Terms & Conditions
CONDITIONS OF SALE
By ordering any goods from the Seller. the Buyer will be deemed to accept that these Conditions take precedence over any offer conditions contained on or in any letter, order form,
acceptance form. receipt or the like received by the Seller in connection with the goods so ordered and that no such other conditions will form part of the contract between the Seller and the Buyer, unless specifically agreed in writing.
1 Paper and Board Trade Customs
Except where inconsistent with these Conditions or with the express terms of any contract between the Seller and the Buyer the
Paper and Board Trade Customs for the time being are in force. which are obtainable for the National Association of Paper Merchants, shall apply to all contracts between the Seller and the Buyer.
All quotations and tenders are given by the Seller on condition that the Seller shall not be bound until it has communicated its written acceptance of the Buyer's order.
3 Cost Variation
- a) Except where a price is stated to be fixed by the Seller. on its written acceptance of the Buyer's order any price quoted by the Seller or comprised in the order or contract is provisional only and the actual price to be paid by the Buyer shall be the Sellers price ruling at the date of despatch.
- b) All prices quoted or accepted are exclusive of Value Added Tax and the contract price shall be such prices plus VAT.
Goods invoiced up to and including the last day of a calendar month shall be paid for not later than the last business day of the following month and time shall be of the essence.
If terms of payment are not complied with the Seller shall have the right to charge interest at the rate of 1.5% for every month or part of a month between the due date of payment
and the final settlement.
5 Buyer's Default and Remedies
- a) If any of the events specified in sub-clause 5(b) below occurs. the Seller may (without prejudice to any other rights against the Buyer), by giving the Buyer written notice:
- i) treat the unpaid purchase price of all Goods delivered by the Seller to the Buyer as being immediately due and payable, and/or
- ii) suspend delivery of any such Goods ordered by the Buyer. and/or
iii) treat any or all contracts. between the Buyer and the Seller as being repudiated and claim damages (including, without limitation, the right to sue for the price of any undelivered Goods specifically manufactured for the Buyer).
- b) The Seller's rights under Clause 5(a) arise:
- i) if the Buyer fails to pay any amount when it is due under any contract with the Seller; or
- ii) if the Buyer is in breach of any contract between the Buyer and the Seller. or
iii) if the Buyer passes a resolution or has a petition presented for its winding-up or the making of an administration or against it, or has a receiver appointed over the whole or any part of its assets or being an individual) has a bankruptcy order presented against him (or suffers any proceedings under the law of any jurisdiction in which it or he is resident) or enters into any
composition or arrangement with its creditors.
6 Description of Goods
All descriptions and illustrations contained in any catalogues. price lists, advertising matter and other literature of the Seller are intended merely to present a general idea of the Goods described therein and none of them shall form a part of the contract.
- a) If no time for delivery is specific in the contract, the Buyer shall be bound to accept the Goods when they are ready for delivery by the Seller and time shall not be of the essence so far as the
delivery dates as mentioned by the Seller are concerned and the Buyer shall not be entitled to refuse to accept Goods because of late delivery.
- b) The risk in Goods shall pass to the Buyer when the Goods are delivered to the Buyer. or in accordance with his instruction. Any complaint of short delivery or of damaged Goods in transit must be notified within 24 hours of receipt of Goods and confirmed in writing at that time by the Buyer to the Seller and any complaint of failure to deliver Goods invoiced must be so notified within 10 days of the date of the invoice.
- c) Each delivery will constitute a separate contract and any failure or defect in any one delivery will not vitiate the contract as to the remaining deliveries.
- d) Any time or date for delivery named by the Seller is an estimate only and the Seller shall not accept liability for any loss or damage or any consequential loss arising directly or indirectly from delay in delivery however caused.
- e) The Buyer shall take delivery of the Goods tendered not withstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that such discrepancy in quantity shall not exceed 10
8 Disposal before payment
If the Goods or any part thereof. whether or not incorporated into other products or used as material for other products. are resold by the Buyer before he has made full payment to the Seller as aforesaid, the Buyer shall hold upon trust for the Seller in respect of the Goods provided that if the Buyer has not received the proceeds of such resale in full the Seller shall be subrogated (with out the need for further documentation) to the Buyer's rights against its customer to the extent of any balance still remaining due to the Seller in respect of the Goods.
Nothing contained herein shall affect any other rights to the Seller may have against the Buyer's customer.
- a) The Seller warrants that the Goods are of satisfactory quality and that they comply with any description or specification supplied by the Seller.
- b) The Seller gives no warranty that the Goods are suitable for any particular purpose or for use under any specific conditions
unless the Buyer has given full details of the purpose or conditions and the Seller has expressly warranted the Goods suitability in writing.
- c) Save as stated, the Seller accepts all liability under any warranty express or implied, statutory or otherwise.
- d) If the Buyer alleges any Goods fail to comply with the warranty given, it shall return the Goods to the Seller which after it has had a reasonable time to investigate and examine the Goods, may i i) replace the Goods; or
- ii) accept the return of the Goods and credit the Buyer with the purchase price; or
iii) make the Buyer an allowance representing the difference between the value of the Goods at the time of title complaint by the Buyer and the value they would have had if they had been in accor- dance with the contract, providing the Buyer pays the balance not in dispute according to normal terms.
- e) Goods shall not be returned without prior agreement between the Buyer and the Seller. No claim can be entertained after the Goods or any part thereof have been processed in any way.
10 Limitation of the Seller's liability
- a) Except as otherwise expressly mentioned in these Conditions, the Seller shall have no liability of any kind to the Buyer in respect of any loss or damage (direct or indirect or consequential)
suffered by the Buyer whether in contract or negligence or otherwise howsoever, other than for death or personal injury to the extent that it has caused by the negligence of the Seller,
its employees or agents and in any event the Seller's liability shall be limited to the price of the Goods.
- b) No forbearance or indulgence by the Seller whether in respect of these Conditions or otherwise shall in any way affect or prejudice the right of the Seller against the Buyer or be taken as a waiver of any of these Conditions.
- c) Any technical advice willful is furnished to the Buyer without charge in regard to the use of the Goods is furnished on the basis
that it represents the Seller's best judgement on the basis of the Buyer's explanation of his needs and the machinery to be used but the Goods are to be used at the Buyers risk.
11 Force majeure, etc.
The performance of all contracts is subject to variation or cancellation by the Seller owing to any act of God, war, strikes.
Government regulations or orders, national emergencies, lock-outs, fire, flood, droughts, tempest or any other cause (whether or not of a like nature) beyond the control of the Seller or owing to any inability by the Seller to procure materials or articles required for the performance of the contract and the Seller shall not be held responsible for any inability to deliver caused by
any such contingency.
The Seller may cancel this contract at any time before the Goods are delivered by giving written notice.
On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price.
The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
The Seller is under no obligation to collect or accept the return of any unwanted pallets.
14 Governing Law
Title Law of England shall govern the validity construction and performance of any contract to which these Conditions apply and the parties shall submit to the Jurisdiction of the courts of England and Wales
15 Data Protection Act 1998
By accepting these conditions, the Buyer acknowledges that the Seller has advised the Buyer that the Seller may keep personal
information about the Buyer on computer or in manual records for accounts and credit reference purposes.
The Seller may also disclose that data to credit reference agencies and other organizations.