Terms and Conditions of Sale
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1. Application of ConditionsAny and all materials, be they herbs, spices, nuts, confectionery etc. ("the Goods") sold by CDP Products ("the Company", "we", "us") are sold under these conditions unless it is otherwise clearly stated in writing under a separate contract. These Conditions will apply to the exclusion of any terms or conditions put forward by the Customer. No conduct by the Company will be deemed to constitute the acceptance of any terms or conditions other than these Conditions.
2. Price Lists and Sales Literature
Prices given in our price lists or other sales literature are for information purposes only, and do not constitute an offer. No contract will come into existence until the Customer's order (however given) is accepted. Invoices will be raised for prices current at the time of order.
3. Carriage
Except as otherwise stated in any quotation or price list of the Company, or as otherwise agreed in writing, all prices are given by the Company on an ex-works basis and exclude transport.
4. Delivery
Any dates quoted for delivery are approximate only. We will use reasonable endeavours to effect delivery on agreed dates based on information available at the time of quoting; however we accept no responsibility for any loss resulting from delays to delivery or from any deterioration in quality resulting from such delays.
5. Payment
For non account Customers payment is required in cleared funds before despatch. For account Customers payment is due within 30 days of receipt of order and time for payment is of the essence.
6. Ownership of goods
Goods remain the property of CDP Products until paid for in full. Risk passes on delivery of the Goods. We may not sue for the price of the Goods notwithstanding that ownership has not passed.
7. Damaged Goods & Short Orders
Any claim that goods have been delivered damaged, are not of the correct quantity or do not comply with their description must, unless notified to the carrier at the time of delivery, be notified by the Customer to the Company in writing within 3 days of their delivery.
8. Storage
We will be under no liability for any defect in the Goods (including, but not limited to, infestation or mould) arising from incorrect storage by the Customer. Goods supplied as dried herbs will remain active for long periods when stored under optimum conditions. They should be kept in air-tight, opaque containers in a cool, dry place and out of direct sunlight.
9. Quality
Every effort is made to ensure that the Goods supplied are of high quality and in good condition. If we are fully satisfied that the products have been stored under optimum conditions and the Customer is not fully satisfied with their quality, we will, at our own discretion, refund the cost or exchange the goods up to three months from the date of delivery. The Company must be afforded a reasonable opportunity and facilities to investigate any claims made under this condition.
10. Seasonal Shortages & Out of Stock Products.
Please note that some herbs are subject to seasonal shortages. While every effort is made to keep our complete range of products in stock, we do not accept any responsibility for loss resulting from any out of stock items.
11. Product Suitability.
Our products are used for a wide variety of purposes. It is the responsibility of the Customer to ensure that the products are appropriately used. All representations, warranties, conditions or terms relating to the fitness for purpose are excluded to the fullest extent permitted by the Law and the Company accepts no liability.
12. Force Majeure.
The Company shall not be responsible for any loss to the Customer resulting from delivery being affected by war, strikes, fire, changes in government policy, act of God or any other circumstances beyond its control.
13. Consequential Loss
In no event will the Company be under any liability whatsoever to the Customer for any loss of profit, business, contracts, revenues or anticipated savings, or for any indirect or consequential loss and/or expense (whatever the cause, including negligence) suffered by the Customer.
14. Insolvency of Customer.
If the Customer fails to make payment when due or makes any arrangements with its creditors or becomes bankrupt or goes into liquidation (or the Company reasonably comprehends that these events are about to occur) we may in our absolute discretion suspend all further deliveries of goods and/or terminate the contract without liability on the Company's part. If the Goods have been delivered but not paid for, the price will become immediately due and payable.
15. Consumer Transactions
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions {Restriction on Statements} Order 1976) the statutory rights of the Customer are not affected by these Conditions.
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