TERMS AND CONDITIONS OF SALE
General Terms and Conditions:
Goods will be supplied by Caffreys (Millbrook) Limited trading as Millbrook Foods (hereinafter called ‘the Company’) on a COD basis until such time as satisfactory bank and trade references have been received by the Company. Credit accounts must be paid by direct debit on or before the date of the month following delivery agreed with our Credit Control Department (this will be 10th of following month if nothing specifically agreed). Legal title to the goods is retained by Millbrook Foods until payment is received in full. Overdue accounts are subject to an interest charge of ECB rate plus 8% per month calculated on the overdue balance.
Claims and Complaints:
In case of any claims or complaint, customers must supply batch numbers, production dates, best before dates and full details claimed of non-conformance. Complaints will only be entertained if registered with the sales office within 24 hours of delivery. Claims for shortages or damages must subsequently be confirmed by letter within 3 days of receipt of the goods in question. The Company must be afforded every facility and opportunity to inspect the goods. Claim notification shall not be construed as admission of liability.
Normal office hours are 8.00am to 5.00pm Monday to Friday (excluding Bank Holidays). An answer Machine is available at weekends Friday to Sunday. In order to minimise the possibility of errors, please ensure that you order has been placed before 5.00pm on the day before delivery is required. A minimum order value of €120 applies per delivery. When delivered, the goods shall be signed for and accepted by the Customer and payment shall then be due.
Reservation of Title:
All goods supplied to the Customer shall remain the property of the Company until the entire purchase price payable therefor and all other debt owing by the Customer to the Company has been paid in full.
The Customer shall be entitled to sell the said goods during the time that they remain the property of the Company. In such event, the Customer shall be under a fiduciary duty to account to the Company for the proceeds of such sale to the extent of the total of all monies owing by the Purchaser to the Company.
If any amount owing by the Customer to the Company is overdue, the Company may without prejudice to any of its other rights or remedies repossess and resell any or all of such goods and may enter on the premises of the Customer for that purpose. The Customer hereby licences the Company and its servants and agents to enter onto any premises upon which the goods or any of them may be situated for the purposes of inspecting and taking inventory of any of the said goods and/or for the purposes of repossessing the said goods.
The goods shall be at the risk of the Customer from the time of delivery to the Customer notwithstanding that the property in the goods shall not have passed to the Customer. This reservation of title clause shall not entitle the Customer to return the goods and refuse or delay payment on the grounds that the property has not yet passed.
The Company and Customer will treat the goods as the Customer’s stock from the date of the invoice in respect thereof. The reservation of title clause shall not constitute an agency.
Our maximum credit terms for all goods are 30 days. All accounts due to the Company must be paid within 30 days from the date of the account unless otherwise agreed in writing. In the event of accounts not being paid within the said 30 days, then such overdue sums shall carry interest as set out above. The right of the Company to charge interest under this clause shall be without prejudice to any rights that the Company may have to repossess or resell the said goods as outlined above. All sums due to the Company shall be paid when due without deduction and payment shall not be deferred or postponed on account of any claim, counterpart or setoff.
The Company shall not in any circumstances whatsoever be liable for any consequential loss incurred by the Customer or any other person in respect of the goods howsoever caused. Where the goods supplied by the Company are reprocessed after leaving the Company’s possession, the Customer shall at all times keep the Company indemnified against any claims for damage, loss or injury made by third parties in respect thereof.
Where the goods are supplied with a ‘best before’ or ‘sell by’ dates, then the Company shall have no liability for goods sold after such ‘best before’ or ‘sell by’ date.
These conditions and all other express terms of any contract with the Company shall be governed and construed in accordance with the Laws of the Republic of Ireland.