All quotations are made and all orders are accepted subject to the following conditions, which shall form part of and govern the contract of sale. Packlyn Ltd are hereinafter referred to as “the Company”. Words importing the masculine gender only in the said conditions include the feminine gender and words importing the singular number only include the plural number and vice versa and where there are two or more persons, firms or corporations, included in the expression “Buyer”, the said conditions shall be deemed to be binding upon such persons, firms or corporations jointly and separately. Unless otherwise agreed in writing by the Company these conditions shall override any terms or conditions.
1.TERMS OF PAYMENT
Payment is always required in advance, except where expressly agreed in writing. Payment is required prior to commencement of work and during production. Any deviation to this must be agreed at the time of order in writing and agreed by all parties. Late payments are breach of contract and any waiver we may make, we do not prejudice our right to breach of contract.
The legal title in the goods supplied shall remain with the Company until payment has been received in full in respect of all monies due to the Company under the Contract. Without prejudice to all other rights of the Company as an unpaid seller, until such time as the Company shall have received full payment from the Buyer, the Company is irrevocably authorised by the Buyer without notice to enter the premises of the Buyer for the purpose of collecting and removing any of the Company’s goods there from at the Buyer’s expense.
The Company cannot guarantee exact quantities and the Company shall be deemed to have fulfilled its contract by delivery of a quantity of plus or minus 10% of the quantity delivered and the Buyer shall pay at contract rate for the actual quantities.
All quotations are made and orders are accepted subject to availability of raw materials, and subject also to normal manufacturing tolerances as to width, length, thickness, descriptions, print registration and colour dimensions being measured overall.
5. TRADE DESCRIPTION
Reference is made to relevant Trade Descriptions Acts in that all descriptions on quotation forms, advice notes and contents labels regarding quantities, sizes and gauges are normal. Errors and Omissions Excepted.
The prices are subject to change and the actual prices to be paid shall be those ruling at the date of despatch. An order is only accepted at the point of sending out by the company a confirmation order in official format. Order values, costs and damages are underwritten by personal guarantee of the buyer & or the buyers Company Directors and principles, joint and several liability.
Goods will be delivered as soon as they are ready and time shall not be deemed the essence of the contract so far as concerns delivery of the goods The Company shall not by reason of agreeing to deliver by a specific date be deemed to have waived the benefit of this condition. An order is only accepted at the point of sending out by the company a confirmation order in official format, which is then subject to factory approval. Delivery dates are estimates from the date of artwork proof approval, payment and completion of required paperwork and the Company cannot be held responsible or liable for events outside it's control resulting in delivery delays of any period.
8. LOSS OR DAMAGE
The Company does not accept liability or responsibility for any loss or damage whether direct or indirect or consequential loss for any reason and any claims are restricted to the value of the products being supplied.
Any particulars or instructions to be supplied by the Buyer before the Company can proceed with or complete a contract must be furnished within a reasonable time to enable the Company to deliver the goods within the time specified. An order is only accepted at the point of sending out by the company a ‘confirmation order’ in official format, and is then subject to factory approval.
10. PRINTED GOODS
In the case of printed goods the Company will not accept liability or responsibility for any errors in proofs which have been passed by the Buyer and any charges incurred by the Company in the preparation of all special tools, sketches, printing blocks etc. shall be charged extra. Buyers property is accepted used in processing or processed and stored, entirely at Buyer’s risk and the Company does not accept liability or responsibility for loss or damage to such property whether direct or indirect or consequential arising from any cause. We are not able to return buyers print origination and if it is possible will be at the method, risk and cost of the buyer. If the company pays these costs it is to expedite the customers request and are recoverable from the buyer.
11. PROOF APPROVAL
If the design is not approved and returned within 30 days of submission, the contract is cancelled at the sellers option and all costs and losses will be payable by the buyer, to the company. Delivery dates are estimates from the date of proof approval. First proof is free, subsequent proofs cost £50 each + Vat. Match print proofs cost £140.00 + Vat.
12. DEFAULT IN PAYMENT
13. INTEREST & COSTS ON UNPAID & LATE PAID ACCOUNTS
In the event of the Buyer failing to make payment of any invoice in accordance with terms, and or In the event of breach of contract by the buyer the whole contract value becomes due and payable immediately in full. Without prejudice to any other rights of the Company, the Buyer shall be liable to pay the Company interest at 3% per month and storage at £1.00 per box per month, charged daily. Delivery and payment recovery will also be charged on these accounts. If we do not charge costs of any type at anytime we do not prejudice our right to start charging any costs, interest storage and delivery from the date of the original invoice until payment. Order values and costs are underwritten by personal guarantee of the buyer & or the buyers Directors and principles, joint and several liability.
If the company stores products on behalf of a buyer, The company will store the goods it is not implicit the goods are suitable for storage for any length of time, nor the conditions of storage are idea for the products. It is the buyers responsibility to establish storage conditions are suitable. Storage is entirely at the buyers risk. Products we supply and store, deteriorate over time at different rates according to the product and it is the buyers responsibility to ensure thier products will remain useful to their satisfaction for the duration of the time they in store. No commitment is made or implied by the company as to the goods shelf life, unless it is in writing from the company. Storage costs become payable if accounts are not paid on time. During storage the goods are not insured by the Company and it is the Buyers responsibility to insure the products.
OOrder values and costs are underwritten by personal guarantee of the buyer & or the buyers Company Directors and principles, joint and several liability.
The Buyer’s attention is drawn to the Company’s general statement on the use of the Company’s products as required by the Health and Safety at Work Act 1974. Where the goods consist of containers, wrappers or other articles intended for use in connection with any food, drug or other substance the Buyer shall satisfy himself that such food, articles or other substance is not or is not likely to be adversely affected by any material used by the Company in the manufacture or printing of such containers, wrappers or other articles and the Company shall not be liable to the Buyer or any Third Party in respect of any claim alleging that such food, drug or substance has been adversely affected. Order values and costs are underwritten by personal guarantee of the buyer & or the buyers Company Directors and principles, joint and several liability.
The suitability of the Company’s products for packing any particular commodity must be at the Buyer’s risk and no warranty or condition is given or shall be implied that the goods supplied are suitable in size, shape, capacity, quality or otherwise for the purpose for which the goods are being bought.
17. NOTIFICATION OF COMPLAINTS
No responsibility will be accepted in respect of non-delivery of goods unless the buyer notifies the Company within fourteen days of dispatch. Damage or shortage must be noted on the Carrier’s Delivery Sheets and notifications sent to the Company within three days of delivery. Except as aforesaid no claim of any kind will be accepted unless the claim is received by the Company in writing within fourteen days from date of invoice.
The Buyer is advised in his own interest to examine the goods before further manufacture as the Company accepts no claim or liability for work carried out, or material, which has been cut, printed or otherwise fabricated or processed.
19. CONSEQUENTIAL LOSS
In no circumstances shall the Company’s liability for consequential losses or otherwise exceed the invoice value of the goods supplied by the Company. Complaints in respect of alleged faulty goods or delays shall not be ground for withholding payment by the Buyer of any sum due and payable by turn and shall not give any right of set off against payment due from the Buyer to the Company. In the event of a claim against the Company in respect of faulty goods the Company’s liability shall in any event be limited and shall be only in respect of any goods actually defective. No complaint as to the quality of goods supplied can be considered unless made within fourteen days of receipt of goods and accompanied by the control label attached to the goods in question.
Prices are always ex-works. Where prices are quoted carriage paid and the Company is instructed by the Buyer to send the goods by other special transport, any increase in such cost compared with the Company’s preferred economic mode of delivery will be charged to the Buyer.
In the event of the ruling by HM Custom & Excise Commissioners or the Inland Revenue that goods forming part of his contract has been placed or after the goods have been delivered are subject to V.A.T. at a rate differing from that charged, the Company reserves the right to charge the Buyer with the additional V.A.T. which becomes payable by subsequent invoice and the Buyer shall pay such V.A.T. to the Company within seven days of written notification.
Where any goods are sold by the Company with references to a sample the Company shall take all steps deemed necessary (by the Company) to procure compliance with the sample but no guarantee is ever given that samples can be matched. Wet Proofs cost £180 each + Vat.
Once a signed order has been received cancellation of the order by the buyer will incur costs which will be advised, but will include work done and costs incurred and damages, which will become due and payable by the buyer immediately. The Company will have no obligation to reinstate the order and if it does charges will be made to the buyer for costs relating to the extra work and costs incurred.
The Buyer shall by written notice within fourteen days of delivery of the said goods particularise to the Company any marked material variation in the said goods from the specification contained in the Company’s acknowledgement of order form by virtue whereof the Buyer wishes to reject the delivery of the said goods in whole or in part. In default of such notification within the aforesaid period of fourteen days, the Buyer shall be deemed to have accepted the said goods. If the Buyer intimates that he rejects the said goods and such rejection shall afterwards become ineffectual by reason of the Buyer dealing with or purporting to deal with the said goods as owner or by reason of any other conduct on the part of the Buyer inconsistent with such rejections the Buyer shall be bound to pay the purchase money therefore in full and shall have no claim to damages or compensation by reason of nonconformity of the said goods with the contract. Order values and costs are underwritten by the buyer & or his Directors and principles, joint and several liability.
25. Terms subject to change without notice and published on our website: www.packlyn.com.