Terms and Conditions of Supply
Ginger Dragon is aiming to deliver the finest quality raw materials into the manufacturing and retail market, we work closely with our clients.
On accepting the delivery of goods the following terms and conditions override all other terms applied by customers or suppliers. Buyers terms and conditions apply where signed and endorsed by the director of Ginger Dragon. In accepting delivery these terms apply:
1. Title
All goods remain the property of Ginger Dragon until paid for in full or credit note issued.
2. Late or delayed payment
We reserve the right to charge interest on overdue accounts at 8% above bank of England Base rate unless specified otherwise, in the case of late payment beyond 14 days from the agreed terms we reserve the right to cancel the balance of contract or delay shipment until payment has been received.
3. Confirmation of Delivery and Price
All offers and prices received by telephone, email, fax, or letter are subject to reconfirmation in writing from Ginger Dragon. Ginger Dragon has not entered into any commitment or final prices until such confirmation is given, usually by signed sales contract.
4. Costing Events Outside Our Control
We reserve the right to amend the price of our goods in the event of a severe economic event outside our control such as crop failure, severe weather, market speculators, and other financial issues. In such an event we would provide an authorised statement to the buyer from the supplier detailing why the price has changed. On receipt of our explanation the buyer has the right to cancel outstanding balances only by mutual agreement with Ginger Dragon Ltd.
During and after a contract is completed any variation even retrospective variation of duty and or VAT is for the buyers account and maybe invoiced. This includes any reversal of a binding tariff classification by customs.
5. Payment
Payment cannot be delayed for goods delivered without fault in lieu of another outstanding matter. Goods remain the property of Ginger Dragon until payment is received in full. Ginger Dragon reserves the right to cancel, delay, or cease to manufacture goods without penalty if a client is in breach of payment conditions. Ginger Dragon reserves the right to pass the debt to The Royal Bank of Scotland under it's terms of invoice discounting, in such circumstances, payment is due to The Royal Bank of Scotland.
6. The limit of liability and faulty goods
a) Ginger Dragon has products liability insurance cover to Five million pounds Sterling, details of which are available on request.
Except in the case of negligence of Ginger Dragon or its Directors the limit of liability is strictly restricted to the replacement of faulty goods or a credit for the same.
Ginger Dragon cannot accept without prior agreement in writing, claims for product recall, loss of profit, finished goods, loss of goodwill or third party claims.
b) Ginger Dragon cannot accept the return of goods where without prior notice or agreement in writing for further inspection they have been further decanted or otherwise removed from secure packaging and handled.
Broken, damaged or defaced cartons or drums cannot be accepted for return, unless agreed or have been damaged by a third party appointed by Ginger Dragon.
c) Variable frying performance in poppadum pellets does not constitute breach of specification. Such issues are subject to settlement by mutual agreement.
7. Revaluation of Yuan or RMB
Ginger Dragon enters into long term contracts for supply and sale, this involves some risks that cannot be covered.
In the event of a sudden revaluation of the Yuan or RMB the currency of China, Ginger Dragon reserves the right to alter contract prices without notice and in line with the revaluation/ correction if the supplier is genuinely unable to ship because of such an issue.
However, every endeavour would be made to ensure contract prices remain unchanged for the balance of existing contracts where possible.
8. Changes to these terms
Ginger Dragon reserves the right to change the terms and conditions of sale without prior notice.
If in doubt about any of these terms please contact us.
Updated August 2011
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