The following terms and conditions shall apply to and be deemed to be incorporated in all contracts for the sale of goods between Dugdale Nutrition Ltd. and associated Companies (‘’the Seller’’) and the party by whom an order is placed (“the Buyer’’) and accepted by the Seller. The Buyer authorises the Seller to disclose any information relating to the Buyer or the Buyer’s account to any third party (including a credit reference agency) subject to the provisions of the Data Protection Act 1998.
Orders are accepted only upon and subject to these terms and conditions.
Any times quoted for delivery are estimates only and the Seller shall not be liable for failure to deliver and the Seller may deliver within any reasonable time.
Contracts may be subject to variation and cancellation due to any war, strike, fire, flood, drought etc, or any cause beyond our control owing to the inability to procure materials to affect the contract or delivery to the Buyer’s premises.
Nature of Goods
a) The Seller undertakes to manufacture goods supplied to the Buyer in accordance with the requirements of The Animal Feed (England) Regulations 2010 (or any statutory modification or re-enactment thereof from time to time in force) and to make any statement or declaration required pursuant thereto provided that the Seller shall at all times reserve the right in its sole discretion to amend the terms of any such statement or declaration proposed by the Buyer if in the opinion of the Seller such amendment is necessary or desirable in order to ensure compliance with any legal requirement.
b) The Buyer undertakes to make no representation, promise, statement, guarantee, warranty, condition or other term which shall or may conflict with any statement or declaration made or to be made by the Seller pursuant to sub-clause (a) hereof.
c) The Seller accepts no liability of whatsoever nature in respect of any declaration with regard to the goods executed by the Buyer or any third party and without prejudice to the generality of the foregoing the Buyer shall obtain the consent of the Seller prior to executing any declaration in respect of goods manufactured and/or supplied by the Seller.
The Buyer and Seller have freely and openly negotiated the Contract in the knowledge that the liability of the Seller is to be limited in accordance with these terms and conditions and the price has been negotiated accordingly. The Buyer acknowledges that a higher price would be payable but for such limitation.
It is intended that these terms and conditions shall be reasonable as between the Buyer and the Seller, having regard to the nature of the Contract, but if at any time any of these terms and conditions is either unenforceable or void at law, it shall not adversely affect or prejudice the remainder of them or the Contract and is shall be deemed to be excluded from these terms and conditions and (where possible) to be replaced by such after other enforceable and valid term or condition as shall be as near as may be to the original in both form and effect.
a) The property in the goods shall remain in the Seller until the Seller has received payment in full for all goods supplied by the Seller to the Buyer at no greater cost than the goods the subject matter of the contract.
b) If the Buyer shall sell or otherwise dispose of the goods before payment in full has been made to the Seller, the Buyer shall in such case act on its own account and not as agent for the Seller and shall hold all monies received by him from such sale or disposal in trust for the Seller and shall on request furnish the Seller with the names and addresses of the persons to whom such disposals have been made together with all necessary particulars to enable the Seller to recover any outstanding monies due from such persons.
c) So long as the property in the goods shall remain in the Seller, the Buyer shall hold the goods as bailee for the Seller and store the goods so as to clearly show them to be the property of the Seller and the Seller shall have the right without prejudice to the obligations of the Buyer to retake possession of the goods and for that purpose to go upon any premises occupied by the Buyer.
Risk and Insurance
Notwithstanding that the property in the goods may not have passed, the Buyer shall carry all risk of loss and damage to the goods from the earliest of the following:i) Delivery of goods to the Buyer. ii) The weighing over of the goods to the Buyer.
If the Buyer:
<!--[if--><!--[endif]-->< /><!--[if--><!--[endif]-->ii) Commits any act of bankruptcy, makes an arrangement of composition with creditors or suffers any distress or execution; or <!--![endif]--><!--![if--><!-- --><!--[if--><!--[endif]-->iii) Resolves or is ordered to be wound up or has a receiver appointed;<!--![endif]--><!--![if--> then in any such event the Seller shall have the right (without prejudice to any other rights or remedies whether at common law pursuant to statutory provision or hereunder) to cancel any uncompleted order and to withhold or suspend delivery of further goods and demand payment forthwith for all sums due by the Buyer to the Seller including interest as herein provided.
b) In the event that the Seller exercises any rights it may have to stop goods in transit because of the Buyer’s financial condition, the Seller may at its option sell such goods at public or private sale without notice to the Buyer and without affecting the Seller’s rights to hold the Buyer liable for any loss or damage caused by breach of contract by the Buyer.
Where goods are delivered on pallets, the pallets remain the Seller’s property and are returnable.
All sales of bulk products are made on the basis of the weight as ascertained on the Seller’s weighbridges and a copy of the Weighbridge Ticket in respect of each load will be given to the Buyer or the Buyer’s Representative.
The Seller is not responsible for delay in delivery, non-delivery or short delivery due either directly, or indirectly to shortage of raw materials, breakdown of machinery or accident of any kind at factories, fire. war, strike, lock-out or any other contingency of any kind whatsoever beyond the control of the Seller, and the Seller shall not be liable to the Buyer for any loss or damage suffered In consequence.
The products shall be accepted by the Buyer as delivered. All shortages, faults and defects, if any, attributable to the Seller shall be allowed for by valuation to be arranged mutually or in default of such arrangement by arbitration. The Seller shall not be liable for any such defect, shortage and faults unless the Buyer shall send written notice of same, received by the Seller within 7 days of receipt of goods. Any claims relating to animal health shall be supported by written veterinary evidence.
Terms of Payment
Subject to any special terms agreed in writing between the Seller and the Buyer the Seller shall be entitled to invoice the Buyer for the price of the goods on or at any time after delivery/collection.
The Buyer shall pay the price of the Goods according to the stated payment terms.
Incentives may be offered for prompt payment in which case these will be indicated on the invoice for the goods.
Any variation in the terms of payment will be shown on the invoice for the goods.
Remittances must be sent to the Accounts Department at the address of the Seller shown. Cheques, money orders and postal orders must be made payable to the Seller and not to an individual.
If the Buyer fails to make payment in accordance with the stated payment terms then, without prejudice to any other right or remedy to the Seller, the Seller shall be entitled to:
(a) Cancel the contract or suspend any further deliveries to the Buyer;
(b) Appropriate any payment made by the Buyer so such of the goods as the Seller thinks fit;
(c) Charge the Buyer interest up to the maximum allowable by law both before and after judgement, where applicable;
(d) Reclaim any costs incurred in relation to debt recovery expenses caused by the Buyer through default of payment.
The Seller reserves the right to ‘Set Off’ any payments made by the Buyer and to utilise any monies owed by the Seller on any account whatsoever to the Buyer in full or partial satisfaction of any debt owed by the Buyer to the Seller.
If the Buyer is in default of his obligations to make payment then the Buyer shall indemnify the Seller against all costs and expenses reasonably incurred by the seller in connection with the collection of all sums due and this provision shall be in addition to all other obligations for payment.
In the event of a cheque not being cleared by our bankers a charge of £30 will be made for each unsuccessful presentation.
Where interest or bank charges invoices are on the account the Seller retains the right to allocate any payments firstly to these items and the remaining balance to pay the oldest invoice(s)
Invoices are due for payment in date order and the Seller reserves the right to allocate monies received from the Buyer accordingly.
These terms and conditions and the Contract shall be construed and take effect in accordance with the Law of England.
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of Goods that are liable to deteriorate or expire rapidly or any Goods which become mixed inseparably with other items after their delivery.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
(a) If your Contract is for a single item (which is not delivered in instalments on separate days), the end date is the end of 14 days after the day on which you receive the Goods.
(b) If your Contract is for either one item (which is delivered in instalments on separate days) or multiple items (which are delivered on separate days), the end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered.
To cancel a Contract, you just need to let us know that you have decided to cancel, as set out above.
If you cancel your Contract we will:
(a) refund the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop (such as by opening any sealed food containers). If we refund the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid.
(c) make any refunds due to you as soon as possible and in any event within the following deadlines:
(i) if you have received the Goods: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us; or
(ii) if you have not received the Goods: 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Goods to us under this clause 5 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will make any refund to the credit card or debit card or PayPal account used by you to pay.
If Goods have been delivered to you before you decide to cancel your Contract:
(a) Then, unless we otherwise notify you, you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You should send it back to us at WuffitMix, Dugdale Nutrition, Bellman Mill, Salthill, Clitheroe, Lancashire, BB7 1QW.
(b) unless the Goods are faulty or not as described you will be responsible for the cost of returning the Goods to us.
Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.