Terms and Conditions of Sale

  1. These terms and conditions of sale apply to all contracts of sale entered into by Marathon Food Ltd ("the seller"). Notwithstanding any conflict with any terms and conditions specified by the buyer in the buyer's order form or otherwise, the seller's acceptance of the buyer's order is on the condition that only these terms and conditions shall apply to the order. By acceptance of deliveries, the buyer shall be deemed to accept the terms and conditions contained herein. Failure by the seller to object to any term and condition contained in any communication from the buyer shall not be deemed to be a waiver of these terms and conditions.
  2. All orders are accepted subject to the availability of the goods at the time of despatch.
  3. Unless otherwise stated, prices quoted are delivered to the buyer's premises.
  4. All delivery dates are given in good faith, the seller shall not be liable for failure or delay in delivery due to circumstances beyond the reasonable control of the seller. In the event of any such delay the date of delivery shall automatically be extended.
  5. All pallets are returnable. A charge of £10.00 per pallet will be debited if they are not returned in good condition within 21 days. Alternatively, sound exchange pallets may be returned to the seller at the time of delivery.
  6. The seller shall have the right to make, and the buyer shall accept, delivery by instalments of the goods ordered by the buyer.
  7. Goods once sold are not returnable. Any discrepancy, damage or shortage of goods must be notified immediately in writing on receipt of goods. Any defect in goods if not notified immediately must be notified in writing within 24 hours from the date of receipt of goods.
  8. No goods shall be returned to the seller without prior written authorisation of the seller.
  9. Order will be accepted subject to the satisfactory credit status of the buyer and the seller reserves the right to terminate the contract in the event of the credit status of the buyer, ceasing to be satisfactory to the seller.
  10. The goods will be supplied substantially to the specification described in the price list. In the event of alteration to the weight or the packaging specification, orders will be delivered and invoiced accordingly.
  11. In the event of any goods being returned, the seller reserves the right to charge the cost of carriage, handling and any other expenses which may be incurred.
  12. Each delivery of the goods being returned, the seller reserves the right to charge the cost of carriage, handling and any other expenses which may be incurred.
  13. Payment shall be made by the buyer to the seller in accordance with terms agreed beforehand with the seller.
  14. The property in the goods herby invoice shall not pass to the buyer until receipt by the seller of all sums due to the seller, whether due under this invoice or under any contract to which this invoice relates or under any other contract between the seller and the buyer, notwithstanding that the seller has given to the buyer prior permission to resell the goods and/or documents of title to the goods. Any cheque given by the buyer in the payment of any sum due to the seller shall not be treated as received by the seller until such cheque is cleared.
  15. The sellers shall be entitled to charge interest at the rate of 24% per annum on any Invoice or upon the balance of any Invoice outstanding for a period in excess of any agreed period mentioned on the Invoice.
  16. The buyer herby agrees that in the event that any cheque, Bill of Exchange, Promissory Note or either negotiable instrument is dishonoured to the sellers Bank unpaid for any reason the seller shall be entitled to debit the buyers account with the sum of £35.00 for each representation. In the event that the charges mentioned herein as debited to the buyers account remain unpaid for the period agreed in the Invoice the seller shall be entitled to charge interest at the rate of 24% per annum.
  17. If the goods or any part thereof supplied under the contract are processed, altered or tampered with in any way by the buyer or receiver of the goods or ay other person, the quality of the goods shall be deemed acceptable to the buyer. All customer's quality control checks are to be completed on the entire load prior to use in production.
  18. This contract shall be governed by and constructed in accordance with the law of England whose Courts shall have exclusive jurisdiction to which the buyers and sellers herby submit.