Terms and Conditions

These Terms and Conditions (“the Terms”) apply to all contracts for supplies made by Zeelandia Limited (“Zeelandia”) of its products (“the Products”) to any purchaser (“the Purchaser”). They supersede and override all other terms and conditions (including those of the Purchaser) whether written or oral.

No representative of Zeelandia is authorised to vary or waive any of the Terms save for the Managing Director of Zeelandia who will do so in writing only.

(i) By placing any order with Zeelandia the Purchaser agrees to be bound by the Terms.

(ii) Zeelandia may refuse to accept any order in whole or in part or may accept all or part of the order subject to such additional conditions as it may require.

Subject to these terms Zeelandia may accept orders from the purchaser as follows:

(i) By written order; or

(ii) By oral order placed with Zeelandia’s representatives; or

(iii) By telephone to Zeelandia’s Telephone Sales Department.

(i) Upon acceptance of any order Zeelandia agrees to supply the Products ordered as soon as may be reasonably practicable to the Purchaser’s business address as advised by the Purchaser when placing the order.

(ii) Zeelandia may deliver the products ordered in one or more consignments.

(iii) The Purchaser will accept delivery at any time during Zeelandia’s normal delivery hours.

(iv) a. Upon delivery the Purchaser will immediately check the Products delivered and will sign the respective Delivery Note only if he is satisfied that full delivery has been made in apparent good order. A signature by or on behalf of the Purchaser of the Delivery Note will be conclusive proof of full delivery in apparent good order and Zeelandia will accept no claim for short delivery thereafter.

If Zeelandia is unable to fulfil all or any part of an order by reason of force majeure (including, without limitation, strikes, lock-outs, shortages of staff or materials, failure of power supplies or other essential amenities) then Zeelandia may cancel by notice in writing to the Purchaser the part of the order so affected.

Zeelandia warrants only and exclusively that the Products when delivered will comply with any description afforded to them in the confirmation of order, will comply with the Food Safety Act, 1990 and any other relevant statutory provisions (together with any regulations made thereunder), will be fit for the usual commercial purposes for which the Products are generally supplied and will be of merchantable quality. All other warranties express or implied are excluded.

The Purchaser undertakes to accept full responsibility for the safe and proper keeping of the Products after delivery and to store them in accordance with the best trade practices or any specific instructions given by Zeelandia, whichever shall be more onerous.

The Purchaser will pay for the Products delivered:

(i) at the time the order is placed, if Zeelandia so requires;

(ii) in all other cases, within 30 days of the date of invoice by Zeelandia unless agreed to in writing by Zeelandia prior to accepting the purchaser’s order.

(i) All Products delivered shall remain the property of Zeelandia until payment for Purchaser.

(ii) The Purchaser undertakes that until the Products are paid for in full he will keep the products in the packaging (if any) in which they were delivered to him (save as may be necessary for his usual business purposes) and that he will take all reasonable steps to keep the Products identifiable as the property of Zeelandia.

(iii) Without prejudice to any other remedies it may have, in default of due payment Zeelandia shall be entitled without notice to enter any premises in which the Products are then held, to remove them and thereafter to sell them on any terms it may obtain. The Purchaser shall be liable for the costs and any losses incurred by Zeelandia in consequence.
(iv) Without prejudice to any other remedies it may have, by way of liquidated damages Zeelandia shall be entitled to charge interest on any overdue balance outstanding at a rate of 2% per calendar month or part thereof for which the balance remains unpaid, both before as well as after court judgement thereon.