Terms and conditions of sale

1. Who we are and how these terms apply

These terms apply to all goods supplied by Keith Mawby Limited, trading as KML Foodservice (“we”, “us”, “our”), to any business customer (“you”, “your”).

Keith Mawby Limited is registered in England and Wales, company number 02661143, at The Warehouse, Beevor Street Industrial Estate, Pontefract Road, Barnsley, South Yorkshire, S71 1HN.

By placing an order you accept these terms. They apply in place of any terms you put forward, including any printed on a purchase order, unless we have agreed otherwise in writing.

We supply to businesses only. We do not sell to consumers, and the protections that apply to consumer contracts do not apply to these terms.

2. Placing an order

Orders can be placed through our ordering app, by telephone on 01226 288000, or by any other method we have agreed with you.

Order by 5am for delivery the same morning, seven days a week. Orders placed after 5am will normally be delivered the following day.

An order is accepted when we deliver it, not when it is placed. We may decline an order, in whole or in part, where goods are unavailable, where an account is outside its agreed terms or credit limit, or where a delivery address is outside the area we serve.

There is no minimum order value and no delivery charge.

3. Prices

Prices are specific to your account and are confirmed at the point of ordering.

Fresh produce prices move with the market and can change at short notice. We will tell you where a price has changed materially before an order is confirmed where we reasonably can, but market movement is not a basis for rejecting goods after delivery.

Prices are exclusive of VAT. Lines that are standard-rated are marked in our catalogue and charged accordingly.

4. Availability and substitution

Availability of fresh produce is seasonal and can be affected by weather, growing conditions and supply beyond our control.

We will not substitute a different product for the one you ordered without your prior agreement. Where a line is unavailable we will short it from your order and tell you.

Our catalogue reflects what we hold regularly. It is not a guarantee that every line is available on any given day.

5. Delivery

We deliver seven days a week, including weekends and bank holidays, within the area we serve.

You are responsible for giving us safe and lawful access to the delivery point, and for telling us about parking restrictions, gate or door codes, keyholder arrangements, access times and any other requirement. Where you have asked us to leave goods without a signature, we do so at your risk.

If we cannot deliver because access is not available, or because there is nobody to receive the goods, we may charge for the wasted delivery and for any goods that cannot reasonably be resold.

[CONFIRM: do you want to charge for failed deliveries, or leave this out?]

Delivery times are estimates. We will always do our best to hit them, but we are not liable for delay caused by traffic, weather, vehicle breakdown or other circumstances outside our reasonable control.

6. Shortages, damages and quality

Shortages, damages or quality issues must be reported on the day of delivery so that they can be resolved promptly. This matters more with fresh produce than with anything else: condition cannot be assessed reliably once goods have been stored on your premises.

Please check goods on arrival. Where an issue is reported on the day, we will replace the goods, credit them, or collect them, as we agree with you.

7. Returns

Fresh, chilled and frozen goods cannot be resold once they have left our temperature-controlled chain, so returns of these lines are considered case by case. Ring us on 01226 288000 and we will deal with it.

Ambient, packaging and cleaning lines may be returned where they are unopened, undamaged, in their original packaging and within a reasonable period of delivery.

We do not accept the return of any product ordered specially for you at your request.

[CONFIRM: is this right? It matters for special-order lines.]

8. Title and risk

Risk in the goods passes to you on delivery.

Title to the goods remains with us until we have received payment in full, for those goods and for any other sum you owe us. Until title passes you must store the goods so that they remain identifiable as ours, and we may enter any premises where they are held to recover them.

9. Payment

Payment terms are agreed with each account individually and are set out in your account documentation.

Invoices are payable strictly within the agreed terms. Interest may be charged on overdue accounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

Where an account is overdue or over its credit limit we may suspend deliveries or place the account on a pay-on-delivery basis until it is brought back within terms.

You may not withhold payment of any invoice because of a dispute over another.

10. Credit accounts

The granting of credit facilities, any credit limit and any payment terms are at our sole discretion and remain subject to ongoing review.

We may contact the trade and bank references you give us, and may carry out a credit search, for the purpose of assessing your application.

You must tell us promptly of any change of ownership, trading name, registered address or delivery address.

11. Product information, allergens and specification

We supply products as they are supplied to us by our own producers and suppliers.

Product information, including ingredient, allergen and nutritional information, comes from those suppliers. It can change without notice, and the packaging and labelling supplied with the goods is the definitive source. You should check the label on every delivery rather than relying on any information we have given previously.

Where you have particular allergen, specification or due-diligence requirements, tell us in writing and we will tell you whether we can meet them.

Responsibility for the safe storage, handling, preparation and labelling of goods after delivery, and for compliance with food safety law on your premises, is yours.

12. Our liability

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, our liability for any order is limited to the price of the goods in question, and we are not liable for loss of profit, loss of business, or any indirect or consequential loss.

[CONFIRM: this is a standard limitation, but it is the clause most worth a solicitor’s eye — particularly given supply to care homes and schools.]

13. Data protection

The personal data you provide is processed by Keith Mawby Limited as data controller for the purposes of opening and administering your trade account, credit assessment, delivery and invoicing.

It is retained for as long as the account is active and for six years afterwards to meet statutory accounting requirements. It is not sold or shared for marketing purposes. You may request access to it, or correction of it, at any time by writing to us at the address above, or by emailing sales@kmlfoodservice.com.

Our privacy policy sets out how we handle personal data in full.

14. Changes to these terms

We may update these terms from time to time. The version published on our website at the time you place an order is the version that applies to that order.

15. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Last updated: 1 September 2026