Terms & Conditions

TERMS AND CONDITIONS FOR SALE OF GOODS

  1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods)by the buyer from Burgess Ice Cream Ltd registered in England under number 11496795,  whose registered office is at Clay Lane Shiptonthorpe YO43 3PU
  2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation from date of any delivery of the goods (which ever happens earlier) and constitute the entire agreement between us and you 
  3. These Terms and Conditions and Quotation (together/the contract) apply to the purchase and sale of any goods between us and you, to the exclusion of any other Terms that you try to impose or incorporate, or which are implied

GOODS

  1. The description of the goods is set out in our Sales Documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations by the Goods by us. Descriptions of the Goods set out in our Sales Documentation are intended as a guide only.
  2. We can make any changes to the specifications of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

PRICE

  1. The “Price” of the Goods is set out in our Quotation current at the date of your order or such other price as we may agree in writing.
  2. If the “Cost” of the Goods to us increase due to ant factor beyond our control including, but not limited to, material costs, Labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the “Price” prior to delivery.
  3. Any increase in the Price under the clause above will only take place after we have told you about it.
  4. You may be intitled to discounts. Any and all discounts will be at our discretion .
  5. The Price is exclusive of fees for Packaging and Transportation/ Delivery.
  6. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed

PAYMENT

  1. We will invoice you for the Price either : on or at any time after delivery of the Goods; or where the Goods are collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.
  2. You must pay the Price within the Terms of your invoice or otherwise according to any credit Terms agreed between us.
  3. You must make payment even if delivery has not taken place and/or that the title in the Goods has not passed to you.
  4. If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 10% per annum above the base rate of the Bank of England form time to time on the amount outstanding until you pay in full.
  5. Time for Payment will be the essence of the Contract between us and you.
  6. All payments must be made in British Pounds unless otherwise agreed in writing between us

DELIVERY

  1. WE will arrange for the delivery of the Goods to the address specified in the quotation, or your order to another location we agree in writing.
  2. Subject to the specific Terms of any special delivery service, delivery can take place at any time between 8.00am to 5.00pm unless otherwise agreed.
  3. If you do not take delivery of the Goods we may, at our discretion  and without prejudice to any other rights: after 10 business days , resell of or otherwise dispose of or part of all the Goods and charge you for any shortfall below the price of the Goods.

INSPECTION AND ACCEPTANCE OF GOODS

  1. You must inspect the Goods on delivery or collection.
  2. If you identify damages or shortages, you must inform us immediately proving details.
  3. We will be under no liability or further obligation in relation to the Goods if: you fail to provide notice as set as above and/or you make any further use of such Goods after giving notice under the clause above relating to damages or shortages

RISK AND TITLE

  1. Title of the Goods will not pass to you until we have received payment in full ( in cash or Bank transfer)

TERMINATION

  1. We can terminate the sale of Goods under the contract where: you commit breach of your obligations under these Terms and Conditions, you are or become subject of Bankruptcy.
  2. We can Terminate any contract between us and you for continued late or none payment of the Goods.

LIMITATION OF LIABILITY

  1. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
  2. We will not be liable ( whether caused by our employees, agents or otherwise) in connection with the Goods for: any indirection, special or consequential loss, damage, costs, or expenses, and/or any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation, or goodwill, business interruption, or other third party claims, and/or any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control and/or any losses caused directly or indirectly by failure or breach by you in relation to your obligations and/or any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods.

DATA PROTECTION

  1. The parties agree that where such processing of personal data takes place, the buyer shall be “data controller” and the seller “data processor” as defined in the General Data Protection Regulation (GDPR)
  2. The “seller” shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict “Need to know” basis