Wholesale T&C's | Grace's Bakery

Standard Terms & Conditions of Sale

Revised: April 2019 (v12)

Definitions

For this document, the following meanings shall apply: “Seller” means Grace’s Bakery Limited. “Buyer” means the person seeking to purchase goods from Grace’s Bakery Limited. “Terms” means the terms set out in this document and any special terms agreed in writing between the Seller and Buyer. “Authorised representative” means a member of staff that is authorised to accept orders.

General

These terms of business apply to all goods agreed to be sold by the Seller to the Buyer and, unless otherwise agreed in writing by the Seller, these conditions of sale shall override any terms and conditions stipulated, incorporated or referred to by the Buyer in the order or in any earlier negotiation. Any recommendation or advice by the Seller or its employees to the Buyer or its employees or agents as to the storage, application or use of the goods is followed or acted upon entirely at the Buyer’s own risk and, accordingly, the seller shall not be liable therefore.

Placing an Order

The Buyer must phone head office (01983) 566868 or email wholesale@gracesbakery.co.uk well in advance of 3pm Monday to Friday to place an order for the next working day (on Friday, orders are taken for Saturday and Monday), unless a standing order has been accepted by the Seller. All products under the heading of “long-life cakes” and other select specialist items must be ordered 3 days in advance of their respective production dates. No orders will be accepted after 3pm Monday to Friday. No order will be accepted on Saturday or Sunday. This is due to offices being closed. No order submitted by the buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller’s authorised representative. The Buyer will be notified of any changes to the ordering schedule in advance (e.g. public holidays/ bank holidays)

Cancellation of an Order

No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement of the Seller and on terms that the buyer shall indemnify the Seller in full against all loss (including loss of profit), cost of damages, charges and expenses incurred by the Seller because of cancellation.

Shortages of Queries

The buyer is to check the order at the time of delivery with the Seller’s representative. If there are any adjustments that are needed to be made to a delivery sheet due to short or damages to goods, this is to be done with the Seller’s representative at the point of delivery. Alternatively, the Buyer can notify head office of any adjustments of the day of delivery. Otherwise, the seller shall not be liable for any adjustment to the Buyer’s order without the Seller’s agreement.

Price of Goods

The price of the goods shall be price listed in the Seller’s current published prices list at the date of acceptance of the order. The Seller reserves the right, by giving notice to the buyer at any time before delivery, to increase the price of the goods to reflect any increase in cost to the Seller due to any factor beyond the control of the Seller.

Delivery

Any delivery times quoted are approximate only and the Seller shall not be liable for any delay in delivery of the goods howsoever caused.

Baskets

Baskets are used to aid in the delivery of products to the Buyer. These remain the property of the Seller and will be collected as per the Seller’s schedule. Failure to return any baskets that have been leant to the Buyer will result in a charge (including loss or damage). It is the responsibility of the Buyer to keep all baskets in a safe, secure location and to make the baskets available for collection on the following delivery.

Shelf Life

The Seller cannot be responsible for goods that are sold past their recommended selling date. All bread, rolls, baps, baguettes and morning goods are for same day sale. All assorted cakes and long-life cakes from 2 to 4 days sale. All savouries are to be refrigerated only and sold within 48 hours. All fresh cream and custard goods must be refrigerated below 8°c and same day sale. For more details on recommended dates please ask at point of ordering.

Terms of Payment

The Buyer shall pay the price of the goods (including VAT, if applicable) within set terms. For one off deliveries, payment must be received through cash on delivery. For weekly deliveries or standing orders, payment must be received within 6 days from date of invoice, unless otherwise agreed in writing by the Seller. Payments are accepted by Cash or BACS unless card payments have been agreed with the Seller. The Seller may not withhold payment of any invoice or other amount due to the Buyer by any reason of any rights of set off or counterclaim, which you may have, or allege to have, for any reason.

If the Buyer does not meet the terms of payment, the Seller reserves the right to:

suspend any further deliveries until terms have been met;
charge interest and compensation on overdue accounts according to the Late Payment of Commercial Debts (Interest) Act 1998;
withdraw or reduce any credit facilities at any time at the sole discretion of the Seller;
suspend any special arrangements for discounts and returns on any unpaid invoices as well as future deliveries until the Buyer meets the terms. Bankruptcy or Insolvency of the Buyer.

If the Buyer has a receiver appointed over any of its assets or (being and individual or firm) becomes bankrupt or compounds with its creditors or (being a company) becomes insolvent or goes into liquidation (other than for the purpose of amalgamation or reconstruction) or compounds with its creditors then, without prejudice to any other right or remedy available to the Seller:

the full price for the goods (if delivered) shall be immediately payable notwithstanding any previous agreement to the contrary;
the Seller shall have the right to cancel or suspend any further deliveries to the Buyer;
and if the price for any delivered goods is not forthwith paid, the seller shall have the right to enter on to the Buyer’s premises and repossess the goods If the Seller reasonably incurs third party costs, such as tracing or debt collection agency costs, or seek to take legal proceedings to enforce the Seller’s rights as a result of the Buyer’s breech of this contract – including but not limited to – recovery of any sums due, the Buyer will reimburse the Seller such reasonable agency costs or legal costs incurred on an indemnity basis.

Cancellation of Account

A weeks’ notice is required from the buyer to cancel any account with the seller and on terms that the buyer shall indemnify the seller in full against all expenses incurred by the seller as a result of cancellation. If the buyer cancels without notice the seller may withhold discounts on all outstanding Invoices due and claim all expenses incurred by the seller as a result.

Food Labelling Regulations

Customers are advised that some of the cakes and flour confectionary sold on our premises may contain one or more of the following types of additives: Antioxidants, Flour Enhancers, Sweeteners, Colours, Flavourings and Preservatives. For any queries involving this, please contact: wholesale@gracesbakery.co.uk

Changes to terms

The Seller may make changes to the terms and conditions of sale due to operational needs. The Seller will notify the Buyer of any changes to terms at least seven days prior to changes being made.