General Terms and Conditions of Sale

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General Terms and Conditions of Sale

Definitions

In these conditions unless the context cannot so admit: (a) “GWF Nutrition” means GWF Nutrition Limited - registered in England no. 1042610. (b) “Goods” means any product sold by GWF Nutrition. (c) “Buyer” means the person ordering goods from GWF Nutrition.

Conditions

Every sale of goods made by GWF Nutrition is subject to these terms and conditions. All other terms, conditions and warranties and representations implied by statute, common law or usage or expressed or implied by the buyer or by GWF Nutrition are hereby excluded and extinguished with the exception of conditions of sale expressly accepted by GWF Nutrition in writing.

GWF Nutrition reserves the right to obtain a credit reference and/or a Director/Partner search for the Buyer via a reputable reference agency. This data will be stored and used for the administration of the Buyer’s account in accordance with the terms of current Data Protection Legislation. No data will be disclosed without the Buyer’s consent unless GWF Nutrition is required to do so by Law or other enactment, or for the purpose of recovery of a debt in a case of non-payment.

Goods Pricing

(a) During periods where the supply of raw materials and services necessary for the production of Goods are affected by exceptional market forces, GWF Nutrition reserves the right to adjust the price of Goods with 5 working days’ notice. (b) All prices are exclusive of VAT unless otherwise indicated. (c) Minimum order quantities may consist of multiple products within the same product category.

Payment

Unless otherwise agreed in writing between GWF Nutrition and the Buyer, payment in full for all the Goods ordered must be made in accordance with the following terms: (a) Initial Order: For all initial orders, the payment for Goods should be made in full by way of pro-forma invoice. Goods will be made available for collection or dispatched on cleared funds only. (b) All Subsequent Orders: Goods ordered to the value of, but not exceeding the agreed credit limit will be processed and made available for collection or dispatched to the Buyer. No further orders for Goods will be processed where a credit limit has been reached. (c) Payment Terms: All orders will require payment to be made no later than 30 days from the Invoice Date. The Invoice Date will be the Dispatch Date. (d) Credit Charge: Interest at 3% over Lloyds Bank base rate (variable) will be charged on overdue accounts. (e) Other: GWF Nutrition reserves the right to require the payment of outstanding balances at any time. (f) All prices shown are in GBP per unit. VAT to be applied where applicable.

Passing of Property and Retention of Title

(a) The Goods sold under this Contract shall remain the property of GWF Nutrition and shall pass to the Buyer only when payment in full for all the Goods has been received by way of cleared funds, or when the Buyer sells the Goods to its customer(s) by way of a bona-fide sale at full market value, whichever shall first occur. (b) If payment for Goods is overdue in whole or in part, GWF Nutrition may (without prejudice to any of its other rights) physically recover Goods or any part of them by entering the Buyer’s premises using assigned servants or agents for that purpose. GWF Nutrition shall account to the Buyer for any part payments that the Buyer may have made for the Goods. (c) All payments shall become due immediately upon commencement of any act or proceeding in which the Buyer's solvency is involved. (d) The Buyer shall hold as trustee for GWF Nutrition all monies recovered from the sale of goods.

Ex-Mill Goods

Unless otherwise indicated by GWF Nutrition, all prices quoted are on an ex-mill basis (SN12 6TS, UK) and exclude delivery to the Buyer's premises.

Delivered Goods

(a) GWF Nutrition aim to dispatch all standard Goods on a 3 - 5 working day service within mainland UK only. For all other geographical locations and custom Goods, dispatch estimates can be advised at the time of order. (b) GWF Nutrition will not be held liable for delays to the supply of Goods to a Buyer when the delay has been caused by an event outside the reasonable control of GWF Nutrition. This may include, but is not limited to war, fire, delays caused by protests or demonstrations, breakdowns or acts of God. (c) All Goods shall remain the responsibility of GWF Nutrition until they have been delivered to the Buyer’s premises. Delivery will be deemed complete when acknowledgement has been received from either the Buyer or the delivery agent. (d) Any shortages or damages must be acknowledged by the Buyer at the time of the delivery and reported to/documented by the delivery agent before the delivery agent leaves the Buyer’s premises. The Buyer must also take photographic evidence of any shortages or damages at the time of the delivery. These images should be forwarded to GWF Nutrition (sales@gwfnutriton.com) together with details of any claim being made. Due to significant restrictions imposed by many delivery agents, GWF Nutrition may not be able to compensate the Buyer for any losses or damages unless the procedure above is adhered to.

Appriation & Appropriation

(a) GWF Nutrition may apply all or any part of any sum owing by GWF Nutrition to the Buyer in relation to any matter whatsoever in or towards payment of any sum owing to GWF Nutrition hereunder. In this paragraph reference to “GWF Nutrition” or the “Buyer” includes any company which is for the purposes of the Companies Act 1948, a holding company or a subsidiary of a holding company of GWF Nutrition or the Buyer respectively. (b) GWF Nutrition may appropriate any payments made by the Buyer to GWF Nutrition against amounts that have been owing by the buyer to GWF Nutrition for the longest period notwithstanding the prior appropriation of that payment by the Buyer.

This price list cancels all previous price lists. E&OE.