Terms & Conditions For New Century Foods
License to use website
Unless otherwise stated, New Century Foods and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent. You must not use this website for any purposes related to marketing without our express written consent.
This website is provided “as is” without any representations or warranties, express or implied. New Century Foods makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, New Century Foods does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of liability
New Century Foods will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if New Century Foods has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation on the part of New Century Foods; or
- matter which it would be illegal or unlawful for New Century Foods to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, New Century Foods has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as New Century Foods.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify New Century Foods and undertake to keep New Century Foods indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by New Century Foods to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by New Century Foods arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, New Century Foods may take such action as New Century Foods deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
New Century Foods may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
New Century Foods may transfer, sub-contract or otherwise deal with [NAME'S] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with our Trading Terms below, constitute the entire agreement between you and New Century Foods in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of United Kingdom.
General Terms of Business
“These Conditions”: The terms & conditions set out below.
“The Buyer”: The purchaser of Goods
“The Company”: New Century Foods Ltd, 14 Ram Boulevard, Scunthorpe DN15 8QW
“The Goods”: Any and all of the goods ordered by the Buyer and/or supplied by the Company.
2. Application of these conditions
All quotations and price lists are given and all orders are accepted on these
Conditions which shall override and exclude any other terms stipulated or
Incorporat ed or referred to by the buyer (whether in the Buyers order or
Elsewhere and whether reduced to writing or not) and any course of dealing established between the Company and the Buyer.
3. Conditions and Warranties
The goods are guaranteed to be of the nature, substance and quality described.
4.1 All Goods will be invoiced at the prices ruling at the date of order.
4.2 Interest shall be payable by the Buyer on any sum due but unpaid at the rate of 5% above the base rate of Yorkshire Bank plc from time to time.
4.3 All payments must be made to the Company, not an individual.
4.4 Payments received by the Company shall be set first against any interest payable but unpaid and against the oldest outstanding invoice.
4.5 New Century Foods Ltd reserve the right, immediately on despatch, to offset against the total debt owing to them whether due for payment or not, the value of any goods purchased from the buyer.
5 Delivery and Liability
5.1 All delivery dates are estimates only and the time of the delivery shall not be of the essence. Should the Company be prevented from or hindered in delivering the Goods or any part thereof by reason of war, riot, explosion, fire flood, strike lock-out, acts or regulations of Government, shortage of materials or labour or any cause beyond the Company’s control, the time for delivery shall be extended until the operation of the cause preventing or hindering delivery has ceased.
5.2 Should the Company be prevented in delivering part of the Goods by reason of any of the clauses specified in the preceding sub-clause the Company shall deliver and the Buyer shall take and pay for such part of the Goods as the Company shall be able to deliver in accordance with these conditions. The Company reserves the right to deliver the Goods by instalments and to tender a separate invoice in respect of each instalment. Where the goods are delivered by instalments, the Contract shall become severable and each instalment shall be deemed to be the subject of a separate contract. No default or failure by the Company in respect of any one or more instalments shall entitle the Buyer to treat the contract as repudiated or to claim damages.
5.3 In no circumstances shall the company be liable to compensate the Buyer in damages or otherwise for late delivery or non-delivery of the Goods or any of them for any loss whether economic, consequential or otherwise arising there from.
5.4 No claim that the Goods or any of them are faulty or defective or lack quality of fitness shall be entertained unless made within 72 hours of delivery or collection.
5.5 Claim for loss or damage in transit cannot be considered unless notified in writing to the Company’s carriers and the Company within three days of delivery. Notifications should give delivery note number, list the Goods damaged or short, and detail the damage. The Company should retain damaged Goods accepted by the Buyer for inspection.
5.6 In cases of non delivery of a consignment, claims cannot be considered unless notified in writing to the Company’s carriers and the Company are similarly notified within forty-eight hours of the due delivery date.
5.7 Liability shall be limited to replacement of Goods actually damaged or lost in transit.
Title and Risk
6.1 Property in the Goods shall not pass to the Buyer until they are fully paid for, but the risk in the Goods shall be borne by the Buyer from the date of delivery by the Company or the Company’s carrier to the Buyer.
6.2 In the event that the price for the Goods is not paid by the Buyer by the due date the Company shall at its absolute discretion be at liberty either to recover the Goods or bring an action against the Buyer for the price of the Goods.
6.3 The Buyer agrees that prior to the payment of the whole price of the Goods, the Company may enter upon the Buyers premises and remove the Goods there from and that prior to such payment the Buyer shall keep the Goods separate and identifiable for this purpose.
6.4 Without prejudice to the foregoing the Company may bring an action against the Buyer for any such loss or damage suffered in consequence of the Buyers failure to pay the price for the Goods.
Governing Law and Jurisdiction
The Contract shall in all respects be governed by and construed in accordance
With English Law, and the Company and the Buyer shall submit to the
Exclusive jurisdiction of the English courts.