Terms of Sale

1. Definitions
1.1 Seller Western Commodities Ltd.
1.2 Buyer The person, proprietor or company as named on the contract/sales invoice.
2. Contracts
2.1 All contracts are subject to these sellers conditions as printed herein unless otherwise agreed and acknowledged in writing by the seller, including any conditions stipulated by the buyer unless specifically agreed in writing. Sellers conditions supersede and override buyers terms and conditions with the exception of the above and or the inclusion of special terms as stipulated by a written sales contract.
3. Quality
3.1 Unless otherwise stated the quality shall be fair average quality (F.A.Q.) for the year of the stated crop for the grade and the country of origin of the product. Due to the nature of the product no guarantee can be given as to the absolute purity of the goods.
3.2 Suitability for the intended use should be checked prior to use by the buyer as no claims will be entertained thereafter. No warranty is given or implied for use of any item. It is the buyers responsibility to ensure that goods purchased or contracted for are suitable for their intended use. No claim can be entertained after the goods have been accepted and used by the buyer or their customers. The sellers do not accept any liability extending to the subsequent work or packing or other costs associated with the goods after acceptance and use.
3.3 It is the buyers responsibility to ensure that suitable provision is made for fumigation of goods from time to time after delivery is taken. The cost of fumigation after delivery is for buyers account.
3.4 Where goods are supplied to a written specification a written order quoting the specification reference should accompany each order/call off.
3.5 In the event of non conformance by the seller delivery is to be accepted, but either an allowance is to be negotiated or arrangements made for return of the goods. A suitable period of time should be allowed (minimum 2 weeks) for inspection of rejected goods by the seller or the sellers representative in the event of a claim or rejection. No claims can be entertained where the goods have for any reason lost their identity, been repacked, moved, or stored in an unsuitable environment.
3.6 Unless specifically implied the seller is unable to warranty the shelf life of goods or that the goods will remain suitable for consumption for any given “best before date”. Suitability for intended use should be checked prior to use. No responsibility can be passed to the seller in this regard.
4. Quantities
4.1 Contracts where the terms “about” ( or other implied terms) are used are said to be within a 10% tolerance of the stated quantity.
5. Pric
e 5.1 All prices are subject to increases in charges beyond the control of the seller and these charges are for the account of the buyer. Such charges include increases in import/export duties levies and or taxes by either the country of origin or destination, value added tax, freight (including bunker adjustment factors), landing and handling charges, insurance and other imposed levies beyond the control of the seller.
6. Payment
6.1 Unless otherwise agreed in writing, or stated clearly in the contract, terms for payment are cleared funds or cash within 28 days of delivery/release ex store.
6.2 A charge of 1% per two weeks or part thereof may be levied for late payment. Represented cheques will incur a charge of 1% of the value of the cheque, plus any bank charges incurred by the seller, plus an additional charge to cover administration equal to that charged by the bank. In the event of cheques being returned a charge of 2% will be made initially with a further charge of 1% for each fortnight thereafter the payment remains unpaid.
6.3 The seller reserves the right to delay or cancel any delivery and or contract where goods or services already supplied remain unpaid after the due date. In the event of the buyer becoming insolvent, or going into liquidation or receivership, or declaring bankruptcy, or entering into any other voluntary arrangement with creditors, the seller reserves the right to cancel or withhold deliveries or contracts without prior notice.
6.4 In the event of the buyer becoming insolvent, or going into liquidation or receivership, or declaring bankruptcy, or entering into any other voluntary arrangement with creditors, the seller reserves the right to dispose of goods left on contract not taken up at the prevailing market level. Any shortfall between this forced sale price and the contracted price shall be for the buyers account.
6.5 The seller reserves the right to delay or cancel any delivery and or contract in the event that the buyers posts adverse financial performance results, or in the event that a credit reference agency or credit insurance provider withdraws or reduces a previously advised credit limit.
7. Force Majeure
7.1 In the event of contingencies beyond the control of the seller (such as fire, accident, war, flood, interruption of traffic or production, lack of shipping space, government restrictions or regulations be it import or export licenses or other restrictions, strikes, lockouts or any other civil disturbance, or any other case of Force Majeure) or any other cause interfering with the production of the goods, including but not limited to default by the sellers supplier, the seller will not be liable for any loss incurred by the buyer directly or indirectly caused by non delivery or delay or postponement or cancellation of any part of any contract or transaction.
7.2 In the event of contingencies beyond the control of the seller in relation to supply of Organic produce or produce from a declared source, including but not limited to default by the sellers supplier, the seller will not be liable for any loss incurred by the buyer directly or indirectly caused by non delivery or delay or postponement or cancellation of any part of any contract or transaction.
8. Delivery
8.1 Shipment dates are given in good faith but cannot be guaranteed. They are an indication only. The seller may at his own discretion make delivery by instalment. Each instalment will then constitute a separate transaction and shall be paid for separately.
9. Loss/Damage
9.1 It is the responsibility of the buyer to ensure that delivery has been made in full and that the goods are full, sound and in good condition. No claims will be entertained where a signature has been given as “Unchecked” or with some other similar reservation. Any claim for short delivery, loss or damage must be notified in writing within 48 hours to the seller, any relevant warehouse and any relevant carrier.
9.2 For goods sold ex store it is the buyers responsibility to inspect the lot within 7 days from the date of release. In the event that goods remain in store for more than 7 days after release, the seller reserves the right to pass on rent for the buyers account. No liability can be accepted by the seller for any loss or damage incurred after the date and time of the release. In the case of ex store sales it is the buyers responsibility to insure the goods and arrange for timely collection.
10. Risk
10.1 All risks pass to the buyer at the point of delivery or release ex store.
11. Containers
11.1 Where delivery is made by shipping containers it is the responsibility of the seller to ensure that the seal is intact at the point of the delivery. If the seal is broken, missing or not affixed this should be clearly noted on the delivery note and written notification passed on to the seller, the haulier and the shipping line on the day of delivery. No claims will be entertained in the event of this procedure not being complied with.
11.2 Any demurrage or other charges incurred as a result of the buyers inability or that of his agents, or contractors, to take delivery of or promptly discharge the container, will be for the buyers account solely. 11.3 Any shortages, damages to the goods or the container, ingress of water etc., must be clearly noted on the carriers receipt. Written notification of such must be passed on to the seller, the haulier and the shipping line on the day of delivery. No claims whatsoever will be entertained in the event of this procedure not being complied with.
11.4 It is the responsibility of the buyer, his agent or contractor to take reasonable steps to substantiate any claims, such as full and comprehensive reports countersigned by the driver, photographic verification of the condition of the goods or of the container etc.
12. Agents
12.1 Where the buyer is acting as an agent on behalf of a principle whether disclosed or otherwise, the buyer is responsible for the performance of the contract in all respects.
13. Law
13.1 All contracts and transactions are governed by English Law and disputes shall be settled in London, England.
14. Disputes
14.1 Any disputes regarding the quality of the goods or the performance of the contract which cannot be resolved shall be settled by arbitration in London in accordance with the rules of the appropriate trade association.
15. Retention of Title
15.1 All goods remain the property of the seller until paid for in full.
15.2 In the event that the buyer fails to pay for the goods the seller reserves the right to lay claim to either the goods supplied, or other goods supplied, or other property belonging to the seller to the value of the goods or services supplied.
15.3 It is the buyers responsibility to keep the goods separate and ready for easy identification until they are paid for in full. In the event that the goods are used in manufacturing before payment is made the sellers rights extend to that manufactured product. In the event of non payment within agreed terms, or in the event of the buyer becoming insolvent, or going into liquidation or receivership, or declaring bankruptcy, or entering into any other voluntary arrangement with creditors, the seller reserves the right to remove goods to the value of the full amount outstanding, whether they be goods remaining unpaid or part paid or fully paid for.

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