In this trade agreement, references to “we”, “us” and “TSS” are to T Soanes & Son (Poultry) Ltd (CRN: 05217234).
This trade agreement is expressly subject to our terms and conditions of supply available at http://soanespoultry.co.uk/terms_conditions (“T&Cs”) and must be read in conjunction with the T&Cs.
1.1 Orders can be placed by email, telephone and in person. We cannot accept voicemail or fax as these can get missed. All orders should be placed by 10.30am. If orders are placed after 10.30am we will seek to process them that day (subject to product availability). If we are unable to fulfil an order, the customer will be notified as soon as possible.
1.2 Unless otherwise instructed by the customer, where availability is restricted, we reserve the right to substitute part or all of the order on all products by a size either way. We will consult with the customer prior to this where possible.
1.3 Standing orders for repeat deliveries (Standing Orders) may be placed but if a particular Standing Order is not required, it must be cancelled by 10.30am on the day prior to intended delivery. If an unwanted Standing Order is not so cancelled we reserve the right to: (1) invoice you up to the value of that Standing Order; and (2) cancel all future Standing Orders.
2.1 Delivery times are approximate only. We cannot deliver to a set time unless specifically arranged (which may incur additional cost). We will endeavour to advise you of any significant delay to an estimated delivery time.
2.2 On delivery the customer must check their order against the delivery note / invoice and sign the attached proof of delivery (POD) and delivery note.
2.3 Any discrepancies / damaged, wrong or missing products should be reported in the first instance to our driver who will complete a “customer service form” (a copy will be provided to the customer). This form together with any rejected products will be returned to TSS for investigation.
2.4 In the event of discrepancies / damaged, wrong or missing products being discovered after the driver has left the customer’s premises, you must notify the TSS sales office (01377 217243 or email@example.com) immediately and not later than 24 hours after delivery. TSS will investigate and raise a customer service form, and if necessary arrange for the product to be returned to TSS at TSS’s cost. To process the investigation we require the following information: Product, invoice number, weight, use by date and a copy of the case end label (if available).
2.5 Subject always to clause 5 of the T&Cs, TSS reserves the right not to accept claims for any discrepancies / damaged, wrong or missing products that were not reported to the driver upon delivery.
3.1 You must notify TSS, and receive confirmation from TSS, prior to returning any products delivered.
3.2 All complaints and returns will be investigated and a response given.
3.3 TSS reserves the right to refuse to give a credit note if the product has not been stored correctly or is not in its original form (e.g. it has been processed or the unit of sale is not intact), unless by prior agreement.
4.1 Pallets, crates and dolav pallet boxes (Dolavs) remain at all times the property of TSS and must be retained and returned to TSS except where separate agreement exists in writing. In event of any of these items not being returned, TSS reserves the right to invoice the customer for the replacement of these items at the following rates: Pallets £3, crates £8, Dolavs £150.
5.1 Unless otherwise agreed, all invoices must be paid in cash at or prior to the time of delivery.
5.2 Subject to status and at our discretion, a credit facility may be extended to customers. A credit facility may be altered or withdrawn without notice. We are not obliged to allow credit up to any credit limit that may be published by a third party.
5.3 Where a credit facility has been granted, payment terms are 28 days following delivery unless special terms have been agreed in writing. Delivery of products without payment or delivery of products whilst any payment to TSS is overdue shall not under any circumstances constitute a revision to the prevailing payment terms.
6.1 All requests for credit notes must be made in writing to firstname.lastname@example.org as soon as possible following delivery and in any event no later than 24 hours of delivery, quoting the invoice number and delivery date.
6.2 In the event of missing, damaged or wrongly delivered products, TSS will if necessary and at its discretion, raise a credit note within 5 working days of delivery, or 10 working days if an investigation has to be carried out.
6.3 You are not entitled to set off, or in any way withhold, payment due on an invoice because of any potential claims for missing, damaged or wrongly delivered products. Even if your claim is ultimately approved, you must nonetheless pay by the due date for all products delivered, prior to any claim being actioned or credit being raised. In event of a customer purporting to set-off in any way (including “self-credits” where any amount is deducted from one of our invoices), TSS reserves the right to charge the customer an administration fee of £50 per such purported set-off.