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:
1. Title
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.
5. Invoicing
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.
6. Payment
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 / public liability insurance cover to five million pounds Sterling, details of which are available on request. This cover only applies to the UK, we accept no responsibility for sales outside the UK.
The limit of liability (in any event arising) 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 for whatever reason, including a product recall or return to the manufacturer. Any recall undertaken without prior agreement with Ginger Dragon nullifies all responsibility.
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 and other 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. Where the specification is breached by a modest amount, leading to frying problems with the buyer, it is the responsibility of the buyer to demonstrate the issue is directly related to the frying performance; where the opinion of the buyer and the manufacturer differ, there will be no liability to Ginger Dragon.
We are responsible for finished fried product parameters and standards agreed between our customers and their customers. These remain the responsibility of the frying party.
d) Where positive release has been made prior to shipment on pappadums and pellets with mutual agreement, this test is made available to the end buyer before shipment and is final. This relates to the testing of physical parameters of specification including tests for allergens. 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.
e) 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.
f) 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.
Sales to USA and Canada are excluded in all eventualities.
g) Ginger Dragon Ltd reserves the right to alter its sales specifications and customer agreed specifications without notice.
h) 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.
i) 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 any body in determining the organic status of any consignment.
Nor is it responsible for the testing of individual compounds such as pesticides and herbicides which could invalidate the organic status of raw materials. No claims for compensation can be directed to Ginger Dragon Ltd over such matters.
Compound occurring at natural levels which would invalidate organic status, tested by any private or government authority are also specifically excluded from the responsability or liability of Ginger Dragon.
Ginger Dragon Ltd operates an annual pesticide testing regime 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.
j) The extent of Ginger Dragon Ltd's product liability insurance is limited to the geographic area of Great Britain. Buyers outside Great Britain do so knowing that they have to cover their own public liability insurance.
k) 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.
l) 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.
m)
Where goods are accepted as rejected, Ginger Dragon has the right to –
Make remedial actions to make them fit for consumption or use. The buyer is expected to mitigate all possible and potential losses in such an event.
n) Where goods are rejected and returned by mutual agreement, the shipping method by sea or air is the same as the original order—without exception.
8. Foreign Matter
Our suppliers work tirelessly to ensure the absence of foreign matter. However, most products are of an artisan nature ( not machine made) and all finishing and checking is by hand and eye. There is always scope that things can get missed by human error no matter how carefully they are checked.
Ginger Dragon draws buyers attention to this fact and deviations will be by corrective measures agreed between all parties as to what is reasonable and attainable. Sometimes this will be ongoing over a long period. Goods should be inspected before use in quantities they and their buyers regulations find applicable. If there are finds Ginger Dragon should be notified before the product is used and consumer complaints also reported to Ginger Dragon as soon as they are received. The limit of liability in all cases is limited to the value of the goods supplied and unused. It does not cover transport costs other than replacement from origin by the same method that the goods were originally shipped.
9. Replacement of Faulty Goods
If Ginger Dragon agrees the replace faulty goods the shipping method is by the same method we used to supply those goods. Usually this would mean sea freight.
10. 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.
11. Force Majeure
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.
12. Communications
Communications, including email is for the intended recipient only. Unauthorised use or forwarding is prohibited and considered a breach of contract if existing.
13. Decisions and policies of the European Commission, related to but not exclusively limited to movement of goods between Great Britain, Northern Ireland and the European Union or from third countries to the EU via Great Britain or the direct supply to the EU via a third country .
a) Ginger Dragon Ltd is not responsible for the consequences of decisions made by the European Commission that result in the disruption of trade in any way, be this caused by changing legislation, removal of accreditation authority, unreasonable behaviour, prejudice, removal of established legislation or the implementation of new legislation (any of these ) at short notice (short notice being less than 24 -52 weeks).
b) Ginger Dragon Ltd is not responsible for the European commission's failure to disclose its intentions to us to remove or add legislation without reasonable notice (24 – 52 weeks).
c) Ginger Dragon Ltd is not financially or socially responsible for any consequential losses so arising from any decision or policy implemented by the European Commission that affects the interests of our clients or any other third party in the UK or EU no matter how caused, including but not limited to disruption to border traffic, removal of organic or Fairtrade status, shipments from third parties, problems with haulage, shipping or any other matter related. This also includes the failure to be able to meet contractual obligations, in our opinion.
14. Pandemics- Unlimited definition but typically viral, bacteriological or chemical
a) Ginger Dragon Ltd is not responsible for any losses or consequential losses by any party or any third party where pandemic conditions of any type, be they viral, bacteriological or chemical, have applied to the root cause of the problem.
b) Ginger Dragon Ltd not responsible for failure to meet contractual obligations due to pandemic conditions where prevailing in the UK, transit conditions or from the point of origin of the goods.
15. Notice on Allergens, Pesticides and GMO.
Ginger Dragon Ltd takes all reasonable care to advise clients of the risk of potential allergens, pesticides and GMO in our products.
The testing regimes for allergens pesticides and GMO 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 testing for allergens, pesticides and GMO prior to use of the goods in addition giving Ginger Dragon Ltd the opportunity to make tests on delivery batches where required by contract. 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. The use of goods after negative and satisfactory test results are the buyers responsibility and no further liability applies to Ginger Dragon.
16. 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.
Terms and Conditions updated 20th August 2024.
Last previous update was 24th June 2024.
List of previous changes made can be supplied on request.
