Terms & Conditions

DEFINITIONS

In these terms and conditions

  1. The Company represent Swavy Global Service which owns and operate the website "www.foodexpress.ng" as FoodExpress.Ng.
  2. "The Customer" means any person, firm, company or other legal entity which places an order, or buys any products from the Company and includes the employees, agents or sub-contractors of any such person, firm, company or other legal entity.
  3. "Food" means any food or beverage.
  4. "Non-Food" means any goods, which are not food
  5. "Contract" means a contract between the Company and the Customer for the sale and purchase of the Products.
  6. "Products" means any Food and/or Non-Food agreed in the contract to be supplied by the Company to the Customer.
  7. "Terms and Conditions" means the terms and conditions of sale.
  8. "Cash" means monetary consideration Nigerian bank notes.
  9. "Cheque" means bank cheque, bank draft, direct debit, standing order.

TERMS AND CONDITIONS

These Terms and Conditions shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions verbally communicated or implied by custom and practice. The Company reserves the right to amend or update the current Terms and Conditions and notify the Customer of these changes at any time.

PLACING AN ORDER

By placing an order with the Company either via the Company’s telesales department or the Company’s website if available the Customer is offering to contract with the Company on the basis of these Terms and Conditions. The parties are bound by the Contract only when the Company accepts and process the order or delivers the Products to the Customer whichever occurs earlier. The Contract is subject to availability of the stock. Abusive behaviour from the Customer to the Company’s telesales staff will not be tolerated; the Company reserves the right to refuse to sell to such Customers. The Customer’s last order for telesales is 5:30pm, to be processed for the next available delivery date. Orders left on the answer machine cannot be guaranteed. Any order left on the answer machine must be placed before 9 p.m. the day before nominated delivery day. The Company does not operate a sale or return policy.

MINIMUM ORDER

The Company minimum order value is published in the Company’s catalogue and is available on the Company’s web site. The Company reserves the right not to deliver an order which is valued at less than the latest published minimum order value.

DELIVERIES

  1. Deliveries of Products to the Customer shall be in accordance with the Company’s delivery schedule.
  2. The Company cannot guarantee delivery in accordance to the Customers requested timing schedule.
  3. The Company shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Products by a particular date or arising as a result of any causes beyond the Company’s control.
  4. The delivery of Products shall be made by the Company to such reasonably accessible premises as the Customer shall reasonably require. The Customer shall allow the Company reasonable access to such premises and shall use best endeavours to ensure that a responsible person shall be at the place to take and sign off the delivery of the products.
  5. If the Customer fails to take delivery or fails to give the Company adequate delivery instructions at the time stated for delivery then without prejudice to other right or remedy available to the Company, the Company may do one or more of the following:
    1. Charge the Customer the cost of carriage of the refused delivery both to and from the premises of the Customer in addition to the Company’s administration and re-stocking charges (Minimum charge is 25% of invoice value).
    2. Charge the Customer a re-scheduling delivery charge
  6. Shortages: shortages should be notified at the time of delivery in the presence of the Company’s driver; the Customer will sign off the delivery note highlighting the shortages and counter signed by the Company’s Driver.
  7. A 25% administration charge will be made for returned goods ordered in error by the customer.
  8. Orders delivered in good faith that cannot be left due to account / payment issues, will carry our standard 25% administration charge.
  9. Where the Company cannot meet the exact requirements of the Customer the Company may offer an alternative product to the purchaser without any liability to the Company and without any obligation by the Customer.
  10. The Company will not tolerate any abusive behaviour by the Customer towards its Drivers and Helpers, the Company reserves the right to refuse to deliver to such a Customer.

RISK AND OWNERSHIP

All risks in the Products pass to the Customer on delivery. Ownership of the Products delivered to Customer shall remain with the Company until the Products are fully paid for.

PRICE

Contract Price is the order price, any offers are subject to availability, and the prices quoted or shown on Company literature are exclusive of VAT at the prevailing rate where applicable. The Company reserves the right to alter product specification and price without prior notice.

ACCOUNT TERMS

Initially all new accounts will be set as COD "Cash / Debit Card on Delivery" for a minimum period of three months; the Customer thereafter may apply for a Credit Account, pending decision and subject to references and cross references with a Credit Agency, the Customer will continue with the current terms. We have only one type of credit account: Monthly Credit Account, whereby all invoices of one calendar month are due for payment on the 14th day of the following month. (e.g. all January invoices are due on the 14th of February). Personal guarantees will be required for sole traders and Limited Companies where there is insufficient trading history to be able to agree an account. Credit Cards are accepted in payment for goods, however a charge equal to 2% of invoice value will be applied to cover Bank Charges.

PAYMENTS

  1. The Customer must settle all accounts in accordance with agreed terms, in the event of a Customer account being in arrears, we reserve the right to withhold further supplies. The Company reserves the right to charge Statutory Interest on overdue balances for the period from the date on which the payment was due, until cleared payment is received by the Company.
  2. In the event of any cheques, from a Customer to the Company being dishonoured, a standard charge of £45 will be levied to cover the costs of cheques that are returned, "refer to drawer" and £35 for cheques that are returned, "refer to drawer please represent". The Company reserves the right to alter this charge without notice.
  3. For Credit Account Customer any none or late payment, will be considered a breach of the agreed terms, and will render Credit Terms null and void, and the Customer’s account will be put on hold. The Company has right to start legal proceedings to recover any outstanding amount without any prior notice and the right to exchange information with Credit Agencies.

RETURNS

The Company will only credit customers, if a wrong Product was delivered and returned back by the same Company‘s delivery driver.