Any Conditions entered into between Andrews Flour Mills Limited, Belfast Mills, Percy Street, Belfast (therein called The Company) and any persons, firm or company (therein called the buyer) will be subject to the Terms and Conditions of Sale as set out below.

1 PRICES

Unless otherwise specified by the company in writing, all prices quoted are Net, exclusive of Value Added Tax. All prices quoted are, unless stated in writing, subject to variation without prior notice. In all other instances prices ruling at the date of delivery apply. Each quotation is for the stipulated quantities only and will not apply to any different quantity or any other order or enquiry.

2 CREDIT ACCOUNTS

The purchase of goods on credit will be deemed to be acceptance of these Terms and Conditions of Sale and in particular acceptance of the Terms of Payment.

3 Customers to whom credit facilities have been granted must settle accounts within 30 days from date upon which the goods were invoiced (the due date). In the event of any amount remaining unpaid after the due date for payment then payment for all goods delivered at any time by the company (including goods delivered after those to which the unpaid amount relates) shall forthwith become due and the buyer shall be liable to pay interest to the company at the rate of 4% above the base lending rate of Bank of England Limited from time to time on all monies then due by the buyer to the company from the date or dates upon which monies become due until payment is made in full.

4 The company reserves the rights to refuse delivery if the buyer’s account is overdue or credit unsatisfactory.

5 RESERVATION OF TITLE

All goods supplied by the company to the buyer herein referred to shall remain the sole and absolute property of the company both in law and in equity until the buyer shall have paid the company the agreed price together with the full price of any other goods supplied by the company to the buyer pursuant to any other contract between them. The buyer acknowledges that it is in possession of all goods supplied solely as Bailee for the company until the buyer shall have paid the company the agreed price together with the full price of any other goods supplied by the company to the buyer pursuant to any other contract between the company and the buyer. Until such time as in accordance with the above provisions the buyer becomes the owner of the goods it will store them on its premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the company. The buyer’s right to possession of the goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up or commits an available act of bankruptcy and the company may thereupon enter upon any premises where the goods are stored or where they are reasonably thought to be stored for the purpose of repossessing them. Notwithstanding the retention of property in the goods by the company in accordance with the above provisions all goods supplied by the company to the buyer in pursuance hereof shall be at the risk of the buyer as soon as they are delivered by the company to the buyer’s vehicles or to its premises or otherwise to its order until such time as in accordance with the above provisions either the buyer shall have ceased to have the right to retain possession of the goods or shall have acquired the property in them the buyer is licensed by the company to agree to sell the goods on the company’s behalf as agent save the buyer shall not hold itself out as such but shall sell on its own account and shall hold the entire proceeds of sale as trustee for the company and shall pay them into a separate bank account opened for the purpose and approved by the company and shall ensure that in no circumstances are the proceeds mingled with other money or paid into any overdraft bank account but are at all times identifiable as the company’s money. If the buyer has not received the proceeds of any such sale it will if called upon to do so by the company assign to the company within seven days all rights against the person or persons by whom the proceeds are owed.

6 PREVENTION OF PERFORMANCE NON AVAILABILITY ETC.

The company shall not be responsible for delay or failure to supply or delay in completing the sale when such failure or delay is attributable to a cause beyond the control of the company. Epidemics, strikes, lock-outs, production accidents, default by carriers, industrial accidents, difficulties and delays, and acts of God whatsoever shall be deemed to be acts over which the Company has no control. The list contained herein is deemed not to be exhaustive. Where cases of complete or partial interruption in the usual sources of supply of the raw materials or energy required for carrying out production programmes occur the company shall have the right as they see fit to reduce deliveries in proportion to the availability of raw materials and energy. The buyer shall be informed of such occur as soon as is practicable for the company to do so.

7 SUPPLY

The company can accept no responsibility for loss, consequential or otherwise resulting from failure to supply goods, services, material or equipment.

8 DELIVERY

The company shall not in any circumstances be liable for any goods considered damaged in transit, defective, or otherwise, unless such damage is reported to the company, and the carrier, (if any concerned) within 48 hours of receipt of goods by the buyer. In the event of nondelivery of the goods in whole or in part without prejudice to the above mentioned conditions of carriage the company shall not be liable unless notice in writing of such non-delivery is received by the company within fourteen days of the date of despatch. Dates of delivery are estimated and no liability can be accepted for any loss consequential or otherwise arising from any delay in delivery. If the buyer is unable to accept delivery on the date agreed at the time of order a charge will be made by the company for handling and storage until such time as delivery is made.

9 RETURNS

Any goods supplied in accordance with an order cannot be returned without the company’s written consent. Application for such consent can only be considered within 30 days from date of invoice and must be in writing stating date and number of invoice on which the goods were supplied along with an explanation for return, but it is not in any event incumbent on the company to accept the return of any goods.

10 LIABILITY

The buyer will state the purpose for which the goods are being purchased and unless so stated then the company shall not be liable for consequential losses of any kind arising directly from or in consequence of a sale of any goods by the company, or without prejudice to the generality of the foregoing, the use to which any goods are put.

11 CONTRACT CONDITIONS

Any variation or conditions intended to be introduced by the buyer form no part of the contract of sale between the company and the buyer unless such variation or condition has been agreed in writing by the company. None of the company’s employees or agents has the authority to bind the company by an oral agreement at variance to these conditions of sale.

12 LAW

These terms and conditions will be construed in accordance with the laws of Northern Ireland.