chilled goods - fresh fruit & vegtables - exotic fruit & vegtables - dry goods - frozen goods - non-food goods
Coastline Produce Limited Trading Terms and Conditions
The following definitions apply in these terms and conditions (“Conditions”).
| Company: |
Coastline Produce Limited, Units 5-10 Airfield Way, Christchurch, Dorset |
| Contract: |
any contract between the Customer and the Company for the sale and purchase of the Goods |
| Customer: |
the person, firm or company who purchases Goods from the Company. |
| Goods: |
the products supplied by the Company to the Customer |
1. Application of Conditions
| 1.1. |
These Conditions shall apply to the Contract and shall prevail over any inconsistent terms or conditions contained, or referred to, confirmation of order, acceptance of a quotation, or specification or other document supplied by the Customer, or implied by law, trade custom, practice or course of dealing. |
2. Prices/Availability
| 2.1 |
Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company's price list published on the date of delivery or deemed delivery. No responsibility is taken for the Goods being unavailable. |
| 2.2 |
The Company reserves the right to alter prices in the Company’s price list without notice in the event of market fluctuations and availability, or in the case of printing errors. |
| 2.3 |
The price for the Goods shall be exclusive of any value added tax [and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Customer shall pay in addition when it is due to pay for the Goods.] |
3. Payment Terms
| 3.1 |
Credit accounts are available to Customers on receipt of satisfactory trade references at the discretion of the Company. Accounts may be weekly or monthly by arrangement and may be subject to a credit limit. Credit accounts may be terminated at any time by the Company when any outstanding balance will become payable in full. |
| 3.2 |
Where a Customer has no credit account arrangement with the Company they will be expected to pay cash on delivery for Goods. “Cash on delivery” Goods will not be delivered if cash is not available at time of delivery and no title in the Goods will pass to the customer. |
| 3.3 |
Where a credit account with the Company is held by the Customer, the accounts must be paid as follows:-
| 3.3.1 |
Weekly Accounts: Payment in full by Friday of week following delivery |
| 3.3.2 |
Monthly Accounts: Payment in full by the 30th of the month following delivery. |
|
| 3.4 |
Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Company on the due date, the Company may:
| 3.4.1 |
charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of the Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Customer shall pay the interest immediately on demand. The Company may also claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; |
| 3.4.2 |
suspend all further deliveries until payment has been made in full; and |
| 3.4.3 |
recover any costs incurred by the Company in recovering any overdue amount. |
|
| 3.5 |
Time for payment shall be of the essence of the Contract. |
| 3.6 |
All sums payable to the Company under the Contract shall become due immediately on its termination, despite any other provision. |
| 3.7 |
Where the Customer is a Company the directors of the Customer undertake that they will be personally liable for the fees and disbursements set out in this clause 3 in the event that the Customer fails to pay them. |
| 3.8 |
Any cheques received from the Customer returned by the Company’s bankers uncleared for any reason will be subject to a further charge to cover any cost incurred by the Company. |
4. Title to goods
| 4.1 |
Title of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Customer on any account but the risk in the Goods shall be borne by the Customer from the date of delivery or deemed delivery by the Company or its agents to the Customer |
| 4.2 |
Until ownership of the Goods has passed to the Customer, the Customer shall:
| 4.2.1 |
hold the Goods on a fiduciary basis as the Company's bailee; |
| 4.2.2 |
store the Goods (at no cost to the Company) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Company's property; |
| 4.2.3 |
not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and |
| 4.2.4 |
maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks. On request the Customer shall produce the policy of insurance to the Company. |
|
| 4.3 |
4.3 The Customer may resell the Goods before ownership has passed to it solely on the following conditions:
| 4.3.1 |
any sale shall be effected in the ordinary course of the Customer's business at full market value; and |
| 4.3.2 |
any such sale shall be a sale of the Company's property on the Customer's own behalf and the Customer shall deal as principal when making such a sale. |
|
| 4.4 |
The Customer's right to possession of the Goods shall terminate immediately if:
| 4.4.1 |
the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or enters into liquidation (whether voluntary or compulsory), or has a receiver, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or |
| 4.4.2 |
the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or |
| 4.4.3 |
the Customer encumbers or in any way charges any of the Goods. |
|
| 4.5 |
4.5 The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored where the Customer's right to possession has terminated, to recover them. |
| 4.6 |
Where the Company is unable to determine whether any Goods are the goods in respect of which the Customer's right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold by the Company to the Customer in the order in which they were invoiced to the Customer. |
5.Deliveries
| 5.1 |
These will be made at the discretion of the Company and although it will endeavour to comply with the Customer’s wishes, no guarantee of delivery timing can be given. Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Customer’s place of business. |
| 5.2 |
No responsibility will be accepted for losses incurred by the Company’s failure to deliver. Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract. |
| 5.3 |
The Company appreciates that the Customer may require second deliveries on the same day. Whilst the Company will endeavour to carry these out they cannot be guaranteed and are at the discretion of the Company. |
| 5.4 |
All returnable pallets/delivery roll cages remain the property of the Company and must be returned. The Company reserves the right to charge the Customer for, at cost price, non-return of these items. |
| 5.5 |
There is a £50 minimum order value. |
| 5.6 |
If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:
| 5.6.1 |
risk in the Goods shall pass to the Customer; |
| 5.6.2 |
the Goods shall be deemed to have been delivered; and |
| 5.6.3 |
the Company may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). |
|
| 5.7 |
The Customer shall provide at the delivery point and at its expense adequate and appropriate equipment and manual labour for loading the Goods. |
| 5.8 |
The quantity of any consignment of Goods as recorded by the Company on despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary. |
| 5.9 |
The Customer must give written notice to the Company of any non-delivery within [7] days of the date when the Goods would in the ordinary course of events have been received. |
| 5.10 |
Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note against any invoice raised for such Goods. |
6. Complaints
| 6.1 |
All complaints must be reported to the Company on the day of delivery. Whilst every effort will be made to remedy these, the Company reserves the right to make further deliveries on that day at its discretion and will not be responsible for any loss so incurred by its failure to deliver. The Company’s liability will be limited to replacing the Goods within a reasonable time or issuing a credit note against any invoice raised for such Good. |
| 6.2 |
The Company will only collect goods that are in the same state as delivered; if frozen or chilled products are to be returned, then proof of satisfactory refrigeration will be necessary for the goods to be accepted back by the Company. |
| 6.3 |
The Company shall not be liable if any defect in the Goods arises because the Customer fails to follow the Company’s oral or written instruction or good trade practice as to the storage of the Goods. |
7. Returns
| 7.1 |
All requests to return products must be made to the delivery driver at time of delivery or the Company’s sales office. Drivers will refuse to collect products from previous deliveries unless they have instructions issued by the Company. |
8. Health and Safety
| 8.1 |
The Company reserves the right to suspend or refuse delivery if a risk assessment of the delivery point shows that its staff may be at increased risk whilst on the Customer’s premises. The customer must inform the Company of any special risks that may exist on the Customer’s premises. |
9. Warranty and Quality Assurance
| 9.1 |
All products are warranted to conform to the Food Safety Act 1990 and subsequent amendments. |
| 9.2 |
The company trades to BRS Technical Standard (Higher Level). Full details are available upon request. |
| 9.3 |
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract. |
10. Limitation of liability
| 10.1 |
The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub- contractors) to the Customer in respect of:
| 10.1.1 |
any breach of these conditions; |
| 10.1.2 |
any use made or resale by the Customer of any of the Goods, or of any product incorporating any of the Goods; and |
| 10.1.3 |
any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. |
|
| 10.2 |
Nothing in these conditions excludes or limits the liability of the Company:
| 10.2.1 |
for death or personal injury caused by the Company's negligence; or |
| 10.2.2 |
under section 2(3), Consumer Protection Act 1987; or |
| 10.2.3 |
for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or |
| 10.2.4 |
for fraud or fraudulent misrepresentation. |
|
| 10.3 |
The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Goods. |
| 10.4 |
The Company shall not be liable to the Customer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Goods. |
| 10.5 |
If the Company's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Company shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay. |
| 10.6 |
The Customer shall be liable to pay to the Company, on demand, all reasonable costs (including legal or otherwise), charges or losses sustained or incurred by the Company (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer's fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract, subject to the Company confirming such costs, charges and losses to the Customer in writing. |
11. Termination of Contract
| 11.1 |
Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other on giving the other not less than 1 months written notice. |
| 11.2 |
11.2 Without prejudice to any other rights or remedies which the parties may have the Company may terminate the Contract immediately on giving notice to the Customer if:
| 11.2.1 |
the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment; or |
| 11.2.2 |
the Customer commits a breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or |
| 11.2.3 |
the Customer party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or makes a proposal for or enters into any compromise or arrangement with its creditors; or |
| 11.2.4 |
a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of the Customer ; |
| 11.2.5 |
an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer; or |
| 11.2.6 |
a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; or |
| 11.2.7 |
a creditor or encumbrancer of the Customer attaches or takes possession of the whole or any part of its assets; or |
| 11.2.8 |
the Customer suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or |
| 11.2.9 |
there is a change of control of the Customer. |
|
| 11.3 |
On termination of the Contract for any reason the Customer shall immediately pay to the Company all of the Company's outstanding unpaid invoices and any interest accrued thereon. |
12. Company name change or transfer of assets
| 12.1 |
For the avoidance of doubt it is agreed that the Conditions shall remain binding on the parties if the Company changes its name or if the assets of the company are transferred to Coastline Produce Holdings Limited or any other Company within the same group. |
13. Force majeure
| 13.1 |
The Company shall have no liability to the Customer under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Company’s subcontractors. |
14. General
| 14.1 |
No variation of the Contract or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties. |
| 14.2 |
A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy |
| 14.3 |
Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law. |
| 14.4 |
If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected. |
| 14.5 |
If a provision of the Contract (or part of any provision) is found illegal, invalid or unenforceable, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention. |
| 14.6 |
The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter |
| 14.7 |
Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract). |
| 14.8 |
The Customer shall not, without the prior written consent of the Company, assign, transfer subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. |
| 14.9 |
The Company may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent. |
| 14.10 |
Each party that has rights under the Contract is acting on its own behalf and not for the benefit of another person. |
| 14.11 |
Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way. |
| 14.12 |
A person who is not a party to the Contract shall not have any rights under or in connection with it. |
| 14.13 |
Any notice or other communication required to be given under the Contract shall be in writing and shall be delivered personally, or sent by pre-paid first- class post, recorded delivery or by commercial courier to the other party and for the attention of the person specified in the Letter of Engagement, or as otherwise specified by the relevant party by notice in writing to the other party. |
| 14.14 |
Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address and for the contact referred to below or, if sent by pre-paid first-class post or recorded delivery, on the second business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed. |
| 14.15 |
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter. |
By placing an order with the Company the Customer is accepting the Terms and Condition s set out above.
Policies
Customer Mission Statement
The mission of Coastline Produce is dedication to the highest quality of produce and customer service, delivered with a sense of warmth, friendliness, individual pride and company spirit.
Employee Mission Statement
Coastline is committed to provide a stable and safe working environment with equal opportunity for learning and personal growth.
Creativity and innovation are encouraged for improving the effectiveness of Coastline Produce. Above all, employees will be provided with the same concern, respect and caring attitude within the company that they are expected to share with Coastline's customers.
Corporate Social Responsibility
Coastline Produce Ltd. recognises that it has a responsibility to identify and manage the environmental impacts associated with its products, services and activities. The company's goal is to align environmental performance with its economic and social objectives in order to move towards more sustainable practices.
