All orders received by Shanker and Company Limited, hereafter referred to as ‘the company’, are subject to the following terms and conditions and on the strict understanding that these conditions which supersede all previous Terms of Trading of the company will prevail in the case of any differences between these conditions and those of ‘the customer’.

1. 1. Goods once sold are not returnable unless otherwise agreed.
   2. All risks in relation to the goods will pass to the customer upon delivery to the customer.

1. 1. The goods hereby invoiced shall not pass to the buyer until receipt by the seller of all sums due to the seller, whether due under this invoice or under any contract to which this invoice related to under any other contract between the seller and the buyer notwithstanding that the seller has been given to the buyer prior permission to resell the goods and/or documents of title to the goods. Any cheque given by the buyer in payment of any sum due to the seller shall not be treated as received by the seller until such cheque is cleared.

1. 1. The sellers shall be entitled to charge interest at the rate of 24% per annum or part thereof on any invoice or the balance of any invoice outstanding for a period in excess of any agreed period mentioned on the invoice or by prior written agreement. Where not explicitly stated, any invoice is payable on receipt of goods.

1. 1. The buyer hereby agrees that any cheque, Bill of exchange, Promissory Note or other negotiable instrument dishonored or returned to the seller banks unpaid for any reason, the seller shall be entitled to debit the buyers account with the sum of £ 50.00 plus VAT. In the event that the charges mentioned herein as debited to the buyers account remain unpaid for the period agreed on the invoice the seller shall be entitled to charge interest at the rate of 24% per annum or part thereof.

1. 1. Goods are sold on the basis that they are for consumption in the U.K. It is the buyer’s responsibility to ensure that correct documentation is completed and if any duty and levy charges are raised by customs and Excise and the board for agricultural produce, they are paid by the buyer before Exportation. We reserve the right to recover any charges from the buyer if they are not paid. Any refund or VAT can only be paid on production of a Certificate of Shipment.

1. 1. Any quantity or price discrepancy or other claim on delivery must be noted on the delivery document and also notified in writing to the seller within 72 hours of receipt of goods.

1. 1. We do not operate a sale or return policy. Any goods returned (solely at the discretion of the company) which were ordered in error will be credited subject to a charge of 20%.

1. 1. The seller may carry out a search with a credit reference agency, which will keep a record of that search and may share that information with other businesses. The seller, or their agents, may also make enquiries about the directors, shareholders or proprietors with a credit reference agency.

1. The prices quoted by our representative are subject to stock availability and whilst every endeavor will be made to supply at quoted prices, the company reserves the right to revise prices at any time prior to delivery upon giving notice to the customer to that effect.
2. Payment shall be made either:-
3. i) AGAINST INVOICES – settlement in full within 28 days of invoice OR
4. ii) AGAINST MONTHLY STATEMENTS – Payment to be received by the 14th of the month immediately following the month to which the statement relates, OR

iii) AGAINST WEEKLY STATEMENTS (Where specified by the company) – settlement to be received within 28 days of the weekly, statement date.

The company reserves the right to revise these payment terms upon written notice to the customer.

12. 12. The customer may unless and until he/she received notice from the company to the contrary sell such goods, but only in the ordinary course of the customer’s business and only in an arm’s length bona fide transaction at full market value or at a proper trade discount. save as aforesaid the customer shall not sell charge or otherwise dispose of any goods belonging to the company or any interest in such goods and unless such goods are sold as aforesaid by the customer, the company may at any time require the customer to deliver up the goods to the company.

12. Delivery shall be deemed to be effected when the goods have been delivered to the address agreed between the customer and the company, or collected by or on behalf of the customer. The company will endeavor to deliver the goods without delay, but shall not be liable for late delivery, howsoever caused nor shall such failure to deliver be deemed to be in breach of any contract. If for any reason the customer refuses delivery then without prejudice to any other rights the company reserves the right to cancel the order.
13. The company does not accept liability for damage or partial loss of goods:-

(A) Where a clean receipt or any ‘Unexamined’ receipt is given to the carriers, OR

(B) Unless written notice is given to the carriers and to the company within 3 days of delivery.

Containers/cartons which show any sign of tampering, damage or shortage, must be signed for accordingly and the company notified within 3 days of date of invoice or advice note. In the event of non-arrival of goods or if the customer learns that the goods are lost or destroyed in transit, it is essential that the customer notifies the company within 7 days of date of invoice or advice note. All goods included in this invoice are hereby guaranteed to be of the nature, substance and quality described, and to confirm in every respect with the requirements of the food and drugs acts and of all the regulations relating to foodstuffs now in force, except all goods delivered as imported in bulk or pre-packed in foreign country is not guaranteed as stated above for quality.

Please make all cheques payable to Shanker & Co.