery charges. Contact us for details.
4.1. Payments can be made by cash on delivery, online banking or by debit or credit card (credit card is subject to 2% charge). Where our employee accepts any payment our official receipt will be issued. No claims will be accepted for such payments unless supported by our official receipt. Time of payment is of the essence.
4.2. If at any time any invoices are overdue then all unpaid balances owing to us from you shall become immediately due and payable.
4.3. We reserve the right to withdraw and suspend deliveries if circumstances arise which in our view oblige us to do so.
4.4. We shall endeavour to comply with reasonable requests to supply copies of goods receipt notes. This service will be subject to a charge of £5 per copy.
5. Pallets, Containers & Roll Cages
5.1. You will pay us on demand for all pallets, containers & roll cages on or in which you have received goods from us at a cost to us unless they are returned to us within a reasonable time of delivery.
6. Consumer Complaints
6.1. Any consumer complaint concerning any of our goods must be referred directly to us and we will deal with it. We will not accept responsibility for any payment made by you to a consumer in settlement of any such claim.
7. Warranties and Liabilities
7.1. Nothing in these conditions shall affect our implied undertakings given to you under s12 sale of goods act 1979 or your statutory rights under the agriculture act 1970 (as amended).
7.2. Nothing in these conditions shall exclude or limit our liability for death to human beings or personal injury resulting from our negligence.
7.3. Nothing in these conditions shall exclude or limit any liability we may have under the consumer protection act 1987.
7.4. Our liability to you under or in any way related to the sale and purchase of goods or otherwise whether involving our negligence or not shall only extend to giving an appropriate credit for or repayment of the price paid by you for defective goods.
7.5. Nothing in these conditions shall affect your duty to mitigate your losses. Save as set out above we shall not have any liability whatsoever to you under or if any way related to the sale and purchase of the goods or otherwise (whether in contract, tort (including without limitation negligence) or by way of statutory duty) for any claims, loss or damage of any nature whatsoever including without limitation consequential losses of any nature whatsoever.
8.1. These conditions shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.