Ginger Dragon Ltd is aiming to deliver the finest quality raw materials into the manufacturing and retail market,
we work closely with our clients. On accepting the delivery of goods the following terms and conditions override all other
terms applied by customers or suppliers. Buyers terms and conditions apply only where signed and endorsed by a director
of Ginger Dragon Ltd. In accepting delivery these terms apply:
All goods remain the property of Ginger Dragon Ltd until paid for in full or credit note issued.
2. Late or delayed payment
We reserve the right to charge interest on overdue accounts at 8% above bank of England Base rate unless specified otherwise, in the case of late payment beyond 14 days from the agreed terms we reserve the right to cancel the balance of contract or delay shipment until payment has been received.
3. Confirmation of Delivery and Price
All offers and prices received by telephone, email, fax, or letter are subject to reconfirmation in writing from Ginger Dragon Ltd. Ginger Dragon Ltd has not entered into any commitment or final prices until such confirmation is given, usually by signed sales contract.
4. Costing Events Outside Our Control
We reserve the right to amend the price of our goods in the event of a severe economic event outside our control such as crop failure, severe weather, market speculators, and other financial issues. In such an event we would provide an authorised statement to the buyer from the supplier detailing why the price has changed. On receipt of our explanation the buyer has the right to cancel outstanding balances only by mutual agreement with Ginger Dragon Ltd.
During and after a contract is completed (and up to 7 years in accordance with HMRC regulations) any variation even retrospective variation of duty and or VAT is for the buyers account and maybe invoiced. This includes any reversal of a binding tariff classification by customs. Any new excess duty applied as a result of Britains exit from the European Union will also be for the buyers account at the time when the goods are imported and therefore the invoiced price may vary during the period of contract.
Goods sold Ex Store are invoiced on the date the order is received. Goods delivered are invoiced on the date of delivery.
Goods invoiced at date of Bill of Lading are invoiced on the date of the bill of lading copy when received.
Title to the goods always remains with Ginger Dragon Ltd until funds are received in full.
Payment cannot be delayed for goods delivered without fault in lieu of another outstanding matter. Goods remain the property of Ginger Dragon Ltd until payment is received in full. Ginger Dragon Ltd reserves the right to cancel, delay, or cease to manufacture goods without penalty if a client is in breach of payment conditions. Ginger Dragon Ltd reserves the right to pass the debt to The Royal Bank of Scotland under it's terms of invoice discounting, in such circumstances, payment is due to The Royal Bank of Scotland.
7. The limit of liability and faulty goods
a) Ginger Dragon Ltd has products liability insurance cover to five million pounds Sterling, details of which are available on request.
The limit of liability is strictly restricted to the replacement of faulty goods (raw materials) or a credit for the same. Therefore, Ginger Dragon Ltd cannot accept without prior agreement in writing, claims for product recall, loss of profit, finished goods, loss of goodwill or any other third party claim.
Manufacturers producing retail lines are expected to offer their customers the security of product recall insurance. Without the written guarantee of Ginger Dragon Ltd no such insurance company shall have any rights to claim expenses or damages from Ginger Dragon Ltd.
b) Ginger Dragon Ltd cannot accept the return of goods where without prior notice or agreement in writing for further inspection they have been further decanted or otherwise removed from secure packaging and handled.
Broken, damaged or defaced cartons or drums cannot be accepted for return, unless agreed or have been damaged by a third party appointed by Ginger Dragon Ltd.
c) Variable frying performance in poppadum pellets does not constitute breach of specification. Variable performance would cover such items as under or over expansion, small or oversized bubbles on the surface, variation in colour, variation in flavour, variation in texture. Our liability for product quality is as per agreed specifications only. We are not liable for the processing, frying, flavouring, packing, addition of other ingredients, handling or storage in conditions beyond our control.
Neither are we responsible for finished fried product parameters and standards agreed between our customers and their customers. These remain the responsibility of the frying party. Where positive release has been made prior to shipment on poppadums with mutual agreement, this test is made available to the end buyer before shipment and is final. Ginger Dragon Ltd will not be responsible for any further findings or costs in any dispute raised with any party what so ever. No rejection or claim can be raised on Ginger Dragon Ltd for any reason connected with the tests or further testing producing any result on the parameters already covered. Product failing the test will not be shipped and costs associated will be for Ginger Dragon Ltd account. We reserve the right to short ship any failed quantities without penalty.
d) Ginger Dragon Ltd takes duly diligent precautions to protect its buyers from the possibility of accidental contamination of its products by genetically modified crops. However Ginger Dragon Ltd cannot accept any claims for recall, 3rd party or consequential losses from the detection of issues in the UK/EU, however arrived at.
e) Ginger Dragon Ltd does not warrant its specifications for products exported outside the EU without our prior agreement and knowledge. Ginger Dragon Ltd does not warrant that its products comply with any non EU legislation. Goods produced at origin before any change in legislation are also not covered.
f) Ginger Dragon Ltd reserves the right to alter its sales specifications and customer agreed specifications with a maximum of 1 month notice.
g) Every precaution is taken to ensure deliveries and Ex-store releases are correctly made. However, it is the buyers responsibility to check they are using the correct product. This also extends to buyers checking the organic status of such goods where applicable.
No claims for compensation can be paid in the event that the buyer users incorrect raw material.
h) The organic status of raw material supplied by Ginger Dragon Ltd is certified by by the Soil Association in the UK and BCS in Germany. Ginger Dragon Ltd supplies all raw materials in good faith that organic status has been correctly awarded.
These certificates are freely available to all buyers.
Ginger Dragon Ltd is not responsible for the possible failure of either body in determining the organic status of any consignment.
Nor is it responsible for the testing of invidual compounds such as pesticides which could invalidate the organic status of raw materials. No claims for compensation can be directed to Ginger Dragon Ltd over such matters.
Ginger Dragon Ltd operates an annual pesticide testing reigime in the UK - the testing results for which are freely available for all buyers. However the annual test is a quality control test not a guarantee for each batch. If the buyer has a specific compound requiring testing such a request should be made known to Ginger Dragon Ltd prior to contract.
i)The extend of Ginger Dragon Ltd's product liablity insurance is limited to the geographic area of Great Britain. Buyers outside Great Britian do so knowing that they have to cover their own public liability insurance.
j) In the event of a non-conformance from the specification being discovered by any buyer in the supply chain beyond Ginger Dragon Ltd, any retest of the goods (beyond what has already been done) must be done by a mutually agreed independent laboratory (UKAS Equivalent), and by mutually agreed test method. The results (from origin and or Ginger Dragon Ltd) which are most statistically representative of the affected lot shall be deemed final. Out of spec raw material can be replaced or credited to the limit of its value as invoiced by Ginger Dragon Ltd. But in all circumstances Ginger Dragon Ltd is not responsible for any losses to any party, including intellectual, reputation or third party claims, however incurred.
k) Ginger Dragon Ltd does not warranty is products for sale by way of insurance or specification for sale or use or manufacture in any way within the United States of America or Canada and all their associated territories. Ginger Dragon Ltd furthermore is not responsible for checking the ultimate destination of goods sold outside the EU whether in bulk or retail format, nor is Ginger Dragon Ltd responsible for checking the regulations of import, food use, or food manufacture control in the states of America or Canada especially in this clause. It is for the buyer to make their own insurance available for such transactions and Ginger Dragon Ltd will not be liable in any financial or legal matter whatsoever.
8. Revaluation of Yuan, RMB, or Indian Rupee
Ginger Dragon Ltd enters into long term contracts for supply and sale, this involves some risks that cannot be covered.
In the event of a sudden revaluation of the Yuan, RMB, the currency of China or Indian Rupee currency of India, Ginger Dragon Ltd reserves the right to alter contract prices without notice and in line with the revaluation/ correction if the supplier is genuinely unable to ship because of such an issue. However, every endeavour would be made to ensure contract prices remain unchanged for the balance of existing contracts where possible.
9. Force Majuere
In the event of "Force Majeure" defined to mean "Unforeseeable course of events", the transacting parties agree to indemnify each other for failure of deliveries and performance of contract cause by Strikes, Lockouts, Labour Disturbances, Anomalous working conditions, Accident to machinery, Unforeseen delays en route, Policies and restrictions of Governments, including restrictions on export or import or other licenses, war, whether declared or not, riot, civil disturbances, serious fire, an implied severe act of nature, Acts of Terrorism, Acts of Piracy or any other acceptably defined contingency whatsoever beyond the control of either party, to be sufficient excuse for any delay or non-performance traceable to any of these specific events-including where delay to the transaction is a result of the untimely death or serious sickness or injury to any of the principal contract signatories.
Communications, including email is for the intended recipient only. Unauthorised use or forwarding is prohibited and considered a breach of contract if existing.
11. Brexit - special conditions for transition period September/October/November 2019
The company is fully committed to making a smooth transition over Brexit on matters within our control and looks forward to the loyal support of all British companies and will give the same in what will be a new and brave world. It may be that there could be an unsteady situation in the transition period which can be planned for to reduce its effects.
Any import contracted or not but requested for delivery after the end of October 2019 may be subject to a new rate of duty on the date of Brexit and if higher this will be for buyers account.
Ginger Dragon Ltd is not responsible for any financial consequences caused by Brexit delays to commercial activities and advises buyers of full container loads that they should take extra stock during 2019.
Any import requested for end of October 2019 may require prepayment or part prepayment in the case that we may not be able to deliver said order for delays and reasons outside our control. We reserve the right to make other changes or controls to be put in place to protect our interests at any time and without notice.
In the event Britain fails to negotiate a settlement with the EU forcing a no deal exit from the EU (hard brexit) this will be regarded as a force majeure situation. In such a situation Ginger Dragon reserves the right to renegotiate all contracts and prices in place, including retrospectively.
12. Changes to these terms
Ginger Dragon Ltd reserves the right to change the terms and conditions of sale without prior notice.
If in doubt about any of these terms please contact us.
13. Notice on allergens
Ginger Dragon Ltd takes all reasonable care to advise clients of the risk of potential allergens in our products.
Allergens absence and or potential contamination are covered in our specifications. The testing regimes are as agreed under our auditing system with our suppliers but are not exhaustive. Ginger Dragon Ltd does not knowingly supply the free from market and any products entering the market on that basis should be agreed with Ginger Dragon Ltd specifically.
Customers are responsible for carrying out their own testing prior to use in addition giving Ginger Dragon Ltd the opportunity to make tests on delivery batches where required. Where results are given by Ginger Dragon Ltd on the basis of the testing regimes we carry out they are full and final, unless a specific regime is agreed with a client. Ginger Dragon Ltd is not responsible for failure to not observe this guidance nor failure to inform Ginger Dragon Ltd of products entering free from allergens products prior to use.
Terms and Conditions last updated 17th July 2019.
Last previous update was 7th December 2018.
List of changes made can supplied on request.