Terms of Sale

Terms and conditions for sale of goods – The Sausage Man UK Ltd

Terms and Conditions

These terms and conditions (the “Terms”) apply to any purchase made by businesses through our website, sausageman.co.uk. If you do not agree with these Terms and Conditions, please do not buy Goods from us.

These Terms and Conditions were last updated in March 2021. Any changes to these Terms and Conditions will be published on our website, and so you should check for updates regularly before making purchases.

We are The Sausage Man Limited (“We”, “us” or “our”), a company registered in England and Wales under company number 05188391 and with registered office at 10 Queen Street Place, London EC4R 1AG.

“You”, “Your” means the company wishing to purchase quantities of Goods for resale from us on credit and based on these Terms.

Overview

These Terms describe the basis on which we will sell “Goods” including, but not limited to, food products including frozen food, and related products to You.

Opening an Account

3.1 Should you wish to open a business account with us please apply for credit terms by emailing the following information to [email protected]

a) Your business letterhead;

b) The name of one director (authorised to enter into this agreement with us on behalf of your company);

c) Bought ledger contact details;

d) Contact details of the person who will decide what Goods your company orders from us (your Contact);

e) The amount of Goods you expect to purchase from us on a monthly basis; and

f) Any delivery address (if not the address on your letterhead).

3.2 When we receive this information, we will reply within five business days (being any weekday on which banks in London conduct business as usual) confirming the amount of credit we are willing to extend to you and any discount which we will make available to you which will reduce the published pre-tax price of each of our Goods to you, should you continue to order in line with your monthly purchasing expectations (clause 3.1 e)) or more.

3.3 We will confirm to you when we have set up an account in the name of your company.

3.4 The Contact must then set up their login details using their company email address and contact details and a password they will use to identify themselves when placing orders or authorise another person to set up a login using a company email address and notify [email protected] that this person will place orders on your behalf.

Ordering and the Contract

4.1 Whenever you place your first order through our website, a contract will be formed between you and us, on these Terms.

4.2 You must make sure that the order (and any specification that forms part of your order) is correct. We will not be liable for Goods ordered in error by you.

4.3 You may place your order via the website order process, by email, or by telephone; when you do we may ask you to confirm one or two characters from your password to confirm your identity.

4.4 We will send you a written confirmation, via email, of each order placed.

4.5 No previous statements or representations that we have made to you form part of these Terms unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material. These Terms, together with our confirmation of each order that you place are our entire agreement.

4.6 We reserve the right to contact the Contact or your director (see clause 3.1 b)) in the event of any problem or concern with your order placement.

The Goods

5.1 The Goods are described on our website.

5.2 We are allowed to change any of the specifications of the Goods if this is necessary to comply with any regulations.

5.3 We will ensure that the following information is given or made available to you when you place your orders, unless such information is apparent from the context of the transaction:

5.3.1 the main characteristics of the Goods;

5.3.2 our identity and contact details;

5.3.3 the total price for the Goods, including taxes or, if the nature of the Goods is such that the price cannot be calculated in advance (e.g. items sold by weight) the manner in which the price will be calculated;

5.3.4 where applicable, all additional delivery charges or, where such charges cannot be calculated in advance (e.g. haulage priced on weight) the manner in which they will be calculated;

5.3.5 delivery and the time by which we estimate the Goods will be delivered;

5.3.6 our complaints handling policy;

5.3.7 information on our legal duty to supply Goods that are in conformity with these Terms; and

5.3.8 where applicable, details of commercial guarantees.

Delivery of the Goods

6.1 We will provide you with a delivery note with each delivery of Goods. It will state the order date, the order reference number, the type and quantity of Goods and the storage instructions.

6.2 Delivery dates are approximate, and time of delivery is not of the essence.

6.3 If we fail to deliver the Goods, our liability will be limited to your costs of obtaining replacements of similar type and quality at the cheapest available price, less the price of the Goods. We will not be liable for non-delivery if you give us inadequate delivery or other supply instructions.

6.4 We are allowed to deliver the Goods in instalments. If a consignment is delayed or lost, you may not cancel other parts of the order because of the delay; once the loss of a consignment is confirmed by the carrier we will replace it, using an expedited form of delivery at our own cost.

6.5 You may cancel your order at any time before we dispatch the Goods by contacting us in writing (via our email address [email protected]).

6.6 We may cancel your order at any time before we dispatch the Goods in the following circumstances:

6.6.1 The Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or

6.6.2 An event outside of our control (see clause 9.3) continues for more than 14 days.

6.10 If we cancel your order under sub-Clause 6.6 your account will be credited and that order will not be included in your monthly statement or invoiced.

Title, Risk, Warranties and Indemnities

7.1 Risk in the Goods passes to you on completion of delivery.

7.2 We warrant that, at the time of delivery:

7.2.1 The goods being supplied are hand-made and as such, may be subject to slight variations. However, we have made commercially reasonable efforts to ensure that the supplied goods are of good standard and conform to the specifications.

7.2.2 the Goods are free from significant defects

7.2.3 the Goods are of satisfactory quality

7.3 If you discover that some or all of the Goods do not conform with clause 7.2, you can reject them within 24 hours of their receipt by notice in writing to us (e-mail will suffice) and we will replace the goods or if this is not possible we will refund you the price of the defective Goods

7.3.1 provide us with photographs of the defective Goods; and

7.3.2 store the defective Goods in accordance with our general guidance until such time as you and we resolve the dispute you raise.

7.4 Clause 7.3 does not apply if:

7.4.1 you continue to use the Goods after you given us notice of a defect;

7.4.2 the defect has arisen because you have failed to follow any written or oral instructions on the use or storage of the Goods; or

7.4.3 if it was unopened on delivery, you have opened the packaging.

7.5 You will indemnify us from any claims which customers of yours may bring against us as a consequence of your mishandling, or unsafe storage or delivery of Goods which you have bought from us and sold on to them.

Price and Payment

8.1 The price of the Goods is stated in each email order confirmation . It is exclusive of VAT, postage and packing costs, for which you will have been required to pay in addition to the purchase price at the time of sale.

8.2 At the end of each month we will send you a statement of the orders placed during the month together with an invoice for the purchase and delivery of those Goods ordered.

8.3 Invoices shall be payable thirty (30) days from the date of the invoice (note NOT the date of postage or receipt). Any late payments, without affecting our entitlement to other remedies, shall be subject to interest at a rate 2% over Barclays base lending rate from the date a payment falls due to the date it is finally paid.

Liability Limitations

9.1 We will not be liable to you for any loss of profit or any consequential loss arising from these Terms, and our total liability to you under these Terms will not exceed the price paid for the Goods purchased in the thirty (30) days prior to the event which results in the claim(s).

9.2 These Terms do not limit our liability for death, personal injury caused by our negligence, fraud, breach of the terms implied by section 12 of the Sale of Goods Act 1979, defective products under the Consumer Protection Act 1987, or any other matter that the law says we can’t exclude.

9.3 Neither of us will be liable to the other for failure or delay in carrying out these Terms, which is caused by an event beyond our reasonable control, which We could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest, explosions, mechanical breakdown, natural disasters, malicious damage, or default of suppliers.

General

10.1 We are allowed to assign, transfer, charge or sub-contract our rights and obligations under these Terms, but you may not do any of these things unless we have previously agreed in writing that you can.

10.2 Nobody other than you and us may rely on any terms of these Terms.

10.3 If either party wishes to give a notice to the other under these Terms, we must give it in writing and either deliver it or send it by first class post to the other’s registered office (or another address specifically given to the sender for this purpose). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings.

10.4 Delay in exercising a right under these Terms will not take away that right or any other right.

10.5 Any dispute shall not affect the parties’ ongoing obligations under these Terms.

10.6 These Terms, and any non-contractual rights arising hereunder, are governed by English law and the courts of England and Wales will have exclusive jurisdiction to deal with any disputes arising from it.

Personal Data

We will use your personal data in order to process your orders for the purchase of Goods. Further information on how we use your personal data can be found in our privacy notice.