OLMC Conditions of Sale and Purchase https://www.olmc.co.uk/terms-of-trade/
PJL Conditions of Purchase
1 Interpretation
“BUYER” means Peter Jones Livestock Limited (company number 5018062) whose registered office is at Bowmere House, Birch Heath Road Tarporley, Cheshire, CW6 9UU
“CONDITIONS” means the terms and conditions of purchase set out in this document and any special terms and conditions agreed in writing by the Buyer.
“DELIVERY DATE” means the date specified overleaf by the Buyer when the goods are to be collected.
“GOODS” means the livestock which the Buyer agrees to buy from the Seller.
“PRICE” means the price for the Goods plus the additional cost of haulage less the current commission charges as detailed overleaf on page 1
“REFUND” means the refund (if any) to be given to the Buyer under clause 10.2.3
“SELLER” means the person who accepts an order from the Buyer for the purchase of the Goods.
2 Conditions of Purchase
2.1 The conditions shall apply to all contracts for the purchase of Goods by the Buyer from the Seller to the exclusion of all other terms and conditions including any terms or conditions which the Seller may purport to apply under any sales offer or similar document.
2.2 Despatch or delivery of the Goods by the Seller to the Buyer shall be deemed conclusive evidence of the Seller’s acceptance of these Conditions.
2.3 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Buyer.
2.4 It is clearly understood by all parties that Peter Jones Livestock Ltd acts as principle in all dealings and not as agent.
3 The Price and Payment
3.1 The Price of the Goods shall be calculated by reference to the Seller’s quoted price for the relevant category or categories of livestock which shall be binding upon the Seller provided that the Buyer shall accept the Seller’s quotation within 30 days.
3.2 Payment of the Price shall be due within 30 days of the date of the collection of the Goods from the Seller and shall be made following deduction of the Buyer’s commission.
3.3 The Price of the Goods shall include all duties and taxes (apart from VAT) as well as packing, delivery, handling charges and insurance in transit.
4 The Goods
4.1 The Goods shall be supplied in accordance with the description contained in the Buyer’s order.
4.2 All representations, statements or warranties made or given by the Seller, its servants and agents orally in writing or in any of the Seller’s brochures catalogues and advertisements regarding the quality and fitness for purpose of the Goods or any of the Goods shall be deemed to be express conditions of the contract of sale.
4.3 Goods sold on a weight basis will be weighed at a weighbridge close to the Seller’s premises in bulk, on route from the Seller’s premises to the Buyer via a public stamped weighbridge with the total weight authenticated by a weighbridge ticket.
5 Documentation
All Goods supplied by the Seller will be accompanied at the time of delivery with:
5.1 British Cattle Movement Service animal “passports”
5.2 2 eligible ear tags
5.3 in the case of organic stock certification from a certifying body registered with UKROFS
5.4 in the case of Goods sold with certification marks – up to date accreditation documentation and valid organic certification; and
5.5 paperwork confirming tag numbers, breed, sex, age.
5.6 If we are told the farm is Farm Assured, it must be up to date and with an accredited assurance scheme.
6 Seller’s Warranty and Guarantee
6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description provided to the Buyer;
6.2 Goods are warranted to be “right and straight” and sold free from diseases and abnormalities;
6.3 Calves are warranted to be aged between 7 days and 5 weeks, still on milk and not weaned;
6.4 Reared calves are warranted to be aged between 3 & 5½ months, weaned and on dry feed;
6.5 Store cattle are warranted to be aged more than 6 months for the purposes of producing beef;
6.6 Breeding bulls are warranted to be fertile;
6.7 Steers are warranted to be properly castrated;
6.8 Heifers are warranted to be clean and not “in calf” and will be provided pregnancy diagnosed or flushed along with appropriate veterinary documentation (unless otherwise agreed in writing);
6.9 Breeding stock (heifers) are warranted to not be “freemartins”;
6.10 Breeding stock (cows and heifers) if described as “not in calf” are warranted to be not in calf and will be provided pregnancy diagnosed along with appropriate veterinary documentation (unless otherwise agreed in writing);
6.11 Dairy cows and heifers are warranted to be not in calf/in calf as described by the Seller. No warranty is given regarding production of milk;
6.12 Springers are warranted to be in calf and will be supplied with a calving “due date” and will calve a fully developed calf within 21 days of the due date.
6.13 Goods sold in calf are warranted and guaranteed to be in calf to the breed identified by the Seller;
6.14 Goods sold as castrated are warranted to have not been imperfectly castrated;
6.15 Goods are warranted to be properly ear tagged.
6.16 Goods are warranted (unless otherwise stated) to have received no veterinary or medical treatment during the period of 14 days prior to the date of delivery.
- Collection of Goods
7.1 Collection of the Goods shall be made from the Buyer’s address or any other address nominated by the Buyer on the Delivery Date
7.2 The Collection Date is of the essence of this contract.
7.3 If the Seller fails to facilitate collection of the Goods in accordance with the contract on the Delivery Date then without prejudice to the Buyer’s rights for the breach of contract:
7.3.1 the Buyer may terminate the contract. In this event without prejudice to the Buyer’s other remedies the Seller shall promptly collect any Goods which have been delivered;
7.3.2 where delivery of a quantity of the Goods which correspond to the contract which is less than the agreed quantity has been tendered and the Buyer has not exercised its rights of termination under clause 7.3.1 the Buyer may accept the Goods which correspond to the contract and recover for the Seller’s breach in respect of the failure to deliver the remainder of the Goods;
7.3.3 The Buyer may require the Seller promptly to make available for collection sufficient goods which correspond to the contract to comply with the quantity required;
The Buyer may exercise these rights by written notice to the Seller.
8 Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 7 days after collection from the Buyer.
8.2 The Buyer shall not be deemed to have accepted any part of the Goods until after the Buyer (or the Buyer’s ultimate customers have) has actually inspected the Goods and ascertained that they are in accordance with the contract. The Buyer may reject Goods which are not in accordance with the contract until a reasonable time after such inspection (in accordance with condition 10.2).
9 Title and Risk
9.1 Title shall pass on acceptance of the Goods.
9.2 Risk shall pass on collection of the Goods.
10 Remedies of Buyer
10.1 The Seller shall indemnify the Buyer against all claims by the customers of the Buyer arising out of any breach whatever by the Seller of this contract of sale due to the breach of any of the Sellers warranties with respect to the Goods.
10.2 The breach of any warranty in these Conditions shall (in addition to the remedies detailed in sub-clauses 10.2.2) give the Buyer the following rights:-
10.2.1 to refuse to take delivery of or to return the Goods (or part thereof) to the Seller (at the Seller’s expense) and be refunded the purchase price plus the cost of keep (which shall be fixed at £1.00 per animal per day) and to recover such additional reasonable costs and charges as it may be entitled to.
- the Buyer may, in addition and without prejudice to, its rights under clause 10.2.1 exercise the following rights (within any time limits specified herein) in respect of the breach of any warranty contained in conditions:
- 2, 6.3, 6.4, 6.5 (right and straight, calves, reared calves, store cattle) The Buyer may retain the Goods and claim a Refund (time limit : 14 days)
- 7 and 6.14 (steers – castrated)
The Buyer may retain the Goods and claim a refund limited to the cost of having the relevant Goods castrated. (time limit : 2 months) - 8, 6.9 (heifers not “in calf”, breeding stock-heifers)
The Buyer may retain the Goods and claim a Refund (time limit 9.5 months) - 10, 6.11 (breeding stock – cows and heifers, dairy cows)
The Buyer may retain the Goods and claim a Refund (time limit :9.5 months) - 12 (springers)
The Buyer may retain the Goods and claim a Refund (time limit : 28 days of the warranted due date) - 13 (in calf)
The Buyer may retain the Goods and claim a Refund of the purchase price. (time limit : within 14 days of calving) - 15 (ear tagged)
The Buyer may retain the Goods and claim compensation for cost of tagging or reading & listing the tags. (time limit : 14 days)
10.2.3 In the event that the Buyer exercises its right under sub-clause 10.2.2 to claim a refund of part of the Price paid for the Goods, the parties will attempt to agree in good faith the value of such reasonable refund within 7 days of agreement that a warranty claim has arisen. In the event that the parties cannot agree the value of such refund within 7 days then the provisions of sub-clause 10.2.1 shall automatically apply.
11 Proper Law of Contract
This contract is subject to the law of England and Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
These conditions of purchase supersede all previous Conditions of Purchase
2nd March 2023
PJL Conditions of Sale
1 Interpretation
“BUYER” means the person who places an order with the Seller for the purchase of the Goods.
“CONDITIONS” means the terms and conditions of purchase set out in this document and any special terms and conditions agreed in writing by the Seller.
“DELIVERY DATE” means the date specified by the Buyer when the goods are to be delivered.
“GOODS” means the livestock which the Buyer agrees to buy from the Seller.
“PRICE” means the price for the Goods plus the additional cost of haulage.
“REFUND” means the refund (if any) to be given to the Buyer under clause 11.3.3.
“SELLER” means Peter Jones Livestock Limited (company number 5018062) whose registered office is at Bowmere House Birch Heath Road Tarporley Cheshire CW6 9UU.
2 Conditions of Sale
2.1 These conditions shall apply to all contracts for the purchase of Goods by the Buyer from the Seller to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any sales offer or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods by the Buyer shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 It is clearly understood by all parties that Peter Jones Livestock Ltd acts as principle in all dealings and not as agent.
3 The Price and Payment
3.1 The Price of the Goods shall be the price set out overleaf.
3.2 Payment of the Price shall be due within 7 days of the date of the invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat any contract as repudiated by the buyer, or to suspend or cancel deliveries of any goods due to the Buyer; and/or appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think fit (in addition to any other remedy);
3.3 If you do not pay us on the due date, then you will pay:
3.3.1interest at 8% above the Bank of England base rate as prescribed under the Late Payment of Commercial Debts Regulations 2002 and the Late Payment of Commercial Debts (Interest) Act 1998; and
3.3.2compensation/debt collection costs as prescribed under the Late Payment of Commercial Debts Regulations 2002 based upon the amount outstanding (which are currently as follows: debt up to £999.99 – £40, debts £1000 to £9,999.99 – £70, debts of £10,000 and over – £100)
3.4 All invoices shall be paid in full free from any deduction for any set-off, counterclaim or otherwise howsoever arising.
4 The Goods
4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotations.
4.2 All terms, conditions, warranties and representations (whether implied or made expressly) whether by the Seller its servants or agents or otherwise (other than those warranties set out in condition 6) relating to the quality and/or fitness for the purpose of the Goods or any of the Goods are excluded to the fullest extent permitted by law.
4.3 Goods sold on a price per head basis may be described by the Seller as being of a certain weight but the Seller offers no warranty in this regard and the Buyer hereby expressly acknowledges that this is a best estimate only and has not been relied upon.
4.4 Goods sold on a weight basis will be weighed at a weighbridge close to the Seller’s premises in bulk, on route from the Seller’s premises to the Buyer via a public stamped weighbridge with the total weight authenticated by a weighbridge ticket.
5 Documentation
All Goods supplied by the Seller will be accompanied at the time of delivery with:
5.1 British Cattle Movement Service animal “passports”
5.2 2 eligible ear tags
5.3 in the case of organic stock certification from a certifying body registered with UKROFS
5.4 in the case of Goods sold with certification marks – up to date accreditation documentation and valid organic certification; and
5.5 paperwork confirming tag numbers, breed, sex, age.
6 Seller’s Warranty and Guarantee
6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description provided to the Buyer;
6.2 Goods are warranted to be “right and straight” and sold free from diseases and abnormalities;
6.3 Calves are warranted to be aged between 7 days and 5 weeks, still on milk and not weaned;
6.4 Reared calves are warranted to be aged between 3 & 5½ months, weaned and on dry feed;
6.5 Store cattle are warranted to be aged more than 6 months for the purposes of producing beef;
6.6 Breeding bulls are warranted to be fertile;
6.7 Steers are warranted to be properly castrated;
6.8 Heifers are warranted to be clean and not “in calf” and will be provided pregnancy diagnosed or flushed along with appropriate veterinary documentation (unless otherwise agreed in writing);
6.9 Breeding stock (heifers) are warranted to not be “freemartins”;
6.10 Breeding stock (cows and heifers) if described as “not in calf” are warranted to be not in calf and will be provided pregnancy diagnosed along with appropriate veterinary documentation (unless otherwise agreed in writing);
6.11 Dairy cows and heifers are warranted to be not in calf/in calf as described by the Seller. No warranty is given regarding production of milk;
6.12 Springers are warranted to be in calf and will be supplied with a calving “due date” and will calve a fully developed calf within 21 days of the due date.
6.13 Goods sold in calf are warranted and guaranteed to be in calf to the breed identified by the Seller;
6.14 Goods sold as castrated are warranted to have not been imperfectly castrated;
6.15 Goods are warranted to be properly ear tagged.
6.16 Goods are warranted (unless otherwise stated) to have received no veterinary or medical treatment during the period of 14 days prior to the date of delivery.
6.17 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
6.18 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
7 Delivery of Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address or any other address nominated by the Buyer on the Delivery Date.
7.2 The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer.
7.3 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
7.4 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 14 days of the Delivery Date.
8 Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods immediately upon delivery.
8.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract save as expressly provided in condition 11.
8.3 No Goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior written approval of the Seller on terms to be determined at the absolute discretion of the Seller.
8.4 If the Seller agrees to accept such Goods for return the Buyer shall be liable to pay a handling charge.
8.5 Goods returned without the prior written approval of the Seller may at the Seller’s absolute discretion be returned to the Buyer or stored at the Buyer’s cost without prejudice to any rights or remedies the Seller may have.
9 Title and Risk
9.1 Title shall pass on payment for the Goods.
9.2 Risk shall pass on delivery of the Goods.
10 Retention of Title
10.1 Title in the Goods shall not pass to the Buyer until such time as the Buyer has paid all monies due to the Seller under this or any other sales order.
10.2 Until ownership of the Goods passes to the Buyer in accordance with clause 10.1 :
10.2.1 the Buyer shall hold the Goods and each of them on a fiduciary basis as
bailee for the Seller;
10.2.2 the Buyer shall store the Goods (at no cost to the Seller) separately from all
other goods in its possession and shall not tamper or remove the ear tags
attached thereto;
10.2.3 the entire proceeds of sale or otherwise of the Goods shall be held in trust for
the Seller and shall not be mixed with other money or paid into any overdrawn
bank account and shall at all material times be identified as the Seller’s
money;
10.2.4 the Buyer shall be entitled to recover the Price (plus anything due under clause
3.3) notwithstanding that ownership has not passed to the Buyer;
10.2.5 the Buyer shall upon request deliver the Goods back to the Seller and the
Seller may enter upon any premises owned or controlled by the Buyer and
repossess the Goods;
10.2.6 the Buyer shall not pledge or otherwise charge by way of security any of the
Goods;
10.2.7 the Buyer shall insure and keep insured the Goods to the full price against “all
risks” and shall produce a copy of the policy to the Seller upon request.
11 Remedies of Buyer
11.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale (save as otherwise provided in these conditions).
11.2 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods
11.3 The breach of any warranty in these Conditions shall (in addition to the remedies detailed in sub-clauses 11.3.2) give the Buyer the following rights:-
11.3.1 to refuse to take delivery of or to return the Goods (or part thereof) to the Seller (at the Seller’s expense) and be refunded the purchase price plus the cost of keep which shall be fixed at £1.00 per animal per day.
- the Buyer may, in addition and without prejudice to, its rights under clause
- exercise the following rights (within any time limits specified therein and provided
that the Buyer has provided such veterinary certificate or other evidence as the
Seller may in its absolute discretion require) in respect of the breach of any
warranty contained in conditions:
- 2, 6.3, 6.4, 6.5 (right and straight, calves, reared calves, store cattle) The Buyer may retain the Goods and claim a Refund (time limit : 7 days)
- 7 and 6.14 (steers – castrated)
The Buyer may retain the Goods and claim a refund limited to the cost of having the relevant Goods castrated. (time limit : 14 days) - 8, 6.9 (heifers not “in calf”, breeding stock-heifers)
The Buyer may retain the Goods and claim a Refund (time limit :3 months) - 10, 6.11 (breeding stock – cows and heifers, dairy cows)
The Buyer may retain the Goods and claim a Refund (time limit :2 months) - 12 (springers)
The Buyer may retain the Goods and claim a Refund (time limit : 21 days of the warranted due date) - 13 (in calf)
The Buyer may retain the Goods and claim a Refund of the purchase price. (time limit : within 7 days of calving) - 15 (ear tagged)
The Buyer may retain the Goods and claim compensation for cost of tagging or reading & listing the tags. (time limit : 7 days)- In the event that the Buyer exercises its right under sub-clause 11.3.2 to claim
a refund of part of the Price paid for the Goods, the parties will attempt to
agree in good faith the value of such reasonable refund within 7 days of
agreement that a warranty claim has arisen. In the event that the parties cannot
agree the value of such refund within 7 days then the provisions of sub-clause 11.3.1 shall automatically apply.
10 Proper Law of Contract
This contract is subject to the law of England and Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
These conditions of purchase supersede all previous Conditions of Purchase
2nd March 2023