EVOMORE Wholesale Terms & Conditions
Last Updated: October 2026
1. Interpretation & Definitions
- "Business Day" means any day other than a Saturday, Sunday, or public holiday in England.
- "The Goods" refer to both perishable items (e.g., fresh produce) and non-perishable items supplied by the Company.
- "The Contract" means the legally binding agreement between EVOMORE Wholesale Ltd (the "Company") and the buyer (the "Customer") for the sale and purchase of Goods.
- "Express" refers to items held in UK stock. "Direct" refers to items shipping directly from Jamaica.
2. Basis of Contract
Order Acceptance: Any order placed through our B2B trade portal is considered a request to purchase. A contract is only formed when EVOMORE Wholesale Ltd issues a formal Order Confirmation or Dispatch Notice.
B2B Warranty: By placing an order, the Customer warrants and declares that they are purchasing Goods strictly for trade, business, or professional purposes and not as a consumer. Consumer rights under the Consumer Rights Act 2015 do not apply.
3. The Goods & Quality Standards
- Specification: The Goods shall correspond to their description on our digital catalog and/or formal quotes.
- Food Safety Compliance: EVOMORE guarantees that all food products comply with the UK Food Safety Act 1990 and relevant hygiene regulations at the point of delivery.
- Shelf Life: Unless otherwise clearly specified as "short-dated clearance," all non-perishable Goods will have at least 3 months remaining on their 'Best Before' date at the time of delivery.
4. Pricing & Wholesale Tiers
VAT: All prices displayed are exclusive of Value Added Tax (VAT), which will be applied at the prevailing rate where applicable.
Price Fluctuations: EVOMORE reserves the right to adjust confirmed prices for "Direct" imports in the event of severe exchange rate shifts, sudden shipping surcharges, or extraordinary crop failures prior to dispatch.
MOQ (Minimum Order Quantity): We reserve the legal right to cancel entirely, or adjust pricing for, orders that fall below our stated wholesale thresholds (e.g., cases per pallet).
5. Payment Terms
- Invoicing: Payment is strictly due upon receipt of a Pro-Forma invoice for new accounts. Approved credit accounts operate strictly on a Net 30 days basis.
- Late Payment: In the event of late payment, EVOMORE invokes the Late Payment of Commercial Debts (Interest) Act 1998, entitling us to charge statutory interest at 8% above the Bank of England base rate plus fixed statutory recovery costs.
6. Delivery & Performance
Delivery Windows: All delivery dates (both Express and Direct) are estimates only. Time of delivery is not of the essence.
Shortfalls/Oversupply (The 5% Rule): The Customer cannot reject an entire delivery for a minor discrepancy of up to 5% in total weight or case quantity. The invoice will be strictly adjusted pro-rata.
Temperature Control: Responsibility for maintaining the cold-chain for chilled or frozen goods transfers to the Customer the exact moment the delivery vehicle arrives at the Customer's designated premises.
7. Inspection & Rejection (The "3-Day Rule")
- Timeframe: Customers possess a mandatory window of strictly 72 hours following delivery to report damages, short-dated anomalies, or shortages via their Trade Dashboard or Email.
- Evidence: No credit note or refund will be issued without clear photographic evidence of the damaged pallets/units and the attached batch codes.
8. Title & Risk (The "All Monies" Clause)
Risk Transfer: Risk in the Goods passes to the Customer upon completion of delivery.
Retention of Title (ROT): Legal and beneficial ownership of the Goods shall not pass to the Customer until EVOMORE receives payment in full (in cash or cleared funds) for the Goods and any other Goods supplied to the Customer.
Right of Entry: EVOMORE retains the irrevocable right to enter the Customer's premises (or any third-party premises where Goods are stored) to recover unpaid stock in the event of default or insolvency.
9. Customer Obligations & Traceability
Storage: The Customer is obligated to store food in hygienic, dry, and temperature-appropriate conditions out of direct sunlight.
Traceability: In accordance with food safety laws, the Customer must maintain accurate records of onward B2B sales (one step forward) to facilitate rapid product recalls if mandated by the FSA.
10. Limitation of Liability
- The Cap: EVOMORE’s total liability arising under or in connection with the Contract shall be strictly limited to the invoice value of the specific Order in question.
- Exclusions: We shall not be liable for any indirect loss, loss of profit, loss of business, or consequential damage arising from delayed delivery or product non-conformity.
- Non-Exclusion: Nothing in these Terms limits liability for death, personal injury caused by negligence, or fraudulent misrepresentation.
11. Termination & Insolvency
EVOMORE possesses the right to immediately terminate the Contract or suspend further deliveries if the Customer fails to pay any amount due, materially breaches food safety storage protocols, or enters into any form of insolvency, administration, or liquidation.
12. Data Protection & Confidentiality
UK GDPR: We process your business contact data in accordance with our Privacy Policy.
Confidential Pricing: The Customer agrees that their assigned wholesale pricing tier and any negotiated discounts are strictly confidential and must not be shared with competing suppliers or other retailers.
13. General Provisions
- Force Majeure: Neither party shall be in breach of the Contract if delay is caused by acts of God, shipping port strikes, extreme weather, or export bans imposed by the Jamaican government.
- Severance: If any provision is found invalid by a court, the remaining provisions remain in full force and effect.
- Jurisdiction: The Contract and any disputes shall be governed exclusively by the laws of England and Wales.