Terms & Conditions
PROVISION OF GOODS AND SERVICES
Mercian Snacks Limited has agreed to provide goods and services to the Customer in accordance to these Terms and Conditions (Conditions).
Unless otherwise stated by Mercian Snacks Limited in writing, these Conditions will apply to all quotations, credit applications and orders in relation to the goods or services provided. If the quotation, credit application and order refers to the Terms and Conditions on our website, then the Terms and Conditions on our website will apply.
Mercian Snacks Limited is not liable for any delay or any obligation in the Customer’s favour arising out of any event that is beyond Mercian Snacks Limited control.
Mercian Snacks Limited reserves the right to withdraw credit at any time.
Mercian Snacks Limited may stop supplying goods or services to the Customer, without notice, if the Customer is in default of any of these Conditions.
The Customer shall make payment to Mercian Snacks Limited for all goods and services supplied within seven (7) days from the date of invoice unless otherwise agreed to in writing between Mercian Snacks Limited and the Customer.
INTEREST AND RECOVERY FEES
If payment is not made by the due date, Mercian Snacks Limited may charge interest calculated on a daily basis until paid in full at the rate prescribed by the Penalty Interest Rate Act 1983 (Vic).
The Customer charges any interest it has in any real or personal property or any real or personal property acquired in the future.
Any expenses, costs or disbursements incurred by Mercian Snacks Limited in recovering any outstanding monies including debt collection agency fees and legal fees (on a standard basis) shall be paid by the Customer.
The Customer agrees that Mercian Snacks Limited may, subject to the Privacy Act, disclose commercial credit-related information of the Customer to credit reporting bodies for the purposes of assessing credit worthiness and providing the goods or services to the Customer. The Customer consents to the collection of commercial credit-related information about the Customer, from credit reporting bodies and other sources in accordance to Mercian Snacks Limited policy.
Mercian Snacks Limited catalogues, price lists, and quotations do not constitute offers.
Any description of products or services given by Mercian Snacks Limited is for identification purposes and do constitute a contract of sale by description.
To the extent permitted by UK law, Mercian Snacks Limited excludes all conditions, warranties, terms, and consumer guarantees implied by law arising in connection with the supply of goods or services. To the extent permitted by law, Mercian Snacks Limited- limits its liability by providing the goods or services again.
To the extent permitted by law, Mercian Snacks Limited excludes any liability in contract, tort (including negligence) or otherwise, in connection with the supply of goods or services for any indirect damages or losses, or for any special punitive or exemplary damages. This includes any liability for a claim that the goods or services provided were not fit for purpose nor rendered with due care and skill except where the goods or services in which case Mercian Snacks Limited liability is limited as set out in the clause above.
Any party may immediately terminate these Conditions by giving written notice of termination to the other party on any of the following grounds:
(a) Any step is taken (including and without limitation to an application made, proceedings commenced, or resolution passed or proposed in a notice of meeting) for:
(i) the winding up, dissolution or administration of the other party; or
(ii) the other party entering into any arrangement, compromise or composition with or assignment for the benefit of its creditors or any class of them, except for the purposes of a solvent reconstruction or amalgamation;
(b) a receiver, receiver and manager, or other controller as defined in s9 of the Corporations Act 2001, administrator or similar officer is appointed with respect to or takes control of the other party or any of its assets and undertakings;
(c) the other party, being a corporation incorporated in the UK, becomes insolvent or suffers any event or similar event to that referred to in paragraphs (a) and (b);
(d) the other party ceases, or threatens to cease, to conduct business; or
(e) the other party breaches a provision of these Conditions and has not remedied that breach within fourteen (14) Business Days after service of notice of the breach from the party giving notice of its intention to terminate the agreement.
For the purposes of any payment obligation under these Conditions, time is of essence.
The Customer agrees that:
(a) If a Customer signature or execution is required, the requirement is to have been met by an electronic communication; and
(b) If Mercian Snacks Limited is required to produce a document that is in the form of paper, the requirement is to have been met by electronic communication.