SELLERS CONDITIONS OF SALE APPLY

1. These terms and conditions of sale shall apply to and govern. Any contract between the Seller and the Buyer to the exclusion of any conditions contained on or in any order form letter, receipt acknowledgement, or the Terms and Conditions shall be effective unless expressly agreed by the Seller in writing.
2. The Supplier shall use all reasonable endeavours to complete the supply of goods within estimated time frames, but time shall not be of the essence in the performance of any supply of goods.

• These Terms and Conditions, and any Contract formed between the Seller and the Buyer, are only in the English language.

QUOTATIONS

 Quotations indicate the price at which the Seller would be willing to supply goods if a written order is placed within 30 days. Otherwise, they are not offers to supply goods and any order placed based on a quotation must be accepted in writing by the Seller for a contract to arise. Clerical errors are subject to correction.

PRICES

1. All price quotations are calculated from the costs applicable at the date of such quotation. Any increase in such costs between the date of quotation and despatch the Seller may increase the quoted price accordingly.
2. All prices are exclusive of VAT.

DELIVERY

1. Unless otherwise agreed in writing the Buyer shall be bound to accept goods ordered by him on being notified by the seller that they are ready for delivery
2. The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the goods.

• If delivery is required to be made to a residential location, then the delivery will only be made to a ground floor entrance.

1. The Supplier reserves the right to charge geographical surcharges for delivery to remote locations.
2. If the buyer fails to take delivery at the time required by the Contract the Seller shall be entitled without prejudice to any rights it may have to treat the Contract as at an end and to resell the goods, or to invoice the goods whereupon payment in full shall become due and in either case charge at rates giving an economic return for the handling and storage of goods from the invoice date to the eventual date of delivery to the Buyer or disposal elsewhere as the case may be and the Buyer shall be liable to pay any premium in respect of the insurance of such goods from the date on which he is notified that the goods are ready for delivery.
3. Without prejudice to the generality of the foregoing the Seller shall not be liable for late delivery of failure to deliver through any cause which is beyond the control of the Seller.

RISK

All Goods are at the Buyers risk from the time of delivery or collection by the Buyer or his agent, or delivery to the place stipulated in the contract.

TITLE

1. a) Goods delivered to the Buyer shall remain the property of the Seller until all sums due to the Seller from the Buyer in respect of goods or otherwise are paid to the Seller. In the event of any default by the Buyer in payment of any such sum the Seller shall be entitled to retain possession of the goods.
2. b) Where payment is affected by cheque the Seller shall not have received payment until that cheque has been honoured and the amount credited to the Seller’s bank account.
3. c) Until sums due from the Buyer to the Seller have been paid or until resale in accordance with sub-paragraph d) of this clause the customer will keep and mark the goods in such a way as to show they are property of the Seller and shall hold the same as bailee of the Buyer.
4. d) The Buyer shall be entitled as agent of the Seller before the property and the goods have passed (but subject to any lien or right of retention on the part of the Seller).

(i) To resell the goods or any part thereof but shall pay to the Seller the proceeds of the sale or such part thereof as maybe necessary to pay all sums due to the Seller from the Seller and until such payment should hold proceeds from the sale on trust for the Seller

(ii) To use the goods in the ordinary course of his business.

LAW

Any agreement incorporating these Conditions shall be governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English courts.

PAYMENT

All sums due to the seller shall be paid at the point the Contract is formed.

Time of payment would be the essence of contract. Where the buyer is in default, the seller reserves the right to:

1. Suspend delivery under all or any contracts with the buyer.
2. Charge 5% over and above the base rate of Bank of England on all outstanding invoices from the date when payment becomes due until the date on which the payment is made in full.

LIMITATION OF LIABILITY

Under no circumstances the entire liability of the supplier exceeds and is limited to the price paid by the customer to the supplier for the goods in respect of which the claim relates. Furthermore, the supplier is not liable to the customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable, or the Supplier had been made aware of the possibility of the Customer incurring such a loss.

TERMINATION

The Seller shall have the right immediately terminate the contract at any time upon occurrence of any of the following events.

1. If the Buyer commits any act of bankruptcy or compounds or makes arrangements with his creditors or executes a bill of sale on his goods or any of them or if any execution or distress is levied upon the goods of the Buyer
2. If the Buyer being a company is wound up either compulsory or voluntarily or a receiver of its assets is appointed.

• If the Buyer commits any breach of contract.

Upon any such termination the Seller shall have the right to be paid the price of goods manufactured or sold prior to the date of termination and the Buyer shall take over and pay for at the current price such materials as have been allocated by the seller to the contract.

CONSEQUENTIAL LOSS

Without prejudice to the generality of the foregoing provisions the Seller shall not in any event be liable to the Buyer for any indirect or consequential loss or damage.

FORCE MAJEURE

The Seller shall not be liable for failing to perform the contract whether wholly or partly by any circumstance or where circumstances are outside the Sellers control.

SEVERABILITY

If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, by any court of competent jurisdiction, the unenforceable portion shall be deemed to be severed from these Terms and Conditions, and the remainder of the terms shall be enforceable in full as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

QUANTITY

The Seller cannot guarantee exact quantities in respect of any goods supplied and shall be deemed to have fulfilled its obligations under the contract by delivery or manufacture of a quantity plus or minus 10% of the quantity specified in the contract and the buyer shall pay the contract rate for the actual quantity delivered.

DIMENSIONS AND GAUGE

Except where agreed in writing the Seller shall be deemed to have fulfilled its obligations under the contract by producing goods within the tolerances laid down by the Packaging and Industrial Films Association (P.I.F.A.). In general sizes will be controlled to within plus or minus 3% and film gauge to within plus or minus 10%. Corrugated cartons are subject to a manufacturer’s tolerance of plus or minus 3-5mm on the creases.