Tamar Fresh Ltd – Terms and Conditions of Business
The Contract
For the purpose of this contract, Tamar Fresh Ltd shall be described as the “Supplier”, and the entity placing an order shall be described as the “Customer”.
No variation to these Terms and Conditions (the “Contract”) shall apply unless confirmed in writing and signed by an authorised representative of the Supplier.
By placing an order, the Customer is deemed to have accepted these Terms in full. This applies equally to verbal and written orders.
The Order
The Customer must advise the Supplier at the time of ordering of any specific product requirements, including but not limited to product grade, quality, size, specification, or description.
Where a Customer orders a product prepared or sourced specifically to their requirements and subsequently cancels the order, the Supplier reserves the right to charge the full value of the order.
Prices
Prices applicable are those in force at the time the order is placed. A price list is available upon request. All prices are exclusive of VAT, which will be charged at the prevailing rate.
Unless otherwise agreed in writing, standard delivery charges apply only to the Supplier’s standard delivery routes. Deliveries outside standard routes, special trips, or bespoke delivery requirements may incur additional costs.
Prices may be altered without prior notice.
Promotions
From time to time, the Supplier may run promotional offers available only to eligible customers.
Products excluded from a promotion will not count towards qualifying thresholds and will not receive promotional discounts.
All promotions are subject to availability. The Supplier reserves the right to amend or withdraw a promotion at any time.
The Supplier shall not be liable for any financial loss arising from cancellation, withdrawal, or a Customer’s inability to benefit from a promotion.
Terms of Payment
Payment is due within the agreed times on the customer account application form, unless otherwise agreed in writing by the Supplier.
Payments received will be allocated to the Customer’s account in chronological order.
Late Payment:
Overdue amounts may, at the Supplier’s discretion, incur interest.
The Supplier may apply either: a) Statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8% above the Bank of England base rate), or b) An alternative agreed contractual rate.
The Supplier may also charge late-payment compensation and reasonable recovery costs.
If the Supplier reasonably believes the Customer may be unable to meet payment obligations, the Supplier reserves the right to demand immediate settlement of all outstanding balances and may suspend further supply.
The Supplier reserves the right to uplift goods previously supplied and credit the Customer at a value deemed reasonable.
Title and Risk
Risk in the goods passes to the Customer upon delivery within the United Kingdom. Responsibility for insurance from that point lies with the Customer.
Title to the goods remains with the Supplier until all outstanding sums, including charges and late-payment penalties, are paid in full. Goods are not supplied on a sale-or-return basis.
Upon delivery, it is the Customer’s responsibility to store goods appropriately, including maintaining correct chilled or ambient temperatures.
For the avoidance of doubt, the Customer remains fully liable for the value of goods that deteriorate or spoil due to incorrect storage, mishandling, or temperature abuse after delivery, including but not limited to dairy products such as milk.
Warranty
The Supplier warrants that all goods supplied, to the best of its knowledge, are of merchantable quality and comply with current UK food legislation.
Should a product be recalled, only the specific batch or product code affected will be eligible for return and credit as detailed in Clause 6.
The Customer must inspect goods upon delivery and notify the Supplier within 24 hours of any incorrect, damaged, or unsatisfactory items.
Where a claim is accepted, the Supplier’s liability is limited to replacement goods or credit at invoice value. Method of settlement is at the Supplier’s discretion.
The Supplier accepts no liability for third-party claims. It is the Customer’s responsibility to ensure goods are used correctly for their intended purpose.
All goods are supplied subject to availability.
The Supplier reserves the right to suspend or refuse supply at any time and without obligation to provide a reason.
Liability
In cases of insolvency, liquidation, administration, receivership, or reasonable belief that such events may occur, Clause 5.2
The Supplier shall not be liable for failure to fulfil obligations under this Contract where such failure arises from circumstances beyond its control, including but not limited to strikes, power failures, transport disruption, shortages of raw materials, acts of war, or civil unrest.
For goods prepared or sourced to a Customer’s specific requirements, the Supplier accepts no liability beyond preparation faults. These goods remain fully chargeable in accordance with Clause 2.2.
Delivery
All delivery times provided by the Supplier are estimates. The Supplier accepts no liability for losses arising from delayed delivery.
Unless the Customer instructs otherwise, deliveries will be made to the invoice address. If incorrect delivery details are provided, additional delivery costs will be charged to the Customer.
Damage or shortages must be reported in accordance with Clause 7.
Due to the perishable nature of fresh produce, the Customer must accept delivery when the Supplier is able to fulfil the order. Redelivery costs may be charged if the Customer is unavailable.
If delivery is attempted at an agreed time and unloading is unreasonably delayed by the Customer, the Supplier may withdraw the delivery vehicle and charge associated transport costs.
The Supplier operates a chilled supply chain. Frozen goods delivered under chilled conditions should be regarded as tempered and ready for immediate use.
GDPR & Data Protection
We comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR). Any personal data provided by the Customer will be used solely for the purposes of account administration, order processing, credit control, and the management of our business relationship.
In processing the Customer’s application for credit, the Supplier may undertake credit checks using third-party databases. By applying for credit or placing an order, the Customer is deemed to have consented to such checks.
Personal data will not be shared with third parties except where required for legitimate business purposes, legal obligations, or where the Customer has provided explicit consent.
The Customer has the right to request access to their personal data, request corrections, or request deletion of their data, subject to any legal or contractual obligations requiring retention. Such requests may be made at any time by contacting the Supplier.
Governing Law
This Contract shall be governed by the laws of England and Wales.
