1. Definitions
1.1. In this document, the following words shall have the following meanings:
1.2. “Fairmount Group” means Fairmount Group Limited of 163 Parrock Street,. Gravesend, DA12 1ER, United Kingdom,
Company No. 13438648, VAT registration GB434266304.
1.3. “Buyer” means the organisation or person who buys Goods from Fairmount Group;
1.3.1. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions
agreed in writing by Fairmount Group;
1.4. “Delivery date” means the date specified by Fairmount Group when the Goods are to be delivered;
1.5. “Goods” means the articles to be supplied to the Buyer by Fairmount Group;
1.6. “Order Number” means the unique number that appears on the Purchase Order/Invoice/Proforma.
1.6.1. “Price” means the price set out on the Invoice by Fairmount Group as amended from time to time or such other price as the parties
may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by Fairmount Group
or as may apply in accordance with these conditions;
1.7. “Parties” means the Buyer and Fairmount Group.
1.8. “Purchase Order” means an order for the purchase of goods served by Fairmount Group.
1.9. “Debt” means any monies outstanding to Fairmount Group that have not been settled on the Invoice Terms and Conditions
2. General
2.1.1. These conditions shall apply to all contracts for the sale of Goods by Fairmount Group to the Buyer to the exclusion of all other terms
and conditions including any terms or conditions which the Buyer may seek to apply under any purchase order, order
confirmation or similar document.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.3.1. Any variation to these Conditions (including any special terms and conditions agreed between the parties including
without limitation as to discounts) shall be inapplicable unless agreed in writing by Fairmount Group.
2.3.2. Any advice, recommendation or representation given by Fairmount Group or its employees or agents to the Buyer or its employees or
agents as to the storage, application or use of the Goods or otherwise which is not confirmed in writing by Fairmount Group is
followed or acted upon entirely at the Buyer’s own risk, and, accordingly, Fairmount Group shall not be liable for any such advice,
recommendation or representation which is not so confirmed.
2.4. Nothing in these Conditions, shall affect the statutory rights of any Buyer dealing as a consumer.
2.4.1. If Fairmount Group does not enforce any right in these conditions, Fairmount Group will not be prevented from enforcing that right at a later date
and Fairmount Group will not be deemed to have waived any rights.
3. Price and Payment
3.1.1. Payment of the Price is strictly bank transfer with order.
3.1.2. Fairmount Group shall be entitled to charge interest on overdue invoices from the date when payment becomes due, interest to accrue
from day to day until the date of payment at a rate of 8 % per annum above the base rate of the Bank of England. Fairmount Group also reserve the right to charge and claim back from buyer any fixed costs associated with debt collection, Legal action or
enforcement on overdue invoices.
3.2. Fairmount Group reserves the right to grant, refuse, restrict, cancel or alter credit terms at its sole discretion at any time.
3.3. If payment of the Price or any part thereof is not made by the due date, Fairmount Group shall be entitled to:
3.3.1. Require payment in advance of delivery in relation to any Goods not previously delivered;
3.3.2. Refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any
liability whatever to the Buyer for non-delivery or any delay in delivery;
3.3.3. If the Buyer fails to collect their ordered Goods within 5 working days of Fairmount Group making those Goods available, then any deposit
received will be forfeited by the Buyer.
3.3.4. Appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract) as Fairmount Group
may think fit;
3.3.5. Charge legal fees for collection of outstanding debt to Fairmount Group.
3.3.6. Returned cheques will be charged at £50 per cheque.
3.3.7. Terminate the contract.
3.4. Fairmount Group may request from the Buyer a deposit of 30% of any Invoice for Goods or products that are not within its normal range or hype products.
3.4.1. In the event a credit note has been made, it must be used within 60 days or it is forfeited by default and you will not be entitled to claim.
3.4.2. If the remaining balance is not paid by full by the date agreed on the invoice, then Fairmount Group can terminate the contract.
4. Description
4.1.1. Any description given or applied to the Goods is given by way of identification only and the use of such description shall
not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely
on any description when entering into the contract.
5. Sample
5.1.1. Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so
shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so far
as to constitute a sale by sample.
6. Delivery
6.1.1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the
date specified by Fairmount Group. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are
tendered for delivery.
6.1.2. Any attempts to offload goods is at the risk of the buyer. Fairmount Group accept no liability for goods damaged during offloading.
Damage caused by the buyer or anyone they instruct when offloading will be chargeable to the buyer. Goods deemed
unsafe should be notified to Fairmount Group and rejected within 24 hours of accepting delivery.
6.1.3. The date of delivery specified by Fairmount Group is an estimate only. Time for delivery shall not be of the essence of the contract
and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer
shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
6.1.4. If Fairmount Group is unable to deliver the Goods for reasons beyond its control, then Fairmount Group shall be entitled to place the Goods in
storage until such time as delivery may be affected and the Buyer shall be liable for any expense associated with such
storage. For example, if Fairmount Group fails to deliver due to no persons being available from the Buyer to receive the ordered
Goods.
6.1.5. If the Buyer fails to accept delivery of Goods on the delivery date or within 3 days of notification that they are ready for
dispatch whether prior to or after the delivery date Fairmount Group reserves the right to invoice the Goods to the Buyer and charge
the Buyer. In addition, the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the
circumstances until the Goods are either dispatched to the Buyer or disposed of elsewhere.
6.1.6. Fairmount Group shall be entitled to deliver the Goods by instalments and where the Goods are so delivered, each delivery shall
constitute a separate contract and failure by Fairmount Group to deliver any one or more of the instalments in accordance with these
Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any
other related contract as repudiated.
6.1.7. Where the Buyer requires delivery of the Goods by instalments, rescheduling requires Fairmount Group’s written agreement and will
not be possible unless at least 3 weeks’ written notice is provided and so agreed. Each delivery shall constitute a separate
contract and failure by the Buyer to pay the Price in respect of any instalment shall entitle Fairmount Group to treat any other related
contract as repudiated in addition to any other rights of Fairmount Group pursuant to these Conditions.
6.1.8. Notwithstanding that Fairmount Group may have delayed or failed to deliver the Goods (or any of them) promptly, the Buyer shall be
bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3
months of the delivery date.
7. Acceptance
7.1.1. Fairmount Group is a distributor of goods and the Buyer is exclusively responsible for detailing the specification of the Goods, for
ascertaining the use to which they will be put and for determining their ability for that purpose.
7.1.2. The Buyer is required to check Goods upon delivery and shall be deemed to have accepted the Goods. Accordingly, no
claim for defect, damage or quality will be entertained (without prejudice to Fairmount Group’s other rights pursuant to these
Conditions) unless written notice together with all supporting evidence is received by Fairmount Group on the date of delivery. After
acceptance, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
7.2. The Buyer shall not remove or otherwise interfere with the marks or numbers on the Goods.
7.2.1. The Buyer shall accept delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either
greater or lesser than the quantity purchased provided that any such discrepancy shall not exceed 5%, the Price to be
adjusted pro-rata to the discrepancy.
8. Risk and Title
8.1.1. Risk of damage or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered at Fairmount Group’s premises, at the
time when Fairmount Group notifies the Buyer that the Goods are available for collection, or in the case of Goods to be delivered
otherwise than at Fairmount Group’s premises, at the time of delivery.
8.1.2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in
the Goods shall not pass to the Buyer until Fairmount Group has received cleared funds payment in full of the Price of the
Goods and of all other Goods & services agreed to be sold by Fairmount Group to the Buyer for which payment is then due.
8.1.3. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Fairmount Group’s fiduciary agent
and Bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and
insured and identified as Fairmount Group’s property.
8.1.4. Until such time as the property in the Goods passes to the Buyer (and provided that the Goods are still in existence and
have not been resold) Fairmount Group shall be entitled at any time to require the Buyer to deliver up the Goods to Fairmount Group and if the
Buyer fails to do so forthwith to enter upon any premises of the Buyer or of any third party where the Goods are stored
and repossess the Goods.
8.1.5. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods
which remain the property of Fairmount Group, but if the Buyer does so all monies owing by the Buyer to Fairmount Group shall (without
prejudice to any other right or remedy of Fairmount Group) forthwith become due and payable.
9. Insolvency of Buyer
9.1.1. If the Buyer fails to make payment for the Goods in accordance with the contract of sale or commits any other breach of
this contract of sale or if any distress or execution shall be levied upon any of the Buyer’s property or the Goods or if the
Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy
is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any
resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without
insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be
appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous
proceedings under foreign law or if any such matter as provided for in this clause is reasonably apprehended by Fairmount Group, all
sums outstanding in respect of the Goods shall become payable immediately.
9.1.2. Fairmount Group may in the circumstances set out in clause 9.1 above also in its absolute discretion, and without prejudice to any
other rights which it may have, exercise any of its rights pursuant to clause 8 above.
10. Warranty
10.1.1. Where the Goods are found to be defective, Fairmount Group shall replace defective Goods free of charge within the manufacturer’s
warranty period if acceptable from the date of delivery, subject to the following conditions;
10.2. The Buyer notifying Fairmount Group in writing immediately upon the defect becoming apparent;
10.3. Any Goods to be replaced shall be returned to Fairmount Group at the Buyer’s expense, if so requested by Fairmount Group.
10.3.1. Where the Goods have been supplied to Fairmount Group by a third party, any warranty granted to Fairmount Group in respect of the Goods shall
be passed on to the Buyer and the Buyer shall have no other remedy against Fairmount Group.
10.3.2. Fairmount Group shall be entitled in its absolute discretion to refund the Price of the defective Goods in the event that the Price has
already been paid.
10.3.3. The remedies contained in this Clause are without prejudice and subject to the other Conditions herein, including, but
without limitation, to conditions 11 and 12 below.
11. Liability
11.1.1. No liability of any nature shall be incurred or accepted by Fairmount Group in respect of any representation made by Fairmount Group, or on its
behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations
were made or given in relation to: –
11.2. The correspondence of the Goods with any description or sample;
11.3. The quality of the Goods; or
11.4. The fitness of the Goods for any purpose whatsoever.
11.4.1. No liability of any nature shall be accepted by Fairmount Group to the Buyer in respect of any express term of this contract where
such term relates in any way to:
11.5. The correspondence of the Goods with any description;
11.6. the quality of the Goods; or
11.7. the fitness of the Goods for any purpose whatsoever.
11.7.1. Except where the Buyer deals as a consumer all other warranties, conditions or terms relating to fitness for purpose,
quality or condition of the Goods, whether express or implied by statute or common law or otherwise are hereby
excluded from the contract to the fullest extent permitted by law.
11.8. Non-UK products must be labelled by the Buyer to comply with all food labelling regulations.
11.9. For the avoidance of doubt Fairmount Group will not accept any claim for consequential or financial loss of any kind however caused.
12. Force Majeure
12.1.1. Fairmount Group shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events
or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war,
fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Fairmount Group shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Fairmount Group considers unreasonable, it may without liability on its part, terminate the contract or any part of it.
13. Relationship of Parties
13.1.1. Nothing contained in these Conditions shall be construed as establishing or implying any partnership or joint venture
between the parties and nothing in these Conditions shall be deemed to construe either of the parties as the agent of the
other.
13.1.2. Information from Fairmount Group and relating to Fairmount Group including prices, quotations, quantities and similar is strictly confidential.
This information must not be shared with any third party without prior consent in writing from Fairmount Group. Fairmount Group will be entitled
to claim damages for any subsequent business loss as a direct result of shared information.
14. Governing Law and Jurisdiction
14.1.1. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit
to the exclusion jurisdiction of the English courts.
I/We have read the terms and conditions shown above and accept they will apply exclusively to all dealings between our companies. We
accept that goods supplied to us will remain the property of Fairmount Group until all amounts outstanding from us on any account
have been paid in full to Fairmount Group.
Fairmount Group was founded in 2021. We travel the globe to get the best food products at the best prices!
We are ever increasing our portfolio of manufacturers and suppliers. Which means you’ll always have the best price on the most popular branded food and drink items.
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