1. All goods are charged at the price ruling at date of despatch.
2. Standard payment terms are net 30 days from date of invoice.
3. Claims in respect of product quality, damage or loss should not be a ground for withholding payment on other amounts which are not in dispute.

MACKLE PET FOODS
(A DIVISION OF JOHN MACKLE (MOY) LTD.)

GENERAL TERMS AND CONDITIONS OF SALE

1. In these terms and conditions the following words shall have the following meanings “the Company” shall mean Mackle Pet Foods, “the Customer” shall mean the person, firm or company offering to purchase goods from the Company; “the Goods” shall mean canned pet food, dried pet food and any other pet food products. The subject matter of the contract between the Company and the Customer.
2. All business undertaken by the Company is undertaken on the terms and conditions herein contained and any variation thereto will be binding on the parties hereto, if such variation is in writing and signed by an authorised representative on behalf of the Company. An order placed by any Customer is deemed to be upon the terms and conditions herein contained.
3. The Customer is at liberty to place any order with the Company for the purchase of the Goods and such order will be deemed for all purposes to be an offer to purchase the Goods. The Company shall be entitled at any time to accept or reject all or part only of such offer for any reason whatsoever and it shall not be bound to give the Customer any reason for so doing. The Company is deemed to have accepted such offer or part only thereof when it delivers the Goods in accordance with such offer of part thereof to the Customer.
4. The Company shall deliver the Goods to the Customer at the entrance to his premises or warehouse and shall not distribute them within the premises or warehouse. The Company shall not be bound to deliver the Goods to different delivery points in respect of any one Customer.
5. 1. The property in the Goods shall remain in the Company until the Company has received payment in full for the Goods.
   2. If in the meantime the Customer (who shall in such case act on his own account and not as agent of the Company) shall sell or otherwise dispose of the goods, the Customer shall hold all monies received from such sale or other disposition in trust for the Company and at the request of the Company shall furnish the Company with the names and addresses of persons to whom such disposals have been made and all appropriate particulars thereto so as to enable the Company to recover direct from such persons sums owing by them.
   3. So long as the property in the Goods shall remain in the Company the Customer shall hold the Goods as bailee for the Company and store the Goods so as to clearly show them as to be the property of the Company.
   4. The Company shall have the right, without prejudice to the obligations of the Customer, to purchase the Goods, to retake possession of the Goods (and for that purpose to go on to any premises occupied by the Customer).
   5. Nothing in this clause shall confer any right on the Customer to return the Goods. The Company may maintain an action for the price notwithstanding that property in the Goods shall not have vested in the Customer.
   6. Notwithstanding the provisions of (a) above risk shall pass on delivery of the Goods to the Customer’s premises.
6. The Company shall invoice to the Customer at the time of despatch of the Goods or as soon as possible thereafter stating the type and quantity of the Goods contained in the delivery and the price (list price at time of despatch less appropriate discount) that the Customer is bound to pay therefore. The Company shall also deliver to the Customer at least once in every calendar month a statement showing the total amount then due by that Customer to the Company.
7. The Customer shall pay the Company at the time of delivery of the invoice referred to in Clause 6 hereof the full amount as specified in the said invoice without any deductions by reason of any right of set-off or for any other reason whatsoever.
8. Where queries on accounts arise such queries must be communicated in writing to the Company within 10 days of receipt of relevant documentation otherwise no liability will be accepted by the Company.
9. If any representative of the Company quotes a time for delivery of the Goods to the Customer such time shall be an estimate only and shall not be deemed to form part of any contract between the Company and the Customer and the Company shall not be liable for the direct or indirect consequences of any delay.
10. In certain circumstances the Company may if it thinks fit agree in writing with the Customer that it shall take back some of all the Goods delivered to the Customer. In such circumstances the Company may in its absolute discretion credit the Customer with an allowance for the Goods returned. However if the Company agrees to take back the Goods in accordance with this clause the Customer shall be liable for the safe delivery of the Goods to the Company’s premises, unless collected by the Company.
11. All goods will be delivered on ‘GKN Blue Pallets’ which are the property of ‘GKN Chep Pallet Pool’. They must be exchanged on a one for one basis or redeemed by a ‘Pallet Control Voucher’ at time of delivery.
12. The Company will not accept the return of any tins, cartons, boxes or cases other than ‘GKN Pallets’.
13. Any representation made by the Company as to the weight of the Goods supplied to the Customer shall be an approximate weight only and shall not be deemed to be a condition or warranty of the contract.
14. The Company shall be entitled to charge the Customer with an amount equal to all costs and expenses (whether incurred pursuant to the issue of legal proceedings or not) incurred by the Company in any way connected with the collection of monies due to the Company from the Customer which have not been paid within the time limit contained in Clause 7 hereof. The amount of such costs and expenses will be submitted to the Customer by a statement and thereupon such costs and expenses shall immediately become due to the Company.
15. A waiver by the Company of any of the foregoing conditions shall not constitute a general waiver of such condition.

Terms of Business

These terms and conditions together with our General Terms & Conditions of Sale as stated on our despatch note form the basis of contract between Mackle Pet Foods (the Supplier) and the Buyer and supercede all other documentation and/or conditions whether originating from the buyer or the supplier.  Amendments to the terms and conditions must be in writing under the signature of a director of Mackle Pet Foods.

1. All goods are charged at the price ruling at date of despatch.
2. Standard payment terms are net 30 days from date of invoice.
3. Claims in respect of product quality, damage or loss should not be a ground for withholding payment on other amounts which are not in dispute.