Trade Account Terms and Conditions

Payment

Unless you have opened a credit account with us:

1. payment is due on all standard service contracts 30 days in advance of the relevant service period, unless payment is by standing order, in which case payment will be due on the first day of the relevant service period; and
2. where goods are supplied, payment shall be made within 7 days from the date of invoice

Where goods are supplied as part of the contract, such goods will remain our property until all debts owed to us by you for goods and services previously or subsequently supplied by us to you (under this or any other contract between you and us) have been settled in full. Payment in full shall include the amount of any interest or any other sum payable under this contract or any other contract between you and us.

All goods delivered by the company will remain the company’s property until all debts owed to the company by the buyer, including any balances existing, are settled.

Credit account

Where credit arrangements are agreed, payment will be due 30 days from the date of our service or the supply of any goods.

Credit accounts are subject to a £Nil + VAT administration fee [per annum].

No right of offset exists between credit account orders and non-credit account orders.

Interest and costs

All overdue accounts will be subject to interest (both before and after judgment) charged at a rate of 8% above the base rate of the Bank of England from time to time as prescribed under the Late Payment of Commercial Debts Regulations 2002 and the Late Payment of Commercial Debts (Interest) Act 1998.

In the event that Café Rico needs to take measures to recover any overdue debts, you, as the customer, are liable to reimburse Café Rico for its costs.

Cancellation

Notice of cancellation of a service contract is required in writing, one complete service period in advance of cancellation by either party (for example, one month in advance for a monthly service contract).

Except as provided in the “Account suspension by us” section below, notice of closure of your account is required in writing by either party giving 4 weeks’ notice, but note that an account may not be cancelled while payments are outstanding.

Liability for any charges due under the contract will continue until notice of cancellation or account closure (as applicable) has been received and the required notice period has expired.

Account suspension by us

We may suspend the provision of goods and/or services and/or your account with us and terminate this contract immediately if:

• You fail to comply with these terms and conditions, and any other terms relevant to the goods and/or services or your account; or
• You become bankrupt or are unable to pay your debts; or
• You pass a resolution for winding up or if a court makes an order that you are to be wound up (in either case other than for the purpose of reorganisation); or
• A receiver, manager or administrator is appointed over any or all of your assets; or
• You make a compromise or arrangement with, or for the benefit of, your creditors.

If we suspend the provision of goods and/or services or close your account for any reason you must immediately settle all and any outstanding invoices plus any further costs incurred by us for services and/or goods already provided which shall immediately become due and payable.

Variation of these terms and conditions

We may vary these terms and conditions and if we send you a revised version of these terms and conditions together with a notice stating when such revised terms will come into force and the you continue to make use of the services and the credit account after such date, the you will be deemed to have accepted such revised terms.

Service of notices

Any notice, invoice or other documents which may be sent under these terms and conditions shall be deemed to have be duly given if left at or sent by post to the registered address or principal place of business or such other address as may at the relevant time have been notified to the party giving the notice pursuant to this provision.

Assignment

We may assign, novate or subcontract all or part of this contract and you shall be deemed to consent to any such assignment novation or subcontract. This contract is personal to you and it may not be assigned by you.

No waiver

Failure by either party to exercise and enforce any rights conferred by these terms and conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or any right on any later occasion.

Law and jurisdiction

The contract and these terms and conditions shall be governed and interpreted in accordance with the laws of England and you agree to submit to the exclusive jurisdiction of the courts of England.