Queentana Fresh Supplier Terms of Trade
These Terms of Trade govern all transactions between Queentana Fresh and any grower, packer, exporter, processor or supplier (“the Supplier”) supplying goods to Queentana Fresh. They are intended to prevent misunderstanding or dispute, particularly in relation to compliance, quality, deterioration of goods, responsibility, and insurance, and to ensure that all parties understand their respective obligations.
By submitting a Supplier Registration Form, Supplier Self-Assessment, quotation, confirmation, or by supplying goods to Queentana Fresh, the Supplier confirms acceptance of these Terms of Trade. Any terms or conditions proposed by the Supplier shall not apply unless expressly agreed in writing by Queentana Fresh. No variation of these Terms shall be binding unless agreed in writing by an authorised representative of Queentana Fresh.
1. Compliance with Laws, Regulations and Standards
1.1 The Supplier shall ensure that all goods supplied comply in all respects with all applicable statutory, regulatory, and legal requirements of the country of origin, any country of transit, and the country of destination. This includes, but is not limited to, food safety legislation, plant health requirements, pesticide regulations, maximum residue limits, labelling requirements, and traceability obligations applicable in the United Kingdom and the European Union.
1.2 The Supplier acknowledges that certain pesticides, chemical treatments, coatings, waxes, and post-harvest applications are prohibited or restricted in specific markets and that permissible maximum residue levels vary by jurisdiction. The Supplier shall ensure that only approved substances are used, strictly in accordance with applicable legislation and manufacturer instructions, and shall remain fully responsible for compliance. Queentana Fresh accepts no liability whatsoever for goods that fail to comply with regulatory requirements.
1.3 All goods shall be grown, handled, harvested, stored, packed, and transported in accordance with recognised industry standards and good agricultural and manufacturing practices. The Supplier shall ensure that all premises, facilities, equipment, and handling processes are maintained to acceptable hygiene and food safety standards. The Supplier Code of Practice published by Queentana Fresh forms an integral part of these Terms of Trade.
2. Disclosure, Documentation and Due Diligence
2.1 The Supplier shall provide full, accurate, and timely disclosure of all relevant information relating to the goods supplied. This includes complete records of all pre-harvest and post-harvest treatments, chemical applications, residue testing, traceability data, and any other information reasonably required by Queentana Fresh to meet its legal and customer obligations
2.2 The Supplier warrants that all information provided is true, complete, and accurate in all respects. The Supplier shall retain all relevant records and documentation and shall make them available to Queentana Fresh upon request. The Supplier acknowledges that Queentana Fresh may be legally required to disclose such information to competent authorities, customers, insurers, or auditors and consents to such disclosure where required.
3. Delivery, Inspection and Acceptance
3.1 Goods shall be delivered strictly in accordance with the agreed delivery terms, specifications, quantities, and timelines. Time of delivery is of the essence. Goods shall be deemed delivered only upon physical receipt at the delivery location specified by Queentana Fresh or its nominated agent.
3.2 Queentana Fresh shall not be deemed to have accepted any goods until it has had a reasonable opportunity to inspect them. Inspection may include visual inspection, quality assessment, weight verification, temperature checks, and laboratory analysis, including but not limited to pesticide residue testing.
3.3 Acceptance of goods, whether partial or full, or payment of any invoice, shall not constitute a waiver of any rights or remedies available to Queentana Fresh. Queentana Fresh reserves the right to reject goods that do not comply with specification, quality standards, regulatory requirements, or these Terms of Trade, including where non-compliance is identified after initial inspection.
3.4 Queentana Fresh may submit samples of any consignment to an approved laboratory for multi-residue pesticide testing at its discretion. Where testing reveals residues exceeding applicable maximum residue limits or other regulatory breaches, the Supplier shall be fully responsible for all associated costs, including testing, transport, clearance, disposal, and any related losses. Queentana Fresh may deduct such costs from any sums payable to the Supplier.
4. Responsibility, Risk and Title
4.1 Responsibility for loss of or damage to goods shall pass to Queentana Fresh only once goods have been delivered and accepted in accordance with these Terms. Responsibility shall not pass where loss or deterioration arises from inherent vice, defective packaging, inadequate stowage, contamination, regulatory non-compliance, or pre-existing defects.
4.2 Title to the goods shall pass to Queentana Fresh only upon delivery and full payment, without prejudice to any right to reject the goods or claim remedies for breach. The Supplier warrants that it has full and unencumbered title to the goods and the right to sell them free from any lien, charge, or third-party claim.
5. Insurance
5.1 The Supplier shall maintain appropriate insurance with reputable insurers to cover the goods against all usual and foreseeable risks up to delivery and acceptance, including loss, damage, contamination, and regulatory non-compliance. Evidence of insurance shall be provided to Queentana Fresh upon request.
5.2 Where requested in writing and agreed in advance, Queentana Fresh may arrange insurance on behalf of the Supplier for specific risks. Such cover is not automatic and shall apply only where confirmed in writing. Any recovery under such insurance shall be limited to the net amount recovered, less any reasonable costs incurred by Queentana Fresh in mitigation or recovery.
5.3 Suppliers are strongly advised to use independent temperature monitoring devices where applicable, as claims may be difficult to substantiate without reliable data.
6. Rejected, Damaged or Non-Compliant Goods
6.1 Where goods are rejected or found to be non-compliant, Queentana Fresh may, where permitted by law, arrange for the goods to be sold on the Supplier’s behalf, disposed of, or otherwise mitigated. Any proceeds of sale shall be credited to the Supplier only after deduction of all reasonable costs incurred, including handling, storage, reworking, disposal, transport, surveys, and legal or professional fees.
7. Failure to Supply
7.1 If the Supplier fails to deliver goods in accordance with agreed quantity, quality, or timing, or is unable to fulfil an accepted order, Queentana Fresh may source replacement goods from alternative suppliers. The Supplier shall be responsible for any reasonable additional costs incurred, including price differences and associated losses. The Supplier acknowledges that Queentana Fresh is subject to strict delivery obligations to its own customers.
8. Incoterms and Commercial Terms
8.1 Any reference to Incoterms such as FOB, CIF, C&F, EXW or similar is for commercial convenience only and shall not affect responsibility for quality, compliance, or fitness for purpose unless expressly agreed in writing by Queentana Fresh.
9. Termination
9.1 Queentana Fresh may terminate any contract with immediate effect where the Supplier commits a material breach, fails to comply with regulatory requirements, loses necessary authorisations, becomes insolvent, or where continued supply would expose Queentana Fresh to legal, commercial, or reputational risk. Termination shall not affect any rights accrued prior to termination.
10. Governing Law and Jurisdiction
10.1 These Terms of Trade and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
General
These Terms constitute the entire agreement between the parties relating to the supply of goods and supersede all prior agreements, understandings, or communications. If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Nothing in these Terms creates a partnership, agency, or joint venture between the parties.
