(These Terms and Conditions apply to all orders placed with QFS, whether by telephone, email, online ordering platform, EDI connection or any other ordering method. By opening an account, placing an order or accepting delivery of goods, the customer confirms its acceptance of these Terms and Conditions..)

 

1. Availability and Minimum Order Value

All products are offered subject to availability. A minimum order value of £50 applies.

 

2. Prices

Prices are subject to fluctuation. The prices charged shall be those in effect at the time of dispatch.Despite reasonable efforts to ensure accuracy, errors may occasionally occur in product descriptions, availability, specifications or pricing displayed on the QFS website or online ordering platform. QFS reserves the right to correct any such error and may amend or cancel any order affected by a genuine error prior to dispatch of the goods.

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3. Credit Terms

All orders are subject to credit approval by Quality Food Service Ltd ("QFS").

Customers with approved credit accounts must settle invoices in accordance with their agreed payment terms. Where credit approval has not been granted, or cannot be established, payment in full will be required prior to order fulfilment on a pro-forma basis.

QFS reserves the right to delay, suspend or refuse the processing of any order until cleared funds have been received.

 

4. Online Ordering

Where QFS provides access to an online ordering platform, website, portal or other electronic ordering service, the customer shall be responsible for maintaining the confidentiality and security of all usernames, passwords and other access credentials issued to it.

The customer shall ensure that access to the online ordering platform is restricted to authorised personnel only.

Any order submitted through the online ordering platform using the customer's account credentials shall be deemed to have been authorised by the customer and shall be binding upon the customer.

The customer shall notify QFS immediately if it becomes aware of any unauthorised access to its account, loss of credentials or suspected misuse of the online ordering platform.

QFS reserves the right to suspend, restrict or terminate access to the online ordering platform where necessary for security, maintenance, operational or commercial reasons.

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5. Website and System Availability

QFS will use reasonable endeavours to maintain the availability and functionality of its website and online ordering services.

However, QFS does not guarantee uninterrupted or error-free access to such services and reserves the right to suspend, withdraw, modify or restrict access at any time for maintenance, security, operational or other business reasons.

QFS shall not be liable for any loss, delay, inability to place orders or other disruption arising from temporary interruption, maintenance activities, communication failures, software defects, cyber incidents, third-party service failures or other circumstances beyond its reasonable control affecting online ordering services.

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6. Overdue Accounts

If an account becomes overdue, QFS reserves the right to suspend further deliveries and refuse additional orders until the account is brought within agreed payment terms.

QFS reserves the right to charge interest on overdue balances and recover reasonable costs incurred in the collection of outstanding debts, in accordance with applicable legislation.

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7. Failed Payments

A charge may be applied for any cheque, direct debit or other payment returned unpaid by the customer's bank.

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8. Retention of Title and Risk

Risk in the goods shall pass to the customer upon completion of delivery.

Legal title and ownership of the goods shall remain with QFS until QFS has received payment in full for those goods and all other sums due from the customer under any contract between QFS and the customer.

Until title passes to the customer:

a) The customer shall store the goods separately where reasonably practicable and in a manner that enables them to be clearly identified as the property of QFS;

b) The customer shall take reasonable care of the goods and keep them adequately insured against loss or damage;

c) QFS shall be entitled to require the customer to return any goods for which payment has not been received in accordance with the agreed credit terms; and

d) The customer shall provide QFS with reasonable access to inspect and identify goods for which title remains vested in QFS.

Nothing in this clause shall affect the customer's obligation to pay for goods supplied in accordance with the agreed payment terms.

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9. Delivery, Shortages and Damage Claims

Goods must be checked as soon as reasonably practicable upon delivery.

Claims for visible shortages, damage or delivery discrepancies must be recorded on the proof of delivery and reported to QFS at the time of delivery. QFS reserves the right to reject claims for visible shortages, damage or discrepancies that are not reported at that time.

Where a defect or quality issue could not reasonably have been identified at the time of delivery, the customer must notify QFS immediately after becoming aware of it and provide the information required under Clause 10.

All deliveries are recorded using QFS’s proof of delivery system.

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10. Signed Deliveries

Signing for a delivery without recording any visible shortage, damage or discrepancy on the proof of delivery constitutes acceptance that the delivery is complete, accurate and in good condition, except in respect of any defect or quality issue that could not reasonably have been identified at the time of delivery.

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11. Chilled and Frozen Products

To comply with HACCP and food safety requirements, QFS cannot accept the return or collection of chilled or frozen products except where required by law or where expressly authorised by QFS.

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12. Product Quality Issues

If any product is found to be unsatisfactory in nature, substance or quality, QFS must be notified immediately.

The customer must provide details including the delivery date, product description, batch information where applicable and the reason for the complaint.

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13. Returns Procedure

Drivers are not authorised to accept returns without the appropriate documentation.

Where a return is approved, both the product and its original packaging must be retained and made available for inspection.

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14. Credits

Credits will only be issued following inspection by QFS or, where appropriate, the manufacturer.

Credits will not be issued for products that:

Have passed their “best before” or “use by” date;

Have been incorrectly stored;

Have been mishandled;

Have become contaminated by other products; or

Have been altered after delivery.

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15. Delivery Equipment

Any delivery equipment supplied by QFS, including but not limited to cages, plastic crates, milk tubs, trays and similar transport equipment, remains the property of QFS at all times.

QFS reserves the right to charge for any equipment that is lost, damaged or not returned.

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16. Product Recall and Traceability

In the event of any product withdrawal, recall, food safety alert or regulatory action affecting goods supplied by QFS, the customer shall:

Immediately cease the sale, distribution and use of any affected product upon notification by QFS, the manufacturer, a regulatory authority or any competent enforcement body;

 Take all reasonable steps to identify, isolate and prevent further use, sale or distribution of the affected product;

Maintain adequate records to enable affected products to be traced within the customer's business and, where applicable, to customers to whom the products have been supplied;

Cooperate fully with QFS, the manufacturer and any relevant regulatory authority in relation to any product withdrawal, recall, investigation or corrective action;

Provide such information as may reasonably be required by QFS concerning stock holdings, product locations, distribution records and quantities affected; and

Comply with all instructions issued by QFS regarding the segregation, return, disposal, destruction or other handling of affected products.

Where a product recall, withdrawal or food safety incident arises from a manufacturing defect, contamination, labelling error or similar issue not caused by the customer, QFS may, at its discretion, provide a credit, replacement product or other appropriate remedy.

Except where required by law, QFS shall not be liable for any indirect or consequential losses arising from a product recall, withdrawal or food safety incident.

Nothing in this clause shall relieve the customer of its obligations under applicable food safety, traceability or regulatory requirements.

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17. Allergen and Product Information

QFS takes reasonable care to obtain and maintain accurate allergen, ingredient, nutritional and product information from manufacturers, suppliers and other relevant third parties.

Product specifications, ingredient declarations, recipes, manufacturing processes, nutritional values and allergen information are provided by manufacturers and suppliers and may change without notice. Whilst QFS will use reasonable endeavours to communicate updated information when notified of such changes, QFS relies upon information supplied by third parties and cannot guarantee that such information will always be complete, accurate or current.

Customers should independently verify allergen, ingredient and nutritional information where such information is material to their intended use of the products, particularly where products are intended for individuals with food allergies, intolerances, coeliac disease or other specific dietary requirements.

Where allergen, ingredient or nutritional information is critical to a purchasing decision, customers should obtain the latest available product specification from QFS before use and should not rely solely on previously supplied specifications, catalogues, websites, ordering platforms or historical product information.

Except where caused by the negligence, fraud or wilful misconduct of QFS, QFS shall not be liable for losses arising solely from inaccurate, incomplete, outdated or amended allergen, ingredient, nutritional or product information supplied by a manufacturer, supplier or other third party.

Nothing in this clause shall exclude or limit any liability that cannot lawfully be excluded or limited.

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18. Data Protection

QFS processes personal information in accordance with applicable UK data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Further information about how personal data is collected, used and protected is available in the QFS Privacy Notice, which is available upon request.

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19. Force Majeure

QFS shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to adverse weather conditions, flood, fire, pandemic, industrial disputes, labour shortages, fuel shortages, transport disruption, supplier failure, utility outages, cyber incidents, government action or any other event beyond QFS's reasonable control.

QFS shall be entitled to suspend performance of its obligations for the duration of such event and shall not be liable for any resulting loss or damage.

QFS will take reasonable steps to minimise the effect of the event and will notify affected customers where reasonably practicable.

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20. Limitation of Liability

Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.

Subject to the above, QFS's total liability in connection with the supply of goods shall not exceed the value of the goods that are the subject of the claim.

QFS shall not be liable for indirect, consequential or economic loss, including loss of profit, loss of business, loss of goodwill or loss of anticipated savings.

The customer remains responsible for ensuring that products supplied are suitable for their intended purpose and are stored, handled and used in accordance with applicable food safety requirements.

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21. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising from them shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to hear and determine any dispute arising from or connected with these Terms and Conditions.

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