Terms and Conditions

Maltby&Greek Wholesale Conditions

• In these Conditions the following terms shall have the following meanings:

“Buyer”   the entity whose order is accepted by the Seller;

“Conditions”          these conditions of sale together with any additional conditions set out on the order which have been accepted by the Seller.

“Contract”              an agreement between the Seller and the Buyer which arises after the date on which a copy of these Conditions has been provided to the Buyer by the Seller

“Delivery Date” any date which falls within the time period for delivery of the Goods as is notified to the Buyer at the time the Buyer’s order for the Goods is accepted by the Seller.

“Goods” the merchandise as specified in the order for delivery to the Buyer.

“Seller”                   Maltby & Greek Wholesale Limited

1. Information Provided

Always read the label before using the product and never rely solely on the information presented on our website.

While every care has been taken to ensure product information is correct, food products are constantly being reformulated. You should always read the product label and not rely solely on the information provided on the website. Although product information is regularly updated, The Seller is unable to accept liability for any incorrect information. 

2. Agreement for Sale

The Seller shall sell and the Buyer shall purchase the Goods specified in the Buyers order and confirmed in writing by the Seller.

The Conditions (including any agreed in writing between the parties on the accepted order) shall apply to such sale.

By placing an order for the goods the Buyer shall be deemed to have accepted these Conditions.

No additional conditions shall apply nor there any variation to these Conditions unless they are agreed in writing.

3. Formation of the Contract

An agreement (on these Conditions) shall arise upon the written acceptance by the Seller of a written offer or verbal offer to purchase the Goods by the Buyer.  The acceptance shall specify the parties, the Goods, the price, the Delivery Date and any additional Conditions.

It is not required that a copy of these Conditions is attached to the Contract or acceptance of any order.

No order which has been accepted by the Seller in writing may be cancelled by the Buyer except with the agreement in writing of the Seller.  The Seller may impose (or the parties may agree) reasonable terms for the cancellation of any accepted order by the Buyer.

4. Price

The price of the Goods shall be the Seller’s quoted price as confirmed in the Buyer’s order and the Seller’s acceptance of that order.

 The price will be deemed to be net of VAT unless stated otherwise in the price quote.

5. Payment

The Seller shall be entitled to invoice the Buyer for the price of the Goods, including any notified delivery, packaging and insurance charges, on or at any time after delivery of the Goods or otherwise as is agreed by the parties. 

If it is agreed that the Buyer will collect the Goods from the Seller then “delivery” shall take place at the time of collection or on the date notified by the Seller to the Buyer that the Goods are available for collection with sufficient information to enable the Buyer to collect the Goods

The Buyer shall pay the price of the Goods in full on delivery or within such other period as is agreed in the accepted order.

If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to charge the Buyer interest on any unpaid sums at 8% per annum above the Bank of England base rate.

6. Delivery

The Delivery Date is approximate only and the Seller shall not be liable for any delay in the delivery of the Goods howsoever caused.

Time for delivery shall not be of the essence unless previously agreed in writing.

The Buyer shall not be entitled to refuse delivery of the Goods on the basis that less than the full amount of the Goods has been delivered.

The Buyer shall be entitled to credit for the undelivered part of a larger order for Goods, unless the Seller confirms that any undelivered Goods have already been dispatched from their place of manufacture.  In such a case the Seller shall be entitled to deliver and the Buyer shall pay for the balance of the Goods when delivered in accordance with the payment terms in these Conditions.

If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time of the order (so that the Seller cannot reasonably effect delivery on the Delivery Date) then, without prejudice to any other right or remedy available to the Seller, the Seller may without liability to the Buyer in respect of the condition of storage:

store the Goods until actual delivery and charge the Buyer for the reasonable costs (including handling and insurance) of storage; and/or

sell the Goods at the best price readily obtainable.

The Buyer will remain responsible for the payment of the price on the date specified for delivery in accordance with the Conditions (together with interest for late payment).  The Seller will credit against that price (and interest charges) any amounts received for the Goods sold as above after deducting therefrom all reasonable storage transportation and other costs including the cost of selling the Goods.

7. Risk

The risk of loss and damage to the Goods shall pass to the Buyer immediately upon delivery (or on the date when the Buyer fails or wrongfully refuses to take delivery of the Goods or the Seller is unable to deliver the Goods as a result of inadequate delivery instructions) unless the Goods are to be collected by the Buyer when risk shall pass to the Buyer on the date when the Goods are ready for collection as notified by the Seller to the Buyer

8. Title

Notwithstanding delivery and the passing of risk, property in the Goods shall not pass to the Buyer and shall remain with the Seller until the Buyer has paid to the Seller the full price for all the Goods together with any VAT under the particular contract.

In the event that identical or similar merchandise is supplied to the Buyer under separate orders of which part has been sold, the merchandise supplied earliest shall be deemed to have been sold first.

The Buyer will be responsible to the Seller for any loss, or deterioration in the quality, of the Goods (which are unpaid) whilst in its custody or control.

The Buyer will allow the Seller on reasonable notice access to the Buyer's premises (where any Goods are held)

to inspect and take inventories of the Goods;

and to verify (but without obligation on the Seller to do so) that the Buyer’s obligations are being complied with,

The Seller reserves the immediate right of repossession of any Goods to which the Seller has retained title which right is exercisable at any time after delivery or collection of the Goods (and exists for so long as the Goods are not paid for in full) and the Buyer hereby grants an irrevocable right and licence to the Seller to enter any premises where the Goods are stored without prior notice for this purpose.

Notwithstanding the remaining provisions of clause 8, title in all of the Goods supplied by the Seller to the Buyer from time to time after the signing of these Conditions shall remain with the Seller until the Buyer has settled all outstanding invoices from the Seller.

9. Liability

The Seller shall not be liable to the Buyer:

for shortages in quantity delivered unless the Buyer notifies the Seller of any claim for short delivery within 24 hours of receipt of the Goods;

for damage to or loss of the Goods or any part thereof in transit (where the Goods are carried by the Seller's own transport or by a carrier on behalf of the Seller) unless the Buyer shall notify the Seller of any such within three days of receipt of the Goods of the scheduled date of delivery whichever shall be the earlier;

for defects in the Goods caused by abnormal conditions of storage, wilful damage, negligence, failure to follow the Seller's instructions (whether oral or in writing) or misuse of the Goods without the Seller's prior written approval;

for other defects in the Goods unless notified to the Seller within 3 days of receipt of the Goods by the Buyer; or

for claims arising in respect of any Goods which have been price marked by the Buyer.

The Seller shall not be liable to the Buyer under this clause unless the Buyer notifies the Seller in writing of potential claim.

 The Buyer may return the Goods using the Seller's carrier provided that such Goods must be delivered to the carrier for return to the Seller as soon as possible after delivery of the Goods. All Goods returned via the Seller's carrier shall be at the Buyer's risk.

Where liability is accepted by the Seller under paragraph 9.1 the Seller's only obligation shall be at its option to make good any shortage or non-delivery and/or as appropriate to replace any of the Goods found to be damaged or defective and/or to refund the cost of any such Goods to the Buyer by the way of either a credit note or a cash sum.

The Seller's aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances shall exceed the cost of the defective, damaged or undamaged Goods which gave rise to such liability as determined by the net price invoiced to the Buyer (less any discount awarded in respect thereof) in respect of any occurrence or series of occurrences.

Except as expressly provided in these conditions all conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the Goods are hereby excluded and the Seller shall be under no liability to the Buyer for any loss damage or injury direct or indirect (including without prejudice to the generality of the foregoing consequential loss or damage, whether for loss or profit or otherwise) resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Seller its employees or agents SAVE THAT the Seller shall accept liability for death or personal injury caused by the negligence of the Seller.

The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of Goods by the Seller being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Seller's reasonable control. If due to such circumstances or events the Seller has insufficient stocks to meet all its commitments the Seller may apportion available stocks between its customers at its sole discretion.

10. Third Party Rights

The parties intend that the Seller shall transfer to the Buyer only such right title and interest title as the Seller may have in the Goods and the Seller shall have no liability to the Buyer in the event of Goods infringing or being alleged to infringe the rights of any third party.

11. Trade Marks

The Buyer will not do (nor authorise any third person to do) any act which would or might damage or be inconsistent with the trademarks used by the Seller in relation to the Goods or to the goodwill associated therewith and, in particular, will not do or authorise the alteration, obliteration, covering up or incorporation of other marks (in whole or in part) on to the Goods.

All advertising, promotion and selling materials supplied by the Seller to the Buyer shall remain the property of the Seller and the Buyer shall not permit any other person to make use thereof.

12. Insolvency of the Buyer

This Clause applies if:

the Buyer makes any arrangement with its creditors or if a bankruptcy petition is presented or if the Buyer enters into liquidation whether compulsorily or voluntarily or has a receiver appointed of the whole or any part of its assets or undertaking or has an administrator appointed to manage its affairs, business and property or if it takes or suffers any similar action in consequence of debt; and /or if

the Seller reasonably believes that any of the events mentioned above is about to occur in relation to the Buyer or any other matter which in the opinion of the Seller may prejudice its rights against the Buyer:

in such a case then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.  Furthermore the Seller shall forthwith be entitled to exercise its rights under clause 8 above.

13. General

A failure by the Seller to exercise or enforce any rights under this Contract or at law shall not be deemed to be a waiver of any such right nor operate to bar its exercise or enforcement at any future time or times.

All the dealings between the Buyer and the Seller are confidential. The Buyer agrees and undertakes not to approach any suppliers of the Seller directly nor instruct nor request any third party to do so.

The Buyer will not use any information for its own purpose nor disclose any information to third parties, other than approved representatives, other than as required by law, unless with the Seller’s written consent.

If any provision or part of a provision of these Conditions shall be, or be found by any court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these conditions, all of which shall remain in full force.

This Contract and any dispute or other matters arising out of it shall be governed and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.