London's premier fruit & veg supplier since 1981 
London's premier fruit & veg supplier since 1981
1.1 In these Terms, the following definitions apply:
“Products” means the goods listed on our website.
“Website” means www.montgomeryswholesale.co.uk.
“Contract” means the contract between us and you for the sale and purchase of Products in accordance with these Terms.
1.2 Clause, schedule and paragraph headings do not affect interpretation.
1.3 A person includes a natural person, corporate or unincorporated body.
2.1 We are Montgomery Wholesale Fruit and Veg Limited (trading as Montgomery Wholesale), a company registered in England and Wales with company number 05253547. Our registered office is Stand 45–46, New Spitalfields Market, 1 Sherrin Road, London, England, E10 5SJ (“we”, “our”, “us”). Companies House
2.2 We sell and deliver fresh produce and related Products.
3.1 These Terms apply to any order placed via the Website, by telephone, email or any other method. By placing an order, you agree to these Terms.
3.2 You should print or save a copy for future reference. We may amend these Terms from time to time. The Terms in force at the time of your order will apply.
4.1 We will supply, and you shall purchase, such quantities of Products as you order in accordance with these Terms.
4.2 If you amend or cancel an order, you are liable for all costs reasonably incurred up to our receipt of your amendment or cancellation, unless our failure caused the amendment or cancellation.
4.3 Product images on the Website are illustrative only. Your Products may vary slightly. Packaging may also vary.
4.4 Although we aim for accuracy, all sizes, weights, capacities, dimensions and measurements indicated on the Website have a tolerance of 10%.
4.5 All Products are subject to availability. If a Product is unavailable, we will notify you as soon as possible and will not process that part of your order.
4.6 Time is not of the essence for any obligation in the Contract.
4.7 Minimum order value. Our minimum order value is £10.
4.8 The Products supplied shall:
a) conform in all material respects with their description on the Website, subject to tolerances above; and
b) be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
4.9 To the fullest extent permitted by law, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
4.10 We will ensure Products are properly packed and secured to reach you in good condition.
5.1 Delivery is completed when we unload the Products at the delivery location you specify when ordering.
5.2 A delay in delivery does not entitle you to refuse delivery, claim damages or terminate the Contract, subject to clause 9.
5.3 Packaging materials, including our boxes, remain our property. Please make them available for collection on your next delivery or at a location we specify if you do not have a recurring order. Returns of packaging are at your expense unless we agree otherwise.
6.1 You must check the Products on delivery and notify us of any non-conformity with clause 4.8 immediately, and in any event the same day, as we primarily deliver perishable goods.
6.2 If you do not notify us in accordance with clause 6.1, you are deemed to have accepted the Products.
6.3 We are not liable for failure to comply with clause 4.8 if you continue to use the Products after giving notice under clause 6.1.
6.4 If you validly reject Products under clause 6.1, we will, at our discretion, either refund the price of the rejected Products or supply replacements on a future date agreed between us.
7.1 Product prices include VAT where applicable. Most perishable goods are zero-rated for VAT.
7.2 Prices include standard packaging and delivery to eligible areas. Any additional delivery charges will be shown at checkout or agreed in writing.
Consumers
8.1 Payment is in advance. We will not charge your card until dispatch.
Businesses
8.2 We may invoice you on or after delivery. You agree to pay invoices in full and in cleared funds within 14 days of delivery, unless otherwise agreed in writing.
8.3 If you fail to pay any amount due by the due date, interest accrues on a daily basis at 8% per annum above National Westminster Bank plc base rate from the due date until payment, whether before or after judgment. For sums disputed in good faith, interest is payable only after the dispute is resolved, from two days after resolution.
8.4 If you dispute an invoice, you must notify us immediately in writing.
8.5 All payments due become immediately payable on termination of the Contract for any reason or if you become subject to any event in clause 9.3.
8.6 This clause is without prejudice to any right to claim interest under law or this agreement.
Consumers
9.1 You may cancel at any time by email or post. Cancellation takes effect on the date you send the email, or two working days after posting.
Businesses
9.2 You may terminate on seven days’ written notice.
Our rights
9.3 We may suspend supply or terminate the Contract if we reasonably believe you are, or are about to become:
a) subject to administration, liquidation, receivership or an arrangement with creditors, or a similar process in any jurisdiction;
b) suspending or ceasing a substantial part of your business; or
c) failing to pay any amount due on the due date.
9.4 Termination does not affect rights, remedies, obligations or liabilities accrued up to the date of termination, including the right to claim damages for breach existing at or before termination.
10.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of section 12 of the Sale of Goods Act 1979 or breach of section 2 of the Consumer Protection Act 1987.
10.2 Subject to clause 10.1, we shall not be liable for: loss of profit, loss of goodwill, loss of business opportunity, loss of anticipated saving, loss or corruption of data or any indirect or consequential loss.
10.3 Subject to clauses 10.1 and 10.2, our total liability arising under or in connection with the Contract shall be limited to the price of the Products ordered.
11.1 A Force Majeure Event means any circumstance beyond our reasonable control, including acts of God, flood, drought, earthquake, epidemic or pandemic, terrorism, civil commotion, war, sanctions, nuclear or chemical contamination, acts of government, fire, explosion, building collapse, industrial action, non-performance by suppliers or subcontractors and interruption or failure of utilities.
11.2 Provided we comply with clause 11.3, we will not be in breach, nor liable for delay or failure to perform, if prevented or delayed by a Force Majeure Event. Time for performance is extended accordingly.
11.3 We will use reasonable endeavours to mitigate the effect of a Force Majeure Event.
12.1 If any provision is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to be valid, legal and enforceable. If modification is not possible, it shall be deemed deleted. This does not affect the remaining provisions.
13.1 These Terms constitute the entire agreement between us and supersede all prior discussions and agreements relating to the subject matter.
13.2 You acknowledge that you have not relied on any statement or representation not set out in these Terms. Nothing in this clause limits or excludes liability for fraud.
14.1 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
15.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation are governed by the law of England and Wales.
15.2 The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim.