Terms of Sale
These terms and conditions ("Terms") are applicable to all agreements, contracts, and orders processed by Rose Marketing UK Ltd ("The Company") unless expressly varied in writing. By placing an order with the Company, the customer ("Buyer") agrees to be bound by these Terms.
Orders
Orders are subject to availability and pricing at the time of dispatch, plus VAT where applicable. They are not accepted on a sale or return basis.
Prices cannot be varied by the Company's sales representatives or Agents unless authorised in writing by a Director or Manager.
Variations or cancellations to orders are at the discretion of the Company, provided they are requested before dispatch and the Buyer covers the Company's reasonable expenses.
Quantities
Case quantities are indicated on all delivery notes and invoices.
Title to the Goods
Title to the Goods remains with the Company until full payment is received from the Buyer.
Until title passes, the Buyer must store the Goods separately and clearly marked as belonging to the Company.
The Buyer may sell or use the Goods in the ordinary course of business, with proceeds held in trust for the Company.
Passing of Risk to the Buyer
The risk in Goods remains with the Company until delivery at the nominated point. Upon collection by the Buyer, risk transfers immediately.
Delivery
The Company will endeavour to adhere to its delivery schedule but is not responsible for delayed delivery.
Shortages or damages must be notified to the Carriers and the Company within 48 hours of receipt.
Delivery is carriage paid to one mainland UK address.
Returns
Goods may only be returned with the Company’s written consent.
Quality
Defective articles will be replaced or credited upon examination. The Company's liability is limited to replacement or credit of defective goods.
Specification
The Company reserves the right to modify specifications without notification.
Compliance with Food Regulations
We warrant that all foods, food products or packaging materials intended for food use supplied will meet the requirements of Acts, Regulations and Orders applicable in the United Kingdom, including but not limited to the following.
- The Food Safety Act 1990
- The General Food Regulations 2004
- The Food Hygiene (England) Regulations 2005
- Regulation (EC) 178/2002 General Food Law
- Regulation (EC) No 852/2004 on the hygiene of foodstuffs
- Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs
- Regulation (EU) No 1169/2011 provision of food information to consumers (FIC Regulation). Annex II; Substances or products causing allergies or intolerances
- Regulation (EC) No 1334/2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods
- Regulation (EC) No 1333/2008 on food additives
- Regulation (EC) No 1935/2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC
- Commission Regulation (EC) No 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food
- Weights and Measures Act 1985
- Cocoa and Chocolate Products (England) Regulations 2003
- Flavourings in Food Regulations 1992
Food (Lot Marking) Regulations 1996
No alteration to the product or product labelling should be made without prior, written consent or agreement.
We undertake to carry out all checks a diligent supplier would reasonably carry out to ensure compliance with the Acts and Regulations mentioned. We agree to supply you, on demand, with the results of such checks in so far as they are relevant to indicating the lawful nature of the goods supplied by us to you.
Terms of Payment
Payment terms may be required in full or staged payments at or prior to delivery.
Payment for each delivery is due within 30 days from the invoice date, unless otherwise agreed in writing. Failure to pay may result in withholding or cancelling subsequent deliveries and charging interest.
Force Majeure
Deliveries may be suspended or cancelled due to circumstances beyond the Company's control. The Company shall not be liable for any resulting loss.
Resale of Goods
Goods are supplied for resale within the UK only unless otherwise agreed in writing.
Pallets
Blue pallets used for deliveries remain the property of the Company and should be made available for collection. Failure to return pallets may result in charges.
Whie pallets are delivered on a one-way basis and do not need to be returned.
Scope of Terms
These conditions constitute the Company's entire obligations upon acceptance of any order, regardless of conflicting terms submitted by the Buyer.
Legal Interpretation
The Contract is governed by Scottish law, with disputes resolved in the Scottish Courts or by arbitration in Scotland.
Waiver
The Company's failure to enforce any of these conditions shall not constitute a waiver of its rights.