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TERMS AND CONDITIONS OF SALE

Zambrew Limited (trading as Zambrew)

1. INTERPRETATION

1.1 Definitions:

  • "Seller" means Zambrew Limited (trading as Zambrew).

  • "Buyer" means the business or entity purchasing the Goods.

  • "Goods" means the green coffee beans supplied by the Seller.

  • "Spot Order" means an order for Goods currently held in the Seller’s UK warehouse and available for immediate release.

  • "Reservation" (or Forward Sale) means an order for Goods not yet in the UK, sold based on a future arrival date.

  • "Carrier" means any third-party logistics provider used to transport the Goods.

2. BASIS OF CONTRACT

2.1 The Order constitutes an offer by the Buyer to purchase Goods in accordance with these Conditions. 2.2 The Contract is formed when the Seller issues a written Sales Confirmation or Invoice. 2.3 Any dates quoted for delivery or arrival (ETAs) are approximate only, based on information provided to the Seller by third-party vendors and shipping lines. Time of delivery is not of the essence.

3. THE GOODS & QUALITY GUARANTEE

3.1 Nature of Goods: The Buyer acknowledges that green coffee is a natural agricultural product. Minor variations in size, colour, and moisture that do not materially affect the cup profile or Grade shall not constitute a defect. 3.2 The Zambrew Quality Guarantee:

  • (a) The Seller guarantees that the Goods will materially correspond with:

    • (i) The pre-shipment/arrival sample provided (for Spot Orders where samples were requested); or

    • (ii) The written Goods Description (for Reservations where samples were unavailable).

  • (b) Buy-Back Remedy: If the Buyer can demonstrate that the Goods do not materially correspond to the sample or description, the Seller agrees to "buy back" the Goods by refunding the Price of the Goods in full.

  • (c) Exclusions: This Guarantee strictly excludes the refund of any delivery or logistics charges incurred. The refund applies solely to the cost of the coffee. 3.3 Claim Process: To invoke the Guarantee, the Buyer must notify the Seller in writing within 5 business days of receipt and allow the Seller to inspect the Goods or draw a sample for verification.

4. PRICE AND PAYMENT

4.1 Price: The price of the Goods is exclusive of VAT (if applicable) and exclusive of delivery charges. 4.2 Delivery Charges: Delivery is charged at cost based on rates provided by third-party Carriers. The Seller does not add a markup to delivery fees. 4.3 Payment: Payment must be made in full in cleared funds before the release of Goods, unless credit terms have been agreed in writing.

5. DELIVERY AND LOGISTICS

5.1 Third-Party Reliance: The Seller utilises third-party Carriers for delivery. The Buyer acknowledges that:

  • (a) Any delivery timeframes provided are estimates given by the Carrier and are not guaranteed by the Seller.

  • (b) The Seller is not liable for delays caused by the Carrier.

  • (c) Any sudden changes in the Carrier’s pricing or terms (e.g., fuel surcharges) may be passed on to the Buyer with prior notice where possible. 5.2 Risk: Risk in the Goods passes to the Buyer when the Goods are handed over to the Carrier or collected by the Buyer.

6. WAREHOUSE COLLECTIONS

6.1 Free Collection: The Buyer may arrange to collect Goods from the Seller’s nominated warehouse free of charge when collected as loose bags. Additional charges for palletisation and packaging may still be applied. 6.2 Booking Slots: Collection must be booked in advance for a specific date and time slot ("The Slot"). 6.3 Missed Collections: If the Buyer or their courier fails to collect the Goods during The Slot:

  • (a) The Seller reserves the right to charge an Administration & Restocking Fee (typically £25.00 or such other sum as notified) to cover warehouse penalties and administrative time.

  • (b) A new Slot must be booked, subject to availability.

7. RESERVATIONS (FORWARD SALES)

7.1 Estimated Arrival: For Reservations, the "Expected Date of Arrival" is an estimate provided by the shipping line. The Seller accepts no liability for changes to shipping schedules. 7.2 Customs and Shipping Delays (The "50-Day Rule"):

  • (a) Delays under 50 days: If the Goods are delayed by less than 50 days from the Expected Date of Arrival (due to shipping, customs clearance, or port congestion), the Buyer is not entitled to cancel the Contract or claim a refund. The Contract remains binding.

  • (b) Delays over 50 days: If the Goods are delayed by more than 50 days from the Expected Date of Arrival, the Buyer may request a refund. In such cases, the Seller shall refund the price paid for the Goods. 7.3 Quality of Reservations: As physical samples are often unavailable for Reservations, quality conformity shall be assessed strictly against the written Goods Description provided at the time of sale.

8. LIMITATION OF LIABILITY

8.1 Nothing in these Conditions limits liability for death or personal injury caused by negligence or fraud. 8.2 The Seller shall not be liable for indirect loss (loss of profit/business). 8.3 The Seller’s total liability shall not exceed the price of the Goods paid by the Buyer.

9. FORCE MAJEURE

9.1 The Seller is not liable for failure to perform obligations if caused by events beyond its control, including but not limited to: Acts of God, crop failure, war, strikes, embargoes, or government action (including Customs seizures not caused by the Seller’s negligence).

10. GOVERNING LAW

10.1 This Contract is governed by the laws of England and Wales. Jurisdiction lies with the courts of England and Wales.