Terms and Conditions

Trading Terms & Conditions
1.Definitions:
In these terms and conditions
1.1 “The Company” means Gima (UK) Ltd  a company registered in England. Company number 03638885, whose registered office is at ~Unit 4, Gima House, Ri9ppleside Commercial Estate, A13 Ripple Road, Barking, London IG11 0RH,
1.2 “The Customer” means any person, firm, company or other legal entity which places an order, or buys any products from the Company and includes the employees, agents or sub-contractors of any such person, firm, company or other legal entity
1.3 “Food” means any food or beverage or other products sold by the Company
1.4 “Non-Food” means any goods which are not food
1.5 “Contract” means a contract between the Company and the Customer for the sale and purchase of the Products
1.6 “Products” means any Food or Non-Food agreed in the contract to be supplied by the Company to the Customer
1.7 “Terms and Conditions” means the trading terms and conditions of sale
1.8 “Statutory Interest” means statutory interest as defined in Late Payment of Commercial Debts (Interest) Act 1998
1.9 “Cash” means monetary consideration UK bank notes and UK bank coins. “Cheque” means bank cheque, bank draft, direct debit or standing order

2.Trading Terms and Conditions:
2.1 These Trading Terms and Conditions shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions verbally communicated or implied by custom and practice
2.2 The Company reserves the right to amend or update the current Trading Terms and Conditions

3.Placing an order:
3.1 By placing an order with the Company the Customer is offering to contract with the Company on the basis of these Trading Terms and Conditions
3.2 The parties are bound by the Contract only when the Company accepts to process the order or deliver the Products to the Customer whichever occurs earlier
3.3 The Contract is subject to availability of the stock of the Company and Products are subject to availability and market conditions. The Company may limit the quantities of goods (food or non-food) supplied to any one customer
3.4 In the event of non-availability of any goods you order the Company may offer reasonable substitutes. This may affect the price the Customer pays and the Customer may reject any substitute item and we will refund the amount that has been charged for that substitute
3.5 Orders places by Customers may be recorded for training purposes

4.Abusive Behaviour & Company’s Rights:
4.1 Abusive behaviour from Customer to the Company’s staff will not be tolerated
4.2. The Company reserves the right to refuse to sell Products to abusive Customers
4.3 The Company reserves the right to refuse the acceptance of an order and may terminate any Customers trading account without explanation or notice
4.4. The Company may refuse entry to anyone at any time at its sole discretion

5.Attendance to Company’s Premises:
5.1 Parking on the Company’s premises are done entirely at the risk of the Customer and any people accompanying them save for liability for personal injury or death arising from the Company’s negligence
5.2 Children are admitted to our premises on the understanding they are accompanied by an Adult and kept under strict control
5.3 Animals cannot be admitted except for Guide Dogs
5.4 Smoking is not permitted at any of the Company’s premises
6.Minimum Order:
6.1 The Company’s minimum order value is available on the Vendor’s website or can be obtained by contacting the Company
6.2 The Company reserves the right not to deliver an order which is valued at less than the latest minimum order value
7.Deliveries:
7.1 Deliveries of Products to the Customer shall be in accordance with Company’s delivery schedule
7.2 The Company will not always guarantee delivery in accordance to the Customers requested timing schedule but will endeavour to do its best to keep to schedule
7.3 The Company shall not be liable for any loss or damage or claims whatsoever arising as a result of failure to deliver Products by a particular date or arising as a result of any causes beyond the Company’s control
7.4 The delivery of Products shall be made by the Company to such reasonably accessible premises as the Customer shall reasonably require
7.5 The Customer shall allow the Company reasonable access to such premises and shall use best endeavours to ensure that a responsible person shall be at the place to take and sign off the delivery of the Products.
7.6 Deliveries will be made to the address specified by the Customer when the account was opened with us
7.7 The Company reserves the right to restrict deliveries in certain areas and this includes the right to eliminate certain areas from our delivery schedule altogether which the Customer shall be notified of
7.8 If the Customer fails to take delivery or fails to give the Customer adequate delivery instructions at the time stated for delivery then without prejudice to other rights or remedy’s available to the Company, the Company may either charge the Customer the cost of carriage of the refused delivery both to and from the premises of the Customer in addition to the Company’s administration and re-stocking charges and for re-scheduling a delivery or a charge of 10% of the delivery value will be made
7.9 Shortages should be recorded at the time of delivery in the presence of the Company’s driver
7.10 The Customer will sign off the delivery note/hand held device highlighting the shortages and counter signed by the Company’s Driver otherwise it will be deemed that the Products ordered were delivered to the Customer

8.Returns:
8.1 The Company will only credit the Customer if the wrong product was delivered and returned on the same day with the same delivery driver in original condition
8.2 In the case of a collection from the Company’s warehouse, damages or other mistakes must be notified by the Customer prior to leaving the premises
9. Risk and Ownership:
9.1 All risks in the Products pass to the Customer on delivery
9.2 Ownership of the Products delivered to Customer shall remain with the Company until the Products are fully paid for by the Customer
10.Warranties:
10.1 The Company warrants that all Food and Non-Food Products shall comply with all UK and EU legislations to the Company’s knowledge information and belief
11.Price:
11.1 Contract Price for the Products is the invoice price
11.2 Any offers are subject to availability and the prices quoted or shown on the Company’s literature are exclusive of VAT
11.3 The Company reserves the right to vary or alter Product specification and price without prior notice.
11.4 Various Customers or customer groups may be excluded from promotions, such as  Wholesalers

12.Accounts
12.1 Initially all new accounts will be set as COD (cash on delivery)
12.2 The Company thereafter may apply for a Credit Account, pending decision and subject to references and cross references with Credit Agency, the Customer will continue with the current terms
12.3 All credit account invoices of one calendar month are due for payment on the 1st day of the following month

13.Payments:
13.1 The Customer must settle all accounts in accordance with all agreed trading term, in the event of Customer account being in arrears the Company reserves the right to withhold further supplies
13.2 The Company reserves the right to charge Statutory Interest on overdue balances for the period from the date on which the payment was due
13.3 The Customer may choose to settle their account with debit or credit card, and authority for payment will be requested from your card issuer at the time of your order and your card will be charged at the point of invoicing
13.4 The Company reserves the right to terminate the agreement with the Customer if it is refused authority for payment or reasonably believe that payment will be refused at any stage
13.5 In the event of any cheques, standing orders or direct debits due from a Customer to the Company being dishonoured, a charge of £30 (or such other sum as the Company may from time to time advise the Customer) will be made on the Customer’s account to cover the bank and administrative costs. For dishonoured cheques, customer’s terms will change to ‘Cash on delivery” and the account will be placed on hold until cleared funds are received in full to settle the outstanding balance of the account.
13.6 For Credit Account Customer any non or late payment will be considered as a breach of the agreed terms and conditions will render Credit Terms null and void Customer’s account will be put on hold, the Company has the right to start legal proceedings to recover any outstanding amount without any prior notice and the right to exchange information with Credit Agencies. The Customer will be responsible for the legal and other costs of the Company in attempting to recover owed sums
13.7 Maximum cash payment by one Customer is £5,000
13.8 Cash transactions over £5000 may require proof of identity
13.9 If the Customer fails to pay off or agree a payment plan to settle any sums owed to the Company within 14 days of demand then the Company may instruct bailiffs to recover the sums together with costs and interest and may start legal proceedings against that Customer

14. General Provisions:
14.1 The contract and any claims arising in connection with it shall be governed by English law and any dispute between us will be resolved exclusively in the English courts.