Terms & conditions of supply

1. About these terms

These terms govern the supply of goods by Swiftver Limited, registered in Scotland under company number 864263, registered office Unit 2, Mandale Park, Russell Road, Edinburgh EH11 2LS(“we”, “us”).

We supply to businesses only. These are not consumer terms. By placing an order you confirm you are acting in the course of a business. Consumer rights, including the statutory right to cancel a distance contract, do not apply.

These terms apply to the exclusion of any terms you seek to impose, including any printed on your own order documentation.

2. Accounts

• We may ask for trading references and carry out a credit check before opening an account, and may decline to open one.
• You must keep your account details accurate and tell us promptly if your delivery address, contacts or business status change.
• You are responsible for orders placed by anyone using your account.

3. Orders

• An order is an offer to buy. A contract forms only when we accept it or, if earlier, when we deliver the goods.
• Orders must reach us by 6:00pm the day before delivery.
• A minimum order of £150 per delivery applies. Delivery is Free over £250, otherwise £15.
• Where a line is unavailable we may offer a substitute of equivalent specification. We will tell you before delivery, and you may decline the substitute.
• Weights of goods sold by weight are approximate and are charged at the weight supplied.

4. Prices

Prices are those agreed for your account and are exclusive of VAT, which is charged at the applicable rate. Fresh produce is subject to market movement; we will give notice of any change to agreed core lines. Quoted prices are valid for the period stated in the quote.

5. Delivery

• We deliver Monday to Saturday within your agreed window, in Edinburgh and the Lothians.
• Delivery times are estimates. We are not liable for delay caused by events outside our reasonable control, but we will tell you as soon as we know.
• Someone must be available to receive and check the delivery and to sign the delivery note. If we cannot deliver because nobody is available, we may charge a reasonable re-delivery fee.
• You must have suitable refrigeration available for chilled and frozen goods. Once delivered and signed for, correct storage is your responsibility.

6. Shortages, damage and rejected goods

• Check goods on delivery. Note any shortage, damage or temperature concern on the delivery note at the time.
• Report shortages or visible damage on the day of delivery, and latent defects within 24 hours of delivery.
• Where goods are faulty or not as described we will, at our option, replace them or issue a credit. Because these are perishable goods we may ask for a photograph or the return of the goods before crediting.
• We cannot accept returns of correctly supplied chilled, frozen or fresh goods once they have left our temperature control.

7. Payment

• Account customers pay 30 days from invoice, account customers. Other customers pay before or on delivery.
• Time for payment is of the essence. We may charge statutory interest and compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
• We may suspend deliveries or withdraw credit while any sum is overdue.
• You may not set off any amount you claim against sums owed to us.

8. Title and risk

Risk in the goods passes to you on delivery. Title does not pass until we have received payment in full for those goods and any other sums then due. Until title passes you hold the goods as our bailee, and we may enter your premises during business hours to recover them.

9. Food safety and your responsibilities

We supply goods intended for further preparation or resale by a food business. You are responsible for your own food safety management, allergen controls and due diligence, including checking product labelling and specification before use. Allergen and specification information is available on request; you must not rely on the website for it.

10. Our liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, we are not liable for loss of profit, loss of business, loss of goodwill or any indirect or consequential loss; and our total liability in connection with any contract is limited to the price of the goods concerned.

11. Termination

Either party may close an account on reasonable notice. We may suspend or close an account immediately if you fail to pay, or if you become insolvent. Closure does not affect sums already due.

12. General

• We may vary these terms. The version in force is the one published here when your order is placed.
• No third party may enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
• These terms are governed by Scots law and the courts of Scotland have exclusive jurisdiction.