Terms of Trade

These terms are specifically designed to avoid misunderstanding, or confusion, particularly in the event of damage to, or deterioration of goods and in so doing enable each party to take whatever insurance each party deems necessary.

FRESH FOOD CO EU;

hope that by explaining our requirements, errors can be avoided which might otherwise occur through unawareness. Explanatory notes are provided under each term.
aware of the responsibility we, and our suppliers have to ensure that goods not only comply with regulations and are within specification but are handled according to approved procedures and practices and that this process is correctly documented.
believe that adherence to the terms, attention to particular issues mentioned in the accompanying notes and compliance with the requirements outlined in the accompanying schedules will assist in ensuring that goods supplied to us not only satisfy our legal requirement to show due diligence has been exercised to provide a safe and healthy product but will enable us to assure customers that goods have been handled in accordance with the strict standards required.

It should be noted that the submission of the Supplier Registration form is for convenience only and that all trade with FRESH FOOD CO EU is conducted according to these terms, unless specifically agreed with us in writing.

Compliance with Regulations

You must ensure that goods comply in all respects with the statutory and other requirements and regulations of the countries of origin and destination. No liability or responsibility will be accepted by us in connection with goods that fail to comply.

The use of certain pesticides and wax treatments is prevented in some countries and the importation of products that have been sprayed with, or treated with, certain substances is prohibited in some. Additionally, there are permissible maximum residue levels of certain chemicals in most countries. Specific inquiry must be made to the relevant authority in the countries of origin and destination.
To comply with legal and other requirements, growers, packers, processors and handlers of goods must ensure that all premises and equipment used in connection with the goods are operated to an acceptable hygiene standard. In order to assist, and without prejudice, Annex 1 contains a code of practice in general use for the packing of fresh produce.
All labeling of fresh produce to include specific statements including - country of origin; name and address of shipper; class; variety; minimum net weight; product and size description
Suppliers are reminded that “minimum net weight” refers to such weight at the time of sale in the destination market and not at the time of packing.

Disclosure

Full disclosure of chemical applications and other relevant information shall be made by you in accordance with Annex 2 and Annex 3 or as otherwise required by us. Further records shall be maintained by you in accordance with Annex 4 and made available for inspection by us on request. You warrant that all such information will be true and accurate in all respects.

The provisions of the Food Safety Act further require us to maintain records of the amounts of chemicals used, the frequency with which they are used and the proximity to harvest of such usage. This information is only made available to the competent authority or customers when we are required to do so. Annex 2 and Annex 3 list the information required.

Responsibility for Goods

We take full responsibility for any loss, damage or deterioration to goods whilst in our possession which will be deemed to have commenced when the goods are received in our depot or that of our nominated agent unless such loss, damage or deterioration is the result of an inherent vice or defect including the use of inadequate packaging or bad stowage or the presence of foreign bodies in the goods or their packaging or containers.

Insurance

In most cases we can arrange insurance cover on behalf of the supplier for certain risks. These include losses due to non-delivery through theft, misplacement or pilferage, physical damage, delay in transit or deterioration caused by malfunction or breakdown of refrigeration equipment.

Our policy specifically disqualifies claims for losses due to the deterioration of or a missed market, an inherent vice or defect, defective packaging, or delay as a result of strike action.

Cover is not automatic. It will only be arranged when we are requested in writing to do so and where application is approved by our insurers and confirmed to you in writing by us. No responsibility for any loss or damage in transit is taken unless covered under the terms of the policy and payment relating to any loss will only be made where recovery under the policy has been made and will be limited to the net amount recovered. When goods are covered under our Goods in Transit policy, net amount recovered shall only mean the payment received under the terms of the policy less any costs incurred by us in order to mitigate or recover such loss including, but not restricted to, costs as are, or may be, incurred in taking or defending any legal action in connection with the consignment.

Suppliers are strongly advised that independent temperature recording devices should be used where possible and that claims can be difficult to substantiate without them.

It should be noted that the above applies irrespective of whether arrangements for and/or booking of transport are carried out by the company.

Damaged Goods

It is our normal practice to obtain independent surveys on goods where our inspection suggests that a significant loss may be incurred and where the cost of such survey in relation to the estimated loss justifies so doing. Any further or specific requirements should be advised in writing prior to the arrival of the goods to avoid delay which may exacerbate or prevent the proper mitigation of such loss.

Where permitted by law, rejected goods and goods which fail to comply with specification will be sold on the supplier’s behalf and payment to the supplier shall only mean the payment received for the sale of the goods less any costs incurred by us in order to mitigate or recover such loss including, but not restricted to, costs as are, or may be, incurred in taking or defending any legal action in connection with the consignment.

Passing of Responsibility

Any use of terms such as, but not restricted to, FOB, C&F, CIF, FAS, are used only for convenience and do not in any way indicate a passing of responsibility for goods unless otherwise specifically agreed and confirmed by us in writing.

Failure to deliver

Should the Supplier be unable to supply produce ordered within the time set for delivery or of the quality or quantity ordered, or should the Supplier be unable to accept a valid order, we may pass on to the Supplier any reasonable additional costs incurred in sourcing the produce elsewhere. The Supplier acknowledges that we are subject to delivery deadlines from our own customers, and we may incur costs and/or charges if we fails to deliver to our customers on time.

Jurisdiction

Unless prevented by law or otherwise agreed in writing by us, any contract to which these terms relate shall be governed by EU law and you consent to the non-exclusive jurisdiction of the EU courts.

Interpretation

The headings above and the explanatory comments beneath the numbered terms are for ease of reference only and shall not affect the construction of the terms themselves.
Any reference in the terms or the accompanying schedules to the terms to “us” or “our” or “we” shall be a reference to FRESH FOOD CO EU
Terms issued or referred to by you shall not apply unless specifically agreed to in writing by us.