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Legal

Terms & Conditions

The terms A & N Co Ltd supplies wholesale food on — quotations, ordering, delivery, checking goods, payment and ownership. They apply to business customers only.

Last updated
Applies to
anco.ltd

Working draft — prepared for review, not yet legal advice

This document was drafted for A and N Co Limited as part of building this website. It reflects how the business actually trades, but it has not been checked by a solicitor. Please have it reviewed and approved by the company’s legal adviser before it is published or relied upon.

01

These terms, and who they apply to

These terms govern the supply of goods by A and N Co Limited, trading as A & N Co Ltd, and the use of this website. They apply to every quotation we give, every order we accept and every delivery we make, unless we have signed a separate written agreement with you that says otherwise.

We supply businesses. These terms are written on the basis that you are buying in the course of a business, so the protections given to consumers by the Consumer Rights Act 2015 and the consumer cancellation rules do not apply to our sales. If you are not buying for a business, we are not the right supplier for you.

Supplier
A and N Co Limited
Trading address
Supreme Business Park, Manchester M19 3HG
VAT registration
218 954 284
02

Using this website

You may use this website to browse our range, build an enquiry list and contact us. You may not use it in a way that damages it, interferes with anyone else’s use of it, or attempts to extract the catalogue by automated means for a competing purpose.

We try to keep the site available and accurate, but we do not guarantee that it will be uninterrupted or error free. We may change, suspend or withdraw any part of it, including any product listing, without notice.

03

Product information and images

Product names, pack sizes, brands and descriptions on this website are there to help you find a line and ask us about it. They come from our suppliers and can change without notice — manufacturers reformulate products, change case counts and change packaging.

  • Illustrations and photographs are indicative. The pack you receive may look different from the image shown.
  • The specification, ingredient and allergen information printed on the pack always takes precedence over anything shown on this website.
  • Listing a product here is not a guarantee that it is in stock on the day you order it.
04

Prices and quotations

We do not publish prices. Wholesale prices move with the market and are quoted per account and per order, so the only price that binds either of us is the one we have quoted to you for that order.

  • Quotationswe quote by telephone, message or email, and a quotation holds for the period it states. If it states no period, treat it as open for seven days and subject to availability.
  • VATprices are quoted exclusive of VAT unless we say otherwise, and VAT is added at the rate applicable on the invoice date.
  • Price changeswe may change prices for future orders at any time. A change never affects an order we have already accepted at a quoted price.
05

Placing an order

Orders are placed with our sales team by telephone, WhatsApp or email. The enquiry list on this website is not an order and places no obligation on either of us — it is a way of gathering the lines you want us to quote.

Your order is an offer to buy. A contract is formed only when we confirm the order, and the confirmed order together with these terms is the whole of the agreement between us. We may decline an order, for example where a line is unavailable, where an account is overdue, or where we cannot deliver to your address.

06

Availability and substitutions

All goods are supplied subject to availability. Where a line is short or out of stock we will contact you before the delivery round to agree what to do — supply a comparable alternative, reduce the quantity, or leave it off the order.

We will not substitute a different brand or specification without telling you first, because in a kitchen that decision is yours to make.

07

Delivery

We deliver on our own vehicles across the areas listed on the delivery page. Delivery days are arranged with your account and we will tell you the day your area is covered when the account is set up.

  • Times are estimatesdelivery times depend on traffic, the weather and the order of the round. We will always try to keep you informed, but times are not guaranteed and time is not of the essence.
  • Someone must be there to receive the deliverychilled and frozen goods cannot be left unattended. If nobody is available to take and check the delivery, we will contact you to arrange another day.
  • Accessplease make sure the delivery point is accessible and safe for our driver, and tell us in advance about restrictions such as timed access, narrow access or upstairs storage.
  • Part deliverieswe may deliver an order in instalments. Each instalment is invoiced separately and a problem with one does not entitle you to cancel the rest.
08

Checking goods on delivery

Goods must be checked at the point of delivery

Please check the delivery against the delivery note before the driver leaves. Shortages, damage, incorrect items or any concern about temperature or condition must be raised with the driver at the time and noted on the delivery note. Claims cannot be accepted after delivery.

This is not red tape. Once a chilled or frozen product has left our vehicle we have no way of knowing how it has been stored, so a shortage or damage claim can only be verified while the driver is still with you.

Where something is wrong and has been noted at the time, contact us the same day on +44 7794 446867 and we will put it right by replacing the line on the next delivery or crediting it against your account.

09

Payment

Invoices are due on receipt

Our invoice terms are Due on Receipt. Payment is due when the invoice is received, unless written credit terms have been agreed for your account.
  • Credit termsany credit limit or payment period is agreed in writing for a named account, may be reviewed at any time, and does not carry over to other accounts or sister businesses.
  • Payment in fullyou may not withhold or set off any sum against an invoice because of a dispute about a different order.
  • Overdue accountsif an account falls overdue we may hold or stop further deliveries until it is cleared, and we reserve the right to claim interest and compensation on the overdue amount under the Late Payment of Commercial Debts (Interest) Act 1998.
10

Title and risk

Risk in the goods passes to you when they are delivered to you or to the address you have given us. From that moment they are your responsibility, including their storage temperature and their insurance.

Goods remain our property until they are paid for in full

Ownership of the goods stays with A and N Co Limited until we have received payment in full and in cleared funds for those goods and for any other sums you owe us on the account.

Until ownership passes to you, you hold the goods as our bailee: you must store them properly and at the correct temperature, keep them identifiable as ours where it is reasonably practicable to do so, and not use them as security for any borrowing. You may use or resell them in the ordinary course of your business, but if payment becomes overdue or you become insolvent, that right ends and we may ask for the goods back and enter any premises where they are stored to recover them.

11

Storage, food safety and allergens

From the point of delivery, keeping the goods safe is your responsibility. Frozen, chilled and fresh lines must go straight into storage at the correct temperature, and must be used within their date codes and in line with the instructions on the pack.

Ingredient, allergen and nutritional information reaches us from the manufacturer. We pass on what we are given, but you must check the label on the pack you receive and satisfy yourself that it meets your menu, your allergen information and your own food-safety procedures. Nothing on this website or in any specification sheet we forward replaces the pack label or discharges your duties as a food business.

12

Returns

Because we supply frozen, chilled and fresh food, goods cannot be returned once they have left our temperature-controlled delivery. We cannot accept back a line that has been ordered in error, over-ordered, or no longer suits the menu.

Where a line was supplied incorrectly, was short, or arrived damaged, and this was raised with the driver at the point of delivery, we will replace or credit it. Anything we agree to collect must be unopened, in its original packaging and still within temperature.

13

Cancelling or changing an order

Tell us as soon as you can and we will do what we can. An order can usually be changed or cancelled at no cost until it has been picked for the delivery round. After that, goods that have been picked, loaded or ordered in specially for you may not be cancellable, and we will tell you straight away if that is the case.

14

Our liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for defective products under the Consumer Protection Act 1987, or for anything else that cannot lawfully be limited.

  • Subject to that, our total liability in connection with an order is limited to the invoiced price of the goods that give rise to the claim.
  • We are not liable for indirect or consequential loss, or for loss of profit, loss of business, loss of goodwill, wasted staff time or loss of anticipated savings.
  • We are not liable for loss or damage caused by goods being stored, handled, prepared or used incorrectly after delivery, or used after their date code.

This clause reflects the fact that you are buying for a business and can insure your own trading risks. The price we charge is set on that basis.

15

Events outside our control

We are not responsible for a delay or failure to supply caused by something beyond our reasonable control — including supplier or manufacturer failure, vehicle breakdown, severe weather, fuel or labour shortages, industrial action, fire, flood, power or network failure, or an act of government. If such an event happens we will contact you as soon as we can and agree how to proceed; if it continues for a long period either of us may cancel the affected order without further liability.

16

Intellectual property and brand names

The design, text, photography and illustrations on this website belong to A and N Co Limited or are used with permission, and may not be copied or republished without our written consent.

Brand names, logos and trade marks of the products we stock belong to their respective owners. We show them to identify the goods we supply as an independent wholesaler. Nothing on this site implies that we are the manufacturer of a branded product, or that a brand owner endorses us.

17

Data protection

We handle personal information in line with our Privacy Policy, and this website stores only what is set out in our Cookie Policy. Both form part of these terms.

18

General

  • No waiverif we do not insist on a right under these terms on one occasion, we can still insist on it later.
  • Severanceif a court finds part of these terms unenforceable, the rest continues to apply.
  • Third partiesnobody other than you and us has any right to enforce these terms.
  • Transferyou may not transfer your rights or obligations under an order without our written consent. We may transfer ours to a business that takes over ours, without affecting your rights.
  • Changeswe may amend these terms from time to time. The version on this page when we accept your order is the version that applies to it.
19

Governing law

These terms and any dispute arising out of them, whether contractual or not, are governed by the law of England and Wales, and are subject to the exclusive jurisdiction of the courts of England and Wales.

To settle before publication

Open points for A & N Co Ltd and its legal adviser. They are listed here rather than quietly assumed.

  • Confirm whether the company wants to reserve the right to statutory interest on overdue invoices, and whether any credit terms are offered in writing at all.
  • Confirm whether there is a minimum order value or delivery charge, and add a clause if there is — none is stated here because none is published today.
  • Have the retention of title and liability clauses reviewed by the company's solicitor and checked against the wording on its invoices and delivery notes.
  • Check the liability cap with the company's insurer so the terms and the policy do not contradict each other.
  • Confirm the returns wording matches what actually happens when a line is short or damaged.

Questions about this document?

Ask us directly — someone in the sales office will point you to the right person.

A and N Co Limited, Supreme Business Park, Manchester M19 3HG
VAT registration 218 954 284 · Email info@anco.ltd
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