Purchase terms for a restaurant buying from suppliers

A restaurant buys from many suppliers on standing orders, phone calls and an app, and every delivery is a food safety decision made at the back door before service. Purchase terms have to make the restaurant's terms govern the supply, fix food safety and traceability requirements, allow rejection on delivery, keep allergen information flowing, control price changes and substitutions, and set the credit terms the restaurant needs. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Restaurants, cafés, pubs, hotels and hospitality groups in England and Wales buying food, drink, consumables and equipment from wholesalers, producers and distributors on account, by standing order, phone, email and ordering platforms. These are business-to-business terms for the buyer's side.

What matters in a restaurant's purchase terms

Your terms, standing orders and platforms

The terms should say that all orders, however placed, are on the restaurant's terms and that the supplier's terms are excluded, that standing orders continue until changed with a stated notice, and that orders placed through a supplier's app or platform are subject to the restaurant's terms rather than the platform's. A supplier account form that accepts the supplier's terms undoes this, so the account paperwork has to reference the restaurant's terms.

Food safety, traceability and allergens

The terms should require the supplier to be registered under the Food Safety and Hygiene (England) Regulations 2013 and to hold the certifications the restaurant requires, to provide the traceability information article 18 of the assimilated Regulation (EC) No 178/2002 obliges it to keep, to deliver at the temperatures Schedule 4 to the 2013 Regulations requires with records available, and to provide accurate allergen and ingredient information for every product under the Food Information Regulations 2014 and notify changes before delivery. The restaurant relies on that information for what it tells its customers, and the terms should say the supplier is responsible for its accuracy.

Delivery, rejection at the door and shortages

Deliveries should be within the stated windows, and the terms should give the restaurant the right to reject goods on delivery that are out of temperature, damaged, short-dated, not as ordered or otherwise non-conforming, with a credit and no obligation to pay for rejected goods, and to notify shortages and hidden defects within a stated period after. Section 14 of the Sale of Goods Act 1979 implies quality and fitness, and the terms should say that a delivery note signed at the door is not acceptance of unchecked goods.

Prices, substitutions and changes

Prices should be those on the agreed price list or quoted at order, with changes only on stated notice and no surcharges, and the terms should say that substitutions are made only with the restaurant's agreement, at no more than the ordered item's price, and that the restaurant may refuse a substitution. Market-priced items such as fish should be identified with the price confirmed before delivery.

Credit terms, payment and the supplier's obligations

Payment is on the restaurant's stated terms from a correct invoice, with the right to withhold disputed amounts and to set off credits due, and the Late Payment of Commercial Debts (Interest) Act 1998 allows the parties to agree the period provided it is not grossly unfair. The terms should require the supplier's staff to follow the restaurant's site rules on delivery, require insurance, allow the restaurant to end the arrangement on notice, and require compliance with the Bribery Act 2010.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A delivery of chicken arrived out of temperature and we refused it. The supplier is still invoicing. Do we pay?

If the terms give a right to reject goods out of temperature on delivery with no obligation to pay for rejected goods, no. Record the temperature and the rejection on the delivery note.

The supplier put its prices up without telling us. Are we bound?

If the terms say prices change only on stated notice, no. Pay at the previous price and point to the terms; the supplier's own terms do not apply if yours governed the account.

A supplier changed a product's ingredients and a customer with an allergy reacted. Who is responsible?

The restaurant is responsible to its customer for the allergen information it gives, and the terms make the supplier responsible to the restaurant for notifying changes before delivery, which is the basis for recovering the loss.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a food producer selling online
• Purchase terms for a retailer buying stock

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.