TERMS OF TRADE
HOURS OF BUSINESS 9.00am - 5.00pm Monday to Friday.
We supply trading businesses only and reserve the right to refuse trade to any customer or potential customer.
Please note the goods we supply must be for business use.
ORDERS FOR DELIVERY This service is free of charge provided our minimum order values are met: these are published in our price list.
We reserve the right to refuse delivery if our terms of trade are not met.
Deliveries are made throughout the day and specific times cannot be provided.
Delivery times may vary from week to week.
PRIORITY SERVICE Priority service orders enable us to call customers with shortages and possible substitutions.
Orders placed on the day before delivery are subject to our Standard service.
Customers who wish to make additions to orders may do so before 3.30pm on the day before delivery.
Details of Priority service versus Standard service are published elsewhere in this price list.
ORDERS FOR COLLECTION Please note that we will only process invoices for Collated goods up until 5.00pm.
For a Minimum order value of Â£40.00 for business accounts we can collate goods for you to collect.
The last order time for same day collection is 2.30pm, orders placed after this time will be ready for collection the following working day.
For buying groups we can collate goods for you to collect but the minimum order value will remain the same as for delivered orders.
DISCOUNTS Our discount scale is based on order value and delivery or pick up details.
Please ask Sales about the discount we can offer you.
PAYMENTS We are no longer able to accept cash payments.
Please pay by cheque on delivery, unless prior arrangements have been made.
Returned or represented cheques are liable to a minimum charge of Â£10.00.
Payment by Bank transfer, Debit card, Credit card or by Direct Debit may be arranged through Customer Accounts, please call 0845 458 1460 for further details.
All goods remain the property of Essential Trading until paid in full.
Prices and pack sizes are correct at the time of going to print and are subject to market change without notice.
INVOICE SIGNING All orders must be checked and signed for at the time of delivery/collection by the customer or their agent and an Essential Trading member of staff.
Any errors will be noted at the point of delivery/collection.
Please note that once a signature has been received we will not accept liability for errors.
CREDIT CLAIMS By prior agreement with our credit claim department only.
We reserve the right to dismiss claims.
We do not give cash refunds.
Please refer to the claims procedure described in the previous pages.
RETURNS By prior agreement with our credit claim department only.
We do not offer goods on a sale or return basis.
We reserve the right to dismiss requests for the return of goods.
LATE CANCELLATION In the unlikely event that you find you no longer require your order and you wish to make a cancellation please be aware that we reserve the right to charge a cancellation fee.
The fee is only applicable on orders cancelled with less than 24 hours notice from the date of delivery or collection.
The cancellation charge levied will be equivalent to 20% of the order value to reflect our lost time in collating and loading the order.
Where more than 24 Hours notice is given then we may be able to cancel an order without charge.
SPECIAL ORDER ITEMS We can obtain items for you which are not part of our normal stockholding.
However if goods are ordered in this way, we ask customers to guarantee purchase of the goods once they have arrived at our depot.
We cannot accept return of Special Order items.
Please note these items may take over four weeks from ordering to delivery.
BUYING GROUPS For a buying group account the requirements are:
minimum of four different households to form the group, payment on delivery by cheque or prior to delivery by credit/debit card, single delivery address suitable for a large lorry to deliver.
We ask for your group to be open to new people joining, who live in your area, Â£250 minimum order required for delivery, and also for collected orders at our warehouse (minimum order may vary depending on location for delivery).
Please note there are no further discounts available for Buying Groups - you will be purchasing from a Wholesale Catalogue at Wholesale prices.
CONDITIONS OF SALE
1.1 "The Seller" means Essential Trading Co-Operative Ltd.
1.2 "The Buyer" means the person, firm or company named as such on the invoice.
2.OTHER TERMS OR REPRESENTATIONS
2.1 All contracts are subject to the seller's conditions of sale as printed herein.
2.2 The seller shall not be bound by any variation, waiver or addition to these
terms unless the same is agreed in writing.
2.3 These conditions shall supersede and override any conditions of purchase stipulated
by the buyer except and to the extent that any conditions of purchase are agreed
in writing by the seller.
3.DESCRIPTION AND QUALITY
3.1 Unless otherwise stated the quality shall be equal to the fair and average quality
of that particular year's crop.
3.2 Due to the nature of many of the products sold by the seller, no guarantee can
be given of 100% purity.
3.3 The seller is unable to make condition or warranty as to the suitability of
goods for any particular purpose and it shall be the buyer's responsibility to ensure
that any goods contracted for or supplied are suitable, or put them into such a
condition as will render them suitable, for any particular purpose.
3.4 Due to the perishable nature of the goods sold, the seller is unable to make
condition or warranty as to the length of time for which goods will remain fit for
consumption. It is the responsibility of the buyer to ensure that goods are fumigated
3.5 Should any goods not conform to their description or sample or not be of merchantable
quality then such goods shall be accepted, but a fair allowance shall be made which
shall be the buyer's sole remedy. Such allowance to be limited to the appropriate
proportion of the purchase price. The buyer shall forfeit the right to claim such
an allowance if the claim is not made within seven days of delivery.
3.6 When the condition of any goods is changed by virtue of processes initiated
by buyers/receiver, the goods are deemed to be accepted and no claims can then be
4.1 The quantities contracted for sale are estimated. The words "about" or "more
or less" or similar words when applied to the contract quantity mean that the quantity
to be shipped or delivered will not be more than 10% more or less than the quantity
5.1 The price of any contract is based on current costing. Should the price to the
seller be increased due to any increases in freight, duty, levy, minimum import
price, value added tax, insurance, transport, landing or warehousing or other charges,
then such increases shall be for the buyer's account.
6.1 All goods shall be paid for at the time of receipt, unless previously arranged
6.2 There will be a charge of 1% (with a minimum charge of Â£5) for every two weeks,
or part thereof, delay in payment. Cheques returned to the seller will be charged
at 1% of cheque value (minimum charge Â£10), plus 1% of cheque value (minimum charge
Â£5) for each representation.
6.3 Payment by cheque or any other negotiable instrument will be deemed conditional
7.RIGHTS TO TERMINATE OR DELAY
7.1 The seller shall have at any time the right to demand from the buyer payment
of all overdue accounts, whether for goods supplied under this or any contract of
sale and in the event of the buyer failing to comply with such a demand, the seller
may delay delivery until such overdue accounts are paid.
7.2 If the buyer should become insolvent, go into or be placed in receivership or
liquidation, has suspended payment of debts or is making any arrangements with creditors
the seller may, without prejudice to any other right which s/he may be entitled
hereunder or otherwise, terminate the contract forthwith (or upon notice as the
seller thinks fit).
8.1 In the event of contingencies beyond the control of the seller (such as fire,
accident, war, flood, interruption of traffic or of production, lack of shipping
space, regulations or restrictions by any Government, alteration of regulations,
lack of import or export license, strikes, lock-outs, civil disturbances or any
case of Force Majeure) or of any other cause interfering with the manufacture or
delivery of the goods, the seller will not be liable for any loss caused by non-delivery
or delay, or postponement of delivery.
9.1 Shipment and delivered dates are given in good faith, but are only estimates
made by the seller and are not guaranteed.
9.2 The seller may, at its sole discretion, make any delivery by instalments.
9.3 Where delivery is made by instalments each delivery shall be considered a separate
contract, and each instalment shall be paid for separately.
10.LOSS OR DAMAGE
10.1 It shall be the responsibility of the buyer to notify the carrier, warehouse
and seller of any loss or damage to goods in writing within seven days from the
date of delivery, or if goods are sold ex-store the within seven days of the date
of delivery order.
10.2 The buyer shall be debarred from recovering any losses resulting directly or
indirectly from any loss or damage if s/he fails to comply with 10.1.
10.3 In any event the seller shall not be liable for loss of profits or consequential
loss or damage howsoever caused or occasioned.
11.1 Any demurrage caused or resulting from the buyer being unable to take delivery
or arising from the detention of containers at the buyer's premises or the premises
of their agents or contractors shall be for the buyer's account.
11.2 The buyer is responsible for ensuring that the seal affixed to the container
is affixed and intact at the time of delivery and when a seal is broken or missing
at the time of delivery this must be noted on the carrier's receipt. In the absence
of such notification no claim whatsoever shall be entertained by the seller.
11.3 Any deficiencies, shortages or damages must be noted clearly on the carrier's
receipt at the container is accepted and unloaded.
11.4 Any claim in writing must be made to the carrier and the seller on the day
12.PROPERTY AND RISK
12.1 Property in the goods shall remain with the seller until the buyer has made
full payment for them.
12.2 Until property passes to the buyer the buyer shall keep the goods separate
and readily identifiable as the property of the seller.
12.3 Property in the goods shall not pass to the buyer until the buyer has discharged
all outstanding liabilities to the seller.
12.4 If, before property passes to the buyer, the buyer sells the goods the buyer
shall receive the proceeds of sale thereof on trust for the seller and shall keep
such monies separate from other monies.
12.5 Risk to the goods shall pass to the buyer on delivery or upon the seller issuing
a delivery order in favour of the buyer.
13.1 Where the buyer is acting on behalf of a principal, whether disclosed or not,
the buyer shall be personally responsible for the performance of the contract by
14.1 This contract shall be governed by English law.
15.1 Any dispute arising out of this contract shall be settled by arbitration in
Bristol in accordance with the rules of the appropriate trade association.