TERMS AND CONDITIONS OF TRADE – GOODS & SERVICES
1. Definitions
In these Terms and Conditions of Trade:
"Account" means the Customer's account with the Vendor.
"Customer" means the person or entity making the application or any person acting with ostensible authority on behalf of the Customer. "Goods" means goods and/or services supplied by the Vendor to the Customer at any time.
"Guarantor" means any party executing a guarantee of the Account with the Vendor. "Order" or "Orders" means the order or orders of the Customer to the Vendor to supply Goods.
“Contract” means any contract between the Vendor and the Customer for or in relation to the sale and purchase of goods.
"Vendor" means Blossom Coffee Roasters.
2. Orders
Orders will be placed via email to orders@blossomcoffeeroasters.com weekly before Monday at 1PM. Any order submitted after this time is subject to delayed delivery.
3. Prices
Prices are subject to change with notice. All Orders will be charged at the vendor’s current price at the date of order of the Goods. The vendor will endeavour to give the customer reasonable notice of any price changes, but it shall be the customer’s obligation to know current pricing at the time of placing an order. Our most recent price increase was March, 1st 2024.
4. Delivery
Delivery shall take place from the shipping adress stated in the Order, to the delivery address. Orders within our delivery radius will be delivered by Blossom Coffee Roaster's, orders outside will be shipped for an additional shipping cost.
5. Time of Performance
The Vendor shall not be responsible for any delay in delivery of the Goods and the Customer shall not be entitled to cancel orders because of any such delay. PROVIDED THAT where the vendor becomes aware of any unexpected or unreasonable delay after an order is placed the parties will negotiate in good faith. Dates for delivery are given in good faith and are not to be treated as a condition of sale or purchase. Delivery by the Vendor to a carrier is deemed to be delivery to the Customer.
6. Terms of Payment
(a) Unless otherwise specified, payment for all Goods shall be made no later than the day of delivery.
(b) Net-15 day terms can be negotiated when account is in good standing.
(c) All costs of or incurred by the Vendor as a result of a default by the Customer including but not limited to administration charges, debt collection costs and legal costs as between solicitor and client shall be payable by the Customer.
(d) If the Customer defaults in any payment or commits any act of bankruptcy or any act which would render it liable to be wound up or if a resolution is passed or proceedings are filed for the winding up of the Customer or if a receiver is appointed for all or any assets of the Customer, the Vendor may cancel any Order without prejudice to any other rights it may have and payment for all completed Orders shall Immediately become due.
7. Quotation
Where a quotation is given by the Vendor for the supply of Goods:
(a) unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue;
(b) the quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary;
(c) the Vendor reserves the right to alter the quotation because of circumstances beyond Its control.
8. Errors or Omissions
Clerical errors or omissions, whether in computation or otherwise in the quotation, acknowledgment or invoice shall be subject to correction at any time, and the balance owed or due based on a correction is due 7 days from the time of the correction.
9. Risk
Where the vendor has arranged freight, risk shall pass to the customer on delivery, otherwise, from the time of dispatch to the Customer by the Vendor, risk In all Goods supplied shall pass to the Customer and any loss, damage or deterioration to the Goods shall be borne by the Customer. The Customer shall notwithstanding any loss, damage or deterioration to the Goods remain liable to pay for the Goods.
10. Ownership
Until payment is made by the Customer, the Customer agrees to:
(a) ensure the Goods are readily identifiable at all times as the property of the Vendor;
(b) hold the Goods as trustee for the Vendor and will deal with the Goods for and on behalf of the Vendor (but will not hold the Customer out as an agent to any third parties);
(c) if the Goods are resold, the proceeds of re-sale will belong to the Vendor and the Customer shall keep the proceeds of sale in a separate account for which separate records are kept.
11. Merger with Other Goods
If the Goods are attached, fixed or Incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party or otherwise, title in the products and services shall remain with the Vendor until the Customer has made payment for all Goods and where those Goods are mixed with other property so as to be part of or constituent of any new goods title to those new goods shall be deemed to be assigned to the Vendor as security for the full satisfaction by the Customer of the full amount owing by the Customer to the Vendor.
12. Warranties
(a) Where Goods supplied are defective in terms of any condition warranty or guarantee or otherwise do not conform to the Order, the Vendor will at its discretion replace or repair any faulty Goods or pay the Cost of replacing them, but only if a claim is made by the Customer within seven days of delivery of the Goods time being of the essence.
13. Compliance
The Customer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, bylaws or rules having the force of law in connection with the installation and operation of the Goods.
14. Cancellation
The Customer shall not be entitled to cancel an Order unless negotiated.
15. Returns
a) The Customer shall not be entitled to return the Goods other than as allowed pursuant to these Terms and Conditions of Trade.
b) Faulty or wrongly supplied goods see cl 15(c).
c) Goods correctly supplied cannot be returned without the prior consent of the Vendor, and a re-stocking fee may be charged. No credit will be allowed for goods returned in opened packaging.
16. Just Ask
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