Terms & Conditions
1. By signing the Quotation to place an order for products and or services with East Stuff Limited, providing us with a purchase order, signing these Terms and Conditions or by accepting delivery of our products (whichever is the earliest), you are agreeing to these Terms and Conditions.
The date of the agreement shall be the date the Quotation is signed by you or the date of the Purchase Order or the date these signed Terms and Conditions or the date of acceptance of delivery, whichever is the earliest.
2. Definitions:
3. Unless otherwise agreed in writing by us, you agree to pay for product(s) or service package we supply to you strictly by the Payment Due Date.
We may charge interest on any outstanding balance at the rate allowed by the Late Payment of Commercial Debts (Interest) Act 1998 from 14 days after the Payment Due Date.
4. You agree that a representative from your company will promptly check and sign for all goods we deliver to the location specified in your order. The signature evidences your receipt of goods.
5. If you find any shortages or damages please tell us in writing within 3 Business Days of receipt of goods. If you take longer we may not consider your claim.
6. If you find any pricing errors or other issues with any of our invoices please tell us with 5 days of receipt of the invoice. If you take longer we may not consider your claim.
7. In signing this Quotation or any other order, or issuing a Purchase Order, on behalf of your company, to order products or services from us (East Stuff Ltd), you warrant and confirm that you are duly authorised to place this order, and have agreed to the terms and conditions herein.
8. If a product ordered by you is a Bespoke Product, after this Quotation is signed by you, you cannot cancel the order for the product.
If a product ordered by you is not a Bespoke Product, cancellation will incur a charge of 20% of the total sale price. In any event, no cancellation will be accepted after 7 days from the date a Quotation is signed by you or the date of the purchase order.
9. If you are ordering for a new hotel opening, you agree to pay 50% of the proforma invoice value as deposit, and the balance within 30 days of delivery. </p.
If you are a new customer/account, you agree, for the first three orders, to pay 100% of the proforma invoice as deposit, unless otherwise agreed in writing. Time of payment is of the essence.
10. In the event that there are additional tariffs, customs, import or other duties imposed by either the United Kingdom or the European Union following Brexit, you agree to pay promptly for these additional costs in respect of the sale and importation of the products into the country in which you are resident and/or the delivery location.
11. Where we accept an order from you for a Bespoke Product, you agree to take delivery of the total quantity ordered; or, with our written agreement only, on a call off basis (i.e. you only pay when you actually take delivery of each part of the full order). In any case you are liable to pay for the entire order as delivered or within 12 months of you having signed the Quotation or Purchase Order, unless different payment and delivery terms have been agreed in writing with us.
The invoice issued under this clause 11 is due for immediate payment.
12. Where we accept an order for a Bespoke Product as outlined in clauses 8 and 11, an allowance of 10% under or over the agreed units ordered may occur as a result of the bespoke manufacture process. You will be liable to pay pro rata for any over production not exceeding 10% of the total unit quantities ordered. You will not have to pay the full value of the original placed order if any under production occurs.
13. If for any reason you do not take delivery of any Bespoke Product within 12 months of the Quotation being signed, or within the timeframe otherwise agreed in writing, we reserve the right to invoice you in full for the remaining goods in stock and deliver them to your specified location. Stock-holding for the first 12 months is free. If you are unable to accept delivery after the first 12-month period, we will charge you a storage fee of £5 per pallet per week.
The invoice issued under this clause 13 is due for immediate payment.
14. In relation to the Bespoke Products which you have not taken delivery after 12 months from the signed Quotation, If after ten Business Days after the day on which we notified you that the products were ready for delivery and you have not accepted delivery of them, we may dispose of part or all of the products without further notice. We reserve the right to charge you the cost of such disposal.
15. If you want any products to be delivered at a date earlier than the agreed delivery date, you agree to pay for any additional transport costs incurred.
16. You cannot return any product unless you have given us notice within 3 Business days of receipt (as per clause 5) and the product is faulty (as per clause 20).
17. Unless explicitly agreed in writing between us, orders are accepted on the basis that the delivery address is within the United Kingdom. All goods remain our property until they have been paid for. Risk in and responsibility for the goods shall pass to you once they have been delivered to you.
18. In an Event of Default and/or Insolvency Event, we reserve the right to terminate this agreement with immediate effect, deliver to you the entire quantity of products you ordered for immediate payment in full.
19. You shall not disclose any confidential information including any pricing agreement, manufacturing, specification and ingredient details to any other organisation without our written agreement.
20. In so far as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question.
This does not include items which are damaged by “fair wear and tear” or minor variations from specifications. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. In any event, the maximum limit of financial compensation that we may be liable shall not exceed the sale price of the product concerned which we quoted for you.
21. We shall not be liable for loss, damage, detention or delay due to causes beyond our reasonable control such as acts of God, acts of civil or military authority, fires, strikes, floods, epidemics, war, riot, delays in transportation, government restrictions or embargoes or difficulties in obtaining necessary labour, materials, manufacturing facilities or transportation due to such causes.
22. Neither party may assign any rights or obligations under this Agreement to a third party without written consent from the other party.
23. No variation of this Agreement shall be effective unless made in writing and signed by or on behalf of each of the parties.
24. You agree that you are dealing as a business and not a consumer within the meaning of the Unfair Contract Terms Act 1977.
Conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
25. The various provisions of this Agreement are severable, and if any provision is held to be invalid or unenforceable by any court then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions or identifiable parts.
26. This Agreement contains the entire agreement between the parties in relation to the matters contemplated by this Agreement and supersedes any previous agreements between the parties in relation to those matters.
27. Nothing in this Agreement confers any rights on any person under the Contracts (Rights of Third Parties) Act 1999.
28. Our business transactions shall be governed by the law of England and Wales any dispute or claim howsoever arising will be determined exclusively by the Courts of England and Wales.