Terms and conditions of sale
Except as otherwise specifically agreed in writing by the seller, the following Conditions of Sale shall govern this transaction;
Quotations are subject to written acceptance by the Seller on receipt of the Order from the Buyer
a) Quotations are given and orders accepted on a net cash basis.
b) Payment for the goods delivered, whether comprising the whole or a part of the order, shall be made to the seller, unless otherwise agreed, within thirty days from the end of the month in which delivery is made. If default is made in payment for any delivery on the date when it falls due, the Seller at its option shall be entitled to treat the contract as repudiated by the Buyer and to claim damages.
a) Unless the contract provides for more than one delivery, goods shall be delivered and accepted as soon as ready.
b) If the contract provides for delivery in more than one instalment, such instalments shall be accepted as specified in the contract (or as soon thereafter as the goods are ready). If no delivery dates are specified then the goods shall be accepted as soon as they are ready. In the event of failure to accept any instalment, all goods remaining undelivered shall be invoiced (payment for such goods immediately thereupon becoming due and the storage costs charged to the Buyer’s account) and the goods shall be held at the Buyer’s risk.
4. QUANTITY VARIATIONS
A shortage or surplus charge pro rata, not exceeding ten per cent, will be accepted by the buyer as due execution of any order.
5. COMPLAINTS AND CLAIMS
a) Complaints must be lodged within fourteen days from the receipt of goods. The return of goods will not be accepted unless the seller or its representative shall first have had opportunity of examining them and have agreed to their return.
b) Claims in respect of damage, short or non-delivery will not be entertained unless notified in writing to the carrier within the time limit specified by the carrier, and to the Seller within three days of the date of delivery for damage of within fourteen days from the date of invoice for short or non-delivery.
6. RETENTION OF TITLE
All goods supplied by the seller to the buyer which are at the Buyer’s premises shall remain the property of the seller until payment, and the Buyer gives the Seller the right to uplift said stock if payment is not made in full within the time stipulated by these conditions.
7. FORCE MAJEURE
The Seller shall not be under any liability for any future or delay in delivery as a result of any contingency beyond its control.
Whilst the seller will use its best endeavours to fulfil its contractual obligations, if the contract shall become impossible of performance or shall be otherwise frustrated, the Buyer shall be liable to pay the Seller all costs which it, or its sub-contractors , have incurred or for which they are liable directly or indirectly in connection with the contract at the time of frustration or impossibility of performance, provided that the Seller shall take all reasonable steps to mitigate any loss.
8. BUYER’S RESPONSIBILITY
The Buyer shall be solely responsible for any matter which the Seller prints on or applies to the goods on the instructions or at the bequest of the Buyer, and for any design or construction which the Seller executes on the instructions or at the bequest of the Buyer, whether the same shall have been supplied by the Seller or by the Buyer, and the Buyer shall indemnify the Seller against any claim in connection with any proceedings instituted by a third party arising therefrom.
9. LIMITATION OF SELLER’S LIABILITY
The Liability of the Seller is limited to the replacement of the goods or, at its option, the refunding of the price.
10. CONDITIONS AND WARRANTIES
All conditions or warranties whether express or implied, and whether arising at Common Law or by statute, as to the quality of the goods or their fitness for any purpose, are hereby excluded. In no circumstances shall the Seller be liable for the consequential loss.
The Buyer shall not reply upon any representation as to the quality of the goods, or their fitness for any purpose, or their availability for delivery, unless made in writing by the seller.
12. PROPER LAW
All contracts shall be governed and constructed in accordance with the English law and all disputes arising under such contracts shall be submitted to the exclusive jurisdiction of the English courts. The application of the Uniforms Laws on international Sales shall be excluded.
13. COST VARIATION
Prices are subject to revision in the event of any increase in costs incurred by the Seller between the date of the confirmation of order and the date of delivery to the Buyer. Should raw material prices vary by plus or minus five per cent the Seller reserves the right to renegotiate the selling prices.
14. REEL OR PALLET WEIGHTS
The goods supplied by the Seller will be on a European Net Weight basis. The weight invoiced by the Seller to the Buyer will therefore include the weight of the core or cores.
15. DIVISIBILITY CLAUSE
This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.
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