Queentana Fresh Customer Terms & Conditions of Sale
1. Definitions and Interpretation
In these Terms & Conditions, the following expressions shall have the meanings set out below.
- “Company” means Queentana Fresh Ltd (or such trading entity as stated on the invoice).
- “Customer” means the person, company or entity purchasing Goods from the Company.
- “Goods” means all fresh produce and related products supplied by the Company to the Customer.
- “Contract” means any agreement for the sale of Goods by the Company to the Customer, incorporating these Terms & Conditions.
- “Delivery Location” means the place at which the Goods are delivered as agreed between the parties.
- “Specification” means the agreed description, grade, size, packaging, and quality standard of the Goods.
Any reference to legislation shall include any amendment or re-enactment thereof. Headings are for convenience only and shall not affect interpretation.
2. Application of These Terms
These Terms & Conditions apply to all sales of Goods by the Company and shall prevail over any terms proposed by the Customer, whether oral, written, or implied, unless expressly agreed in writing by an authorised representative of the Company.
No variation to these Terms shall be binding unless confirmed in writing by the Company. Any Customer order constitutes acceptance of these Terms in full.
3. Orders and Contract Formation
All orders placed by the Customer are subject to acceptance by the Company. A Contract shall only be formed when the Company confirms acceptance of an order verbally, in writing, or by dispatch of the Goods.
The Company reserves the right to decline any order without liability.
4. Price
Prices shall be those agreed at the time of order confirmation or, where no price is expressly agreed, the Company’s prevailing market price at the time of dispatch.
All prices quoted are exclusive of VAT where applicable.
Fresh fruit and vegetables supplied by Queentana Fresh are generally zero-rated for VAT in accordance with UK VAT legislation.
Where VAT is chargeable (including, but not limited to, processed products, added-value items, services, or non-produce goods), VAT shall be charged at the applicable rate in force at the time of supply and shown separately on the invoice.
Due to the volatile nature of fresh produce markets, prices may be subject to change prior to dispatch where market conditions materially fluctuate.
5. Payment Terms
Unless otherwise agreed in writing, payment shall be made strictly in accordance with the terms stated on the Company’s invoice.
Time for payment is of the essence. The Company reserves the right to suspend deliveries, cancel outstanding orders, or require advance payment if the Customer fails to comply with agreed payment terms.
The Company may charge interest on overdue amounts at the statutory rate applicable under the Late Payment of Commercial Debts (Interest) Act.
6. Delivery
Delivery dates are estimates only and time of delivery shall not be of the essence unless expressly agreed in writing.
Risk in the Goods shall pass to the Customer upon delivery at the Delivery Location or, where Goods are collected, upon loading.
The Company shall not be liable for delays caused by circumstances beyond its reasonable control, including transport disruption, port delays, weather conditions, or regulatory intervention.
7. Inspection, Claims and Acceptance
The Customer shall inspect the Goods immediately upon delivery.
Any claim relating to quality, condition, quantity, or specification must be notified to the Company in writing within 24 hours of delivery, supported by photographic evidence where applicable. Failure to do so shall constitute acceptance of the Goods.
No Goods may be returned without the prior written consent of the Company.
8. Quality, Shelf Life and Inherent Risk
The Customer acknowledges that fresh produce is a perishable commodity subject to inherent biological variation.
The Company warrants that Goods supplied shall, at the point of delivery, conform to the agreed Specification. No warranty is given as to shelf life beyond delivery, unless expressly agreed in writing.
The Company shall not be liable for deterioration arising from inherent vice, storage conditions, handling, delay, or onward distribution beyond its control.
9. Title and Retention of Title
Title to the Goods shall not pass to the Customer until payment has been received in full for all sums owed to the Company.
Until title passes, the Customer shall hold the Goods as fiduciary bailee and shall store them separately and clearly identifiable as the Company’s property.
The Company reserves the right to recover Goods where payment has not been made in accordance with these Terms.
10. Limitation of Liability
Nothing in these Terms shall limit liability for death or personal injury caused by negligence or for fraud.
Subject to the foregoing, the Company’s total liability arising under or in connection with the Contract shall not exceed the invoice value of the Goods giving rise to the claim.
The Company shall not be liable for any indirect, consequential, or economic loss, including loss of profit, loss of market, or reputational damage.
11. Force Majeure
The Company shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, extreme weather, strikes, port congestion, regulatory action, or supply chain disruption.
12. Compliance and Food Safety
The Company supplies Goods in accordance with applicable UK and EU food safety legislation at the point of delivery.
Responsibility for compliance following delivery, including storage, handling, repacking, processing, or onward sale, rests solely with the Customer.
13. Confidentiality
All pricing, commercial information, and documentation exchanged between the parties shall be treated as confidential unless disclosure is required by law or regulatory authority.
14. Governing Law and Jurisdiction
These Terms and any Contract formed pursuant to 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.
15. Entire Agreement
These Terms constitute the entire agreement between the Company and the Customer relating to the sale of Goods and supersede all prior agreements, representations, or understandings.
16. Contact
For any questions relating to these Terms & Conditions, please contact: trading@queentana.co.uk
