Bestway: Bestway Wholesale Limited (registered in England and Wales with company number 01207120) or Bestway Northern Limited (registered in England and Wales with company number 02675585) both trading as Bestway Wholesale as notified by the applicable entity.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time by Bestway.
Contract: the contract between Bestway and the Supplier for the sale and purchase of the Goods in accordance with these Conditions.
Delivery Time: the date and time agreed in writing between Bestway and the Supplier in accordance with the Supplier Goods and Delivery Standards.
Delivery Location: the address for delivery of Goods as set out in the Order.
Goods: the goods (or any part of them) set out in the Order or any replacement goods.
Order: Bestway's order for the Goods, as set out in Bestway's purchase order form.
Prompt Settlement Discount: the discounted prices for Goods paid by Bestway for early settlement payment specified by the Supplier from time to time.
Retrospective Discount: a discount payable by the Supplier after the end of each promotional period. Products where promotional activity is funded by a Retrospective Discount are agreed between Bestway and the Supplier.
Specification: any specification for the Goods that is agreed by Bestway and the Supplier.
Supplier: the person or firm from whom Bestway purchases the Goods.
Supplier Goods and Delivery Standards: the standards that apply to any Goods supplied that relate to (but are not limited to) fulfilment of Orders, delivery, delivery times, and non-compliant Goods all as set out in the document headed ‘Supplier Goods and Delivery Standards’ as may be amended by Bestway from time to time, a copy of which may be obtained from Bestway.
Bestway is an independent wholesaler operating across a variety of sectors including convenience retail, foodservice and specialist pet. Bestway also owns and operates a number of retail brands including Best-One, Bargain Booze and Best-pet, as well as a retail club scheme, Xtra Local.
2.1 Whilst Bestway will purchase Goods on the terms of the Supplier, these Conditions apply to the Contract between Bestway and the Supplier in precedence of any conflicting terms with the Suppliers terms and the Supplier waives any right it may otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Supplier that is inconsistent with these Conditions.
2.2 An Order constitutes an offer by Bestway to purchase the Goods which shall be deemed to be accepted as a Contract on the earlier of the Supplier issuing a written acceptance of the Order or the Supplier doing any act consistent with fulfilling the Order.
3.1 The Supplier shall ensure that the Goods comply with the requirements of the Supplier Goods and Delivery Standards, shall correspond with their description and any applicable Specification and comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods in particular and where applicable, the Food Safety Act 1990 (including as amended or re-enacted).
3.2 Bestway may inspect and test the Goods prior to delivery and if it considers that the Goods do not conform with any obligation in respect of the Goods referred to in clause 3.1 then the Supplier shall take such remedial action as is necessary to ensure compliance at its sole cost. Any testing will not affect the Supplier’s obligations in the Contract.
3.3 Bestway is under no obligation to order Goods from the Supplier and may de-list any SKU’s at any time.
4.1 The Supplier shall ensure that the Goods are properly packed and secured in compliance with the Supplier Goods and Delivery Standards so as to enable them to reach the Delivery Location in good condition.
4.2 The Supplier shall arrange delivery and booking slots in accordance with the Supplier Goods and Delivery Standards and Goods shall be delivered at the Delivery Time and Delivery Location. Delivery of the Goods shall take place on the completion of unloading the Goods at the Delivery Location.
4.3 Discrepancies in Goods volumes shall be processed by Bestway in accordance with the Supplier Goods and Delivery Standards.
4.4 Goods may be rejected by Bestway for reasons of non-compliance with the Supplier Goods and Delivery Standards as set out in the section headed ‘Non-compliant product’.
4.5 Any rejected Goods shall be returnable at the Supplier's risk and expense as set out in the Supplier Goods and Delivery Standards. If the Supplier delivers more or less than the quantity of Goods ordered and Bestway accepts the delivery, a pro rata adjustment shall be made to the invoice for the Goods.
4.6 The Supplier shall not deliver the Goods in instalments or across vehicle loads without Bestway's prior written consent. Where it is agreed that the Goods are to be delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle Bestway to the remedies set out in clause 5.
5.1 If the Goods are not delivered on the Delivery Time, or do not comply with the undertakings set out in clauses 3 or 4, then, without limiting any of its other rights or remedies implied by statute or common law, and whether or not it has accepted the Goods, Bestway may exercise any one or more of the following remedies:
(a) to reject the Goods (in whole or in part) and return them to the Supplier at the Supplier's own risk and expense;
(b) to require the Supplier to replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid);
(c) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; and
(d) to recover from the Supplier those costs incurred by Bestway in processing and resourcing the fault in the Goods, delivery or failure by the Supplier to meet the standards as set out in the Supplier Goods and Delivery Standards.
6.1 The first order of newly listed Goods including any new SKU’s of existing lines are ordered on the basis of sale or return and shall be paid for by Bestway when all Goods in the first order are sold by all Bestway depots that have stocked the first order of Goods. If in Bestway’s discretion, the first order of Goods is not selling then on notification from Bestway, any Goods with a shelf life of less than 3 months shall be collected by the Supplier at their cost and any damaged Goods notified to Bestway on collection.
6.2 The price of the Goods includes the costs of packaging, insurance and carriage. No extra charges shall be effective unless agreed in writing with Bestway.
6.3 The Supplier shall ensure that any invoice includes the date of the Order, the invoice number, Bestway's order number, the Supplier's VAT registration number, and any supporting documents that Bestway may reasonably require.
6.4 Bestway shall pay correctly rendered invoices on the term agreed between Bestway and the Supplier in writing.
6.5 Bestway shall take the benefit of any Prompt Settlement Discount.
6.6 Bestway may at any time, without limiting any of its other rights or remedies, set off any liability of the Supplier to Bestway against any liability of Bestway to the Supplier including any charges due in accordance with the Supplier Goods and Delivery Standards or any other trading terms agreed by Bestway and the Supplier.
6.7 Any disputed amounts will be treated as follows unless otherwise agreed in writing: Bestway will pay to our agreed terms but will deduct the disputed amounts; Bestway will notify any claim promptly to a nominated supplier email address; All claims will be deemed accepted unless written confirmation of a dispute is received within 30 days; Dispute responses received from a Supplier will be responded to within 30 days.
6A.1 The Supplier will pay Retrospective Discounts as agreed with Bestway on Best-one and Best-one Delivered/Direct promotions to the following classes of Bestway customers (which classes can be updated by Bestway from time to time on written notice):
(a) Wholesale- independent retailers;
(b) Best-one retail customers;
(c) Bargain Booze retail customers;
(d) Best-pet retail customers; and
(e) Xtra Local retail club customers.
7.1 The Supplier acknowledges that the goodwill and other rights in any patents, trade marks, trade names, copyright designs, know how or other intellectual property right used and adopted by Bestway including Bestway, Best-In, Best-One, Batleys, Xtra Local, Bargain Booze, Best-pet and any logo or symbol associated with our name vest in us and shall remain vested in Bestway.
7.2 The Supplier must not in any way use or display or make any statement or representation about any of Bestway’s proprietary marks unless authorised by Bestway in writing.
8.1 The Supplier shall keep Bestway indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Bestway as a result of or in connection with:
(a) any claim made against Bestway for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the supply or use of the Goods, to the extent that the claim is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors; and
(b) any claim made against Bestway by a third party for death, personal injury or damage to property arising out of or in connection with defects in Goods, to the extent that the defects in the Goods are attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors.
9.1 Compliance with laws. Bestway may collect information about the Supplier in order to prevent and detect fraud, money laundering and other crime. Bestway reserves the right to take any action that it is required in order to comply with any law, regulation (including guidance from regulators) or an order of the court. This includes but is not limited to bribery, corruption, money-laundering, terrorist financing or the breach of any sanctions related laws or rules including any economic, financial or trade laws or regulations enacted or enforced by any jurisdiction. Bestway reserves the right to change these Conditions from time to time in its absolute discretion in order to comply with the operation of law, regulation, guidance, a decision of the court or equivalent body or as Bestway otherwise sees fit.
9.1A ESG.
(a) The Supplier must when performing its obligations under this agreement comply with all applicable laws regarding the environment, including in relation to waste disposal, greenhouse gas (“GHG”) emissions and the handling of hazardous and toxic materials.
(b) The Supplier will, on request, submit a credible GHG emissions reduction plan to Bestway. The Supplier will provide Bestway, on request, with progress reports (in the format required by Bestway) on its implementation and operation of the GHG emissions reduction plan.
(c) On request, the Supplier will complete and submit to Bestway a report in relation to its:
(i) GHG emissions in the preceding year (including whether this reflects an increase or reduction in previously reported GHG emissions);
(ii) Water use (in metres cubed);
(iii) Volume of waste created; and
(iv) Assessment of the overall sustainability impact of the Goods, including improvements planned or delivered and any identified risks of climate change including any mitigation or continuity plans to address those risks.
(d) The Supplier shall notify Bestway immediately on becoming aware of any potential or actual adverse human rights or environmental impacts resulting from its activities or its relationships with any subcontractors, suppliers or third parties.
(e) The Supplier will include in each contract with its subcontractors and suppliers, provisions that are at least as onerous as those set out in this clause 9.1A.
9.2 Data Protection. Bestway uses personal data of the Supplier in accordance with the Bestway Privacy Policy available on www.bestwaywholesale.co.uk. The Supplier shall comply with the Bestway GDPR Compliance Statement as amended from time to time when processing personal data on behalf of Bestway, which can be found at https://www.bestwaywholesale.co.uk/data-protection-supplier
9.3 Assignment and other dealings. The Supplier may not assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights, debts, monies or obligations under these Conditions or in any Contract without the prior written consent of Bestway.
9.4 Subcontracting. The Supplier may not subcontract any or all of its rights or obligations under the Contract without the prior written consent of Bestway. If Bestway consents to any subcontracting by the Supplier, the Supplier shall remain responsible for all the acts and omissions of its subcontractors as if they were its own.
9.5 Entire agreement. Subject to clause 2.1, these Conditions and the Supplier Goods and Delivery Standards constitute the entire agreement between the parties and supersede all previous agreements.
9.6 Waiver. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy or prevent or restrict the further exercise of that or any other right or remedy.
9.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, the rest of the Contract shall be enforceable.
9.8 Third party rights. No one other than a party to this agreement and their permitted assignees shall have any right to enforce any of its terms.
Date of issue: November 2023
In this document Bestway means Bestway Wholesale Limited (registered in England and Wales with company number 01207120) or Bestway Northern Limited (registered in England and Wales with company number 02675585) both trading as Bestway Wholesale as notified by the applicable entity.
This document provides a summary of the delivery standards that Bestway requires from its supplier relationships in order to continue to meet and exceed its customers’ requirements. Bestway is an independent wholesaler operating across a variety of sectors including convenience retail, foodservice and specialist pet. Bestway is one of the largest Cash and Carry retailers in the UK, uniquely positioned to access the growing markets of convenience retailers and service providers. The full co-operation of its suppliers is essential to maintain this position and deliver growth in new business channels. Bestway also owns and operates a number of retail brands including Best-One, Bargain Booze and Best-pet, as well as a retail club scheme, Xtra Local.
Bestway monitors all suppliers to ensure they are meeting or exceeding these requirements. This performance measurement currently focuses on three key areas that adversely affect stock availability:
Bestway has a process to monitor volume variance between the quantities ordered against the quantity of product received by each site. These processes will ensure that the right product description and specification is received against the purchase order. As an initial target, it is expected that all suppliers are consistently able to achieve a fulfilment level of in excess of 98% of the ordered product volume. This figure will be calculated as a percentage of the raised PO actually delivered to each branch/depot per delivery.
Percentage difference between delivered quantity and ordered quantity | Delivery grading |
<0.5% | Excellent |
<1.0% | Good |
<2.0% | Acceptable |
>2.0% | Poor |
Any ‘overages’ (additional stock for a particular product in excess of the requested quantities) will be included in this measure, as this represents a discrepancy between the ordered and actual amounts. Similarly, any products rejected at branch or depot will also be counted against this measure.
It is appreciated that on some occasions the demand for a particular product line will outstrip supply. Providing the supply issue is communicated to the relevant category management team in excess of 24 hours before an order is due to be placed, so that a purchase order can be adjusted accordingly. In these circumstances a shortage of the relevant lines will not be included in calculation methodology.
Each supplier’s performance will be reviewed and discussed as part of the regular dialogue with the category manager. In future, it may be necessary to recover the associated costs from suppliers who consistently fail to achieve an acceptable level of supply.
As part of Bestway’s on-going supply chain improvement programme, there is a drive to reduce the lead time from placing orders with its suppliers to the product being available for purchase by its customers. This has involved a number of changes to its central distribution network and the frequency of deliveries to its depots.
As part of this drive for improvement, Bestway requires suppliers to adhere to their delivery timeslots. This assists branches in scheduling labour to receive deliveries and to quickly turnaround supplier vehicles in an efficient manner.
Bestway expects all suppliers to consistently arrive within one hour of their allocated timeslot.
Time difference between allocated delivery slot and arrival time on site | Delivery grading |
< 1 hour | Good |
> 1 hour | Poor |
As a number of branches/depots have limited access space, a delivery significantly ahead of the scheduled time can also cause significant disruption. Bestway therefore request all its suppliers to adhere to their allocated booking slot, with an early delivery (in excess of 1 hour of the booked time) being graded as poor.
Bestway understands that in extenuating circumstances it may not be possible for all suppliers to deliver stock within the window provided. In these circumstances, it is expected that the supplier will contact the relevant depot/branch manager in excess of 2 hours before the scheduled delivery is due to be made. Any late delivery notified within this timeframe will not be included in the measurement.
Bestway is also aware that at times deliveries may arrive on time, but are unable to enter the delivery location to unload, due to operational issues at the depot. In these circumstances the delivery would be classed as on time, as the supplier has met its obligations. Similarly, if a supplier delivery is held up at a Bestway site which in turn leads to it be delayed for its next Bestway delivery, the supplier will not be held accountable.
Bestway are constantly trying to improve their supply chain efficiency and will be concentrating on minimising instances when products are rejected due to non-compliance. Minimising product rejections leads to improved service for its customers and minimises wastage for suppliers.
In order to limit non-conformance issues Bestway expects that stock is delivered in a secure manner which prevents any damage occurring to the product. Each different product needs to be clearly segregated and labelled with the relevant barcode information that matches the data previously provided by the supplier. The product needs to be in a saleable state with the appropriate length of shelf life and must comply with all relevant laws and regulations.
Suppliers will be measured against every delivery made to a Bestway site. The total amount of product rejections will be calculated against the total stock delivered each week to provide a percentage of rejected products.
Percentage of rejected products versus delivered quantity by week | Delivery grading |
0 | Excellent |
<1.0% | Good |
<2.0% | Acceptable |
>2.0% | Poor |
Bestway reserves the right to refuse any delivery or part thereof, which is not deemed in a suitable condition. Once a product is rejected it is the supplier’s responsibility to arrange for the stock to be uplifted within 7 days. Any stock which has not be uplifted within 14 days of notification to the supplier, will be either sent back to the supplier or destroyed, with all associated costs being charged to the supplier
Bestway also strives to work in partnership with its suppliers, and will provide them with ample opportunity to rectify any issues at point of delivery. If the issue can be safely rectified by the driver whilst they are at a Bestway site, then they will be permitted to complete the necessary rework.
If the delivery site is willing to undertake rework to rectify the issue, then the supplier must first put in writing that they are prepared to cover the cost of the work, at a charge of £25 per man hour plus materials.
Any stock which is found on inspection to be contaminated by insect or rodent infestation, will be photographed and immediately destroyed. All the processing costs for its destruction will be recovered from the supplier.