TERMS & CONDITIONS OF TRADE

DEFINITIONS
In these terms and conditions "the seller" is La Maison des Sorbets (proprietors La Maison des Sorbets Foods Ltd) and "the buyer" is the person, firm or company by whom the purchase order is given. "The "goods" are those products listed on the relevant invoices(s).

NEW ACCOUNTS
The seller will be pleased to open a credit account for the buyer subject to satisfactory credit references being provided and taken up. Trading will initially be on a "cash with order" basis until such time as an account is opened. Payment may be made by cash, cheque, debit card, credit card or BACS. The driver will be instructed to return the goods to seller’s premises if no payment is made is available at time of delivery.

PRICES
Effective prices are those ruling as at the date of delivery. Prices are exclusive of VAT where applicable and are those ruling at the date of despatch. Provided deliveries are made by the seller’s designated transport in standard batch delivery quantities, prices are inclusive of delivery within mainland UK. Where non-standard deliveries are specified by the buyer, carriage will be added at cost. In particular, carriage will be charged for all deliveries of a lower value than £50 for deliveries within the M25 and £100 for deliveries outside the M25 but within the Home Counties.

DELIVERY
Once the frozen goods have been delivered, the seller does not have control of the product temperature which prevents the return of the frozen goods to the seller for re-sale.

DAMAGES, SHORTAGES AND NON-DELIVERIES
The seller will not accept any claim in respect of damage in transit, shortages or non-delivery unless the seller is advised within two working days in writing to our office.

CANCELLATION OF ORDER
No order placed by the buyer can be cancelled without the agreement of the seller.

PAYMENTS
Strictly within 15 days of the end of the month following the date of invoice.
All invoices are payable net, with no deduction for discounts etc. Payment is deemed to have been made when the remittance has been cleared by the buyer’s bank. No deduction in the payment of invoices may be made unless this is authorised by a credit note issued by the seller. Payment will firstly be set against any outstanding credit and collection surcharges, with the balance being allocated to unpaid invoices in date order where possible.

Any account that is not paid in full by the due date will be subject to interest charges of 3% per annum above Barclays Bank interest rate applicable at that time. In the event that legal proceedings are instituted by the seller a collection surcharge of 10% of all sums then due will be added, in addition to all appropriate court fees.

EXCLUSION OF LIABILITY
The seller’s liability in respect of goods proven by the buyer to be defective, is limited to giving the buyer, at the seller’s discretion, a credit note in respect of the defective goods, or replacing the defective goods free of charge. The seller shall not otherwise be liable to the buyer for any other loss, damage, or injury consequential or otherwise arising out of the defective goods, or attributable directly or indirectly to the acts, faults or negligence of the seller or any of the seller’s servants or agents. Nothing in this clause restricts the liability of the seller for death or personal injury caused by the negligence of the seller, its employees or agents or for fraudulent misrepresentation.

PASSING OF RISK AND OWNERSHIP OF THE GOODS
The risk in the goods shall pass to the buyer on delivery of the goods to the buyer or any person employed by the buyer or authorised by the buyer to receive the goods. Ownership of the goods shall remain the legal property of the seller until the seller has received full payment for the goods.

GENERAL
Goods, payments, purchase orders and all communications given by the buyer to the seller, in the field, to the post office, or to any carrier or agency are at the buyer consignor’s risk and will not be deemed to have been received by the seller until they are received at the sellers address.

All orders placed by the buyer are subject to the terms and conditions of trade described above, unless specifically varied in writing and signed in acceptance by the seller. These terms and conditions shall be construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.