Terms & Conditions

Terms and Conditions of Sale

1. Definitions

1.1 “The Company” means Hoardweel Farming Limited and/or Hoardweel Wagyu and any other marketing or trading names in use.
1.2 “The Customer” means any person, firm, company or other legal entity which places an order, or buys any Products from the Company and includes the employees, servants, agents, principals (whether disclosed or undisclosed) or sub-contractors of any such person, firm, company or other legal entity.
1.3 “Products” means any Food agreed in the Contract to be supplied by the Company to the Customer.
1.4 “Listed Product” means a Product which is part of the Company’s standard range of products which is available for purchase by all Customers and which are publicised as being for sale on the Company’s website and/or in their printed publications.
1.5 “Food” means any food.
1.6 “Contract” means a contract between the Company and the Customer for the sale and purchase of the Products.
1.7 “Statutory Interest” means statutory interest as defined in the Late Payment of Commercial Debts (Interest) Act 1998 as amended & supplemented by the Late Payment of Commercial Debts Regulations 2002.
1.8 “Terms and Conditions” means these terms and conditions of sale.
1.9 “Late Payment Compensation Fee” is detailed in Condition 5.4.

2. Applicability of Terms and Conditions

These Terms and Conditions shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the Customer or implied by trade, custom or practice or course of dealing. Other purported terms and conditions which the Customer seeks to impose or incorporate are expressly rejected by the Company.

3. Orders

3.1 By placing an order with the Company via the Company’s social media platforms, over the phone to telesales, or the Company’s website, the Customer is offering to purchase the Products on the basis of these Terms and Conditions. The Contract is formed when the Company acknowledges acceptance of the Customer’s order or delivers the Products to the Customer, whichever occurs earlier.
3.2 The Customer is responsible for ensuring that the terms of any order are complete and accurate.
3.3 No pricing made available to the Customer in any way shall constitute an offer and the Company may amend its prices at any time. Prices are quoted exclusive of VAT, which shall be charged if applicable.
3.4 The Contract is subject to availability of stock and the Company reserves the right to vary or alter the specification of Products without notice unless otherwise agreed in writing with the Customer.
3.5 The Contract constitutes the entire agreement between the parties and the Customer acknowledges that it has not relied on any statement, promise or representation not set out in the Contract.
3.6 Any drawings, descriptions or serving suggestions in brochures or on the Company’s website are approximate only and do not form part of the Contract.

4. Title & Risk

4.1 Risk of loss or damage to the Products passes to the Customer upon completion of delivery in accordance with Condition 6.3.
4.2 The Company is not responsible for any loss or damage to Products sustained while on the Customer’s premises before delivery is completed, if caused by the Customer’s premises or actions.
4.3 Title in the Products passes to the Customer only once the Company has received full payment.
4.4 Until title passes, the Customer must store Products separately, keep them identifiable as Company property, maintain them in good condition, and insure them.

5. Payment Terms

5.1 All goods must be paid for before dispatch.
5.2 Failure to pay on time entitles the Company to suspend future deliveries.
5.3 The Company reserves the right to demand immediate payment at any time.
5.4 If payment is late, Statutory Interest will be charged.
5.5 Returned or failed payments will incur a £30 fee.
5.6 The Company may refuse to grant credit at its discretion.

6. Delivery

6.1 Delivery is according to the Company’s schedule. The Company is not liable for delays beyond its control.
6.2 Products will be delivered to a reasonable location at the Customer’s premises unless otherwise agreed.
6.3 Delivery is completed when unloading is finished at the Delivery Location.
6.4 If the Customer fails to take delivery, the Company may charge carriage costs or the full cost price plus loss of profit.
6.5 Products may be delivered in instalments.

7. Returns

Due to the perishable nature of our products, we do not accept returns on fresh, frozen, or chilled meat items. This policy ensures the highest standards of food safety and quality.

If you believe a product is incorrect, damaged, or of unsatisfactory quality, you must contact us within 24 hours of delivery at sales@hoardweelwagyu.co.uk, quoting your order number and providing photographs. We will review your case and, where appropriate, arrange a replacement or refund in line with our customer service commitments.

This policy does not affect your statutory rights.

8. Acceptance and Claims Procedure

8.1 The Customer must check that the quantity and specification of Products match the order before signing the delivery note.
8.2 Claims for visible damage or short delivery must be made within 24 hours. Damaged Products must be retained for inspection.

9. Insolvency of Customer

9.1 If the Customer makes any voluntary arrangement with its creditors, proposes to enter into a company voluntary arrangement, enters into administration, is unable to pay its debts as they fall due, makes application to a Court to suspend enforcement action against it, goes into liquidation (in the event that the Customer is a company) or becomes insolvent, enters into a trust deed or voluntary arrangement for the benefit of its creditors (in the event that the Customer is an individual or firm), or if the equivalent occurs under any jurisdiction; or
9.2 If an encumbrancer takes possession of, or a receiver or administrative receiver is appointed over, any of the property or assets of the Customer; or
9.3 If the Customer suspends any payments hereunder or ceases, or threatens to cease, to carry on business; or

10. Limitation of the Company’s Liability

10.1 The Company limits its liability to the maximum extent permitted by law as follows:
10.1.1 in respect of Food Products, the Company’s liability shall be limited to Food Products consumed up to and including the “Best before” or “ Use by” date;
10.1.2 the Company’s liability shall be limited at its option to replacing the whole or any part of any Products found to be damaged or otherwise defective or refunding or crediting the purchase price or a pro rata portion of the purchase price of the Products of which the defective Products form part; and
10.1.3 the Company’s liability in respect of death, personal injury or fraud caused by the Company’s negligence shall not be limited.
10.2 The Company shall have no liability for any loss or damage suffered by the Customer or any other person:
10.2.1 as a consequence of any defect in any Product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the Customer or its employees or agents;
10.2.2 for claims for damage reasonably apparent on inspection at the time of delivery or for short delivery unless the provisions of Condition 7 (Acceptance and Claims Procedure) have been complied with;
10.2.3 for any claim arising on an invoice issued more than 3 months before the date upon which such claim is received by the Company;
10.2.4 for any loss of profit, loss of sale, loss of goodwill, loss of reputation, loss of customers and any other similar indirect or consequential losses caused by the Company’s negligence or other wrongful act on the Company’s part or that of its employees or agents or otherwise;
10.2.5 for any failure by the Company to perform any of its obligations in these Terms and Conditions caused by circumstances beyond its reasonable control.

11. Force Majeure

The Company reserves the right to defer the date of delivery or reduce the volume of Products ordered by the Customer or to cancel the Contract without liability to the Customer if it is prevented from or delayed in the carrying out of its obligations under the Contract due to circumstances beyond its reasonable control including, without limitation, any failure or delay on the part of the manufacturer of any of the Products to supply the Products to the Company, any strike, lock-out or other industrial action, fire, explosion, flood, closure of motorways or other roads leaving no alternative route, unusually severe weather conditions or unusually severe traffic congestion which could not reasonably have been anticipated leaving no alternative route, loss of power or telecommunications systems or computer failure or breakdown.

12. Confidentiality

12.1 The Customer undertakes that it shall not at any time disclose any confidential information concerning the business, affairs, customers, suppliers, pricing or other financial information of the Company to any third party whatsoever.
12.2 The Customer may disclose the Company’s confidential information (i) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out its obligations to the Company under the Contract, provided that such employees, officers, representatives and advisors to whom the Customer discloses such information comply in full with this Condition; and (ii) as may be required by law, court order or any government or regulatory authority, provided that the Customer gives as much advance notice of such disclosure to the Company, as possible.

13. Additional Terms

13.1 Failure or delay on the part of the Company in enforcing any provision of the Contract shall not be construed as a waiver of any of the Company’s rights under the Contract. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract..
13.2 Any written communication given pursuant to the Contract must be sent by pre-paid first class post to the registered office of the addressee or such other address as may have been notified in writing and shall be deemed to have been received by the addressee two days after the date of posting.
13.3 The parties to the Contract do not intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
13.4 The Contract shall be governed by the laws of England and the Company and the Customer agree to submit to the non-exclusive jurisdiction of the English Courts.
13.5 If the Customer is a partnership the liability of the individual partners to the Company shall be joint and several.
13.6 The signature on behalf of a Customer who is a limited company by any person purporting to sign with the Customer’s authority shall bind the Customer and the Customer shall be liable to comply with the terms of the Contract.
13.7 The Customer shall be liable to comply with the terms of the Contract and pay for any Products which are ordered using its Customer account number.
13.8 The Company reserves the right to amend these Terms and Conditions from time to time by posting updated versions on its website.

14. Mailchimp Newsletter Marketing

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