Terms Of Business

Terms Of Business

Terms & Conditions of Sale
 
1.       ORDERS / TERMS AGREED

1.1     Our sales are subject to these Conditions which override any customer or third party terms and 
          conditions.

1.2     Orders can only be cancelled or varied by the customer if production has not begun and 
          subject to the customer paying an administration fee of £50 and reimbursing us for any costs 
          incurred due to cancellation/variation.
 

2.       ARTWORK / CUSTOMER MATERIALS
 
2.1     The customer is responsible for checking all proofs/artwork (including accuracy and layout)    
          specifications and for approving such items within the timeframes required by us to meet
          production/delivery deadlines. N.B. Colour proofs are not to be used for colour matches.

2.2     Where the customer uses third party agencies it is implied that such agencies have authority to
          deal with us direct and to give approvals and to bind the customer.

2.3     The customer warrants that fulfillment of the order will not infringe any intellectual property rights
          (including copyright) and will indemnify us and our agents against all costs and expenses
          incurred in any such infringement.

2.4     Artwork and plates supplied by us remain our property unless paid for in full.
          Customers requesting the return of artwork/plates will be charged the difference between the
          contribution paid as invoiced and the total cost of artwork/plates plus a £35 fee to cover
          administration/storage/carriage.                 

2.5     Customer property is supplied by or on behalf of the customer at the customer's risk and we
          cannot be held liable for any loss or damage.
 

3.       TOLERANCES / SAMPLES
 
 
3.1     Products meet current industry standards. Size, gauge, print position and print quality are subject to
          tolerances within +/- 10%. On orders of machine made karft paper and Polythene carrier bags
          tolerances of +/- 20% for orders under 5000 bags and +/- 10% for orders over 5000 bags. The
          actual quantity delivered will be the quantity invoiced. Colour (ink and film) may vary within industry
          tolerances.

3.2     Every effort will be made to supply products of the quality of samples submitted/quoted for but  
          exact matches to samples or previous orders CANNOT be guaranteed.
 

4.       PRICES

4.1     Prices are quoted ex VAT and any applicable government levy which the customer will be
          charged.
         
4.2     We reserve the right to vary our prices before or after acceptance to meet:

• Any additional costs resulting from customer variations to orders/customers requiring expedited delivery/failing to advise delivery requirements/delay in approving proofs/specifications.
• Any rise in costs of production/materials.    
   

5.       PAYMENT

5.1     Our terms are strictly Pro forma payment in full, without any deductions/setoff/liens. Most                             debit/credit cards are accepted subject to a 2.5% surcharge.

5.2     With late payment, we reserve the right to:

• Charge interest at a rate of 8% from the due date and recover court fees and reasonable costs.
• Take payment without prior notice from a debit credit card given at time of order or previous orders plus 2.5% charge.  

5.3     With installment deliveries, we are entitled to invoice each installment on delivery and payment is
          due not with standing non-delivery of other installments. Default by the customer in paying
          installments will cause the whole balance of the order to be payable.
 

6.       DELIVERY

6.1     Delivery times are approximate and start from approval of proofs and all order details. We reserve
          the right to deliver in installments if it is more practical to do so and failure to deliver one installment
          does not give rise to a right to reject other deliveries.            

6.2     The customer is responsible for:

• Giving clear delivery instructions for taking delivery (times and restrictions) / unloading as required by health and safety/carriers (failure to do so may result in extra charges).
• Checking goods on delivery for shortfall/damage and signing for them as damaged or not checked if it is impractical to check them.
• Notifying us immediately of any non-delivery or obvious shortfall/damage on delivery.
   

6.3     We will not be liable for the acts or omissions of any couriers / carriers. (The contracted job of all
          carriers is only to deliver to the door and they cannot leave their vehicle unattended).
 

7.       RISK / PROPERTY

7.1     Risk on all goods passes on delivery.

7.2     With non-branded / non-personalised goods, title to the goods will not pass until all sums due to  us
          from the customer are paid in cleared funds.
 

8.      COMPLAINTS / LIABILITY

8.1    Complaints will not be entertained unless:

• Notified to us in accordance with 6.2 (delivery) and for other claims, in writing within 14 days of delivery.
• Goods are signed for as damaged/shortfall or, if not checked, as condition not checked.

• Substantiated including by producing damaged/faulty samples and allowing our representatives to visit to check goods.

8.2   If a claim is validly made and substantiated then we will replace the goods supplied or, at our sole
        discretion, give a credit towards the price of the goods. The customer must make the goods available
        for collection if we so require.

8.3   Subject to 8.2 and in view of the personalised nature of goods, the customer is not entitled to      
        reject / return goods and delivery of such goods to us will not be deemed to be acceptance of a 
        claim and we will hold the customer liable for the costs of return in addition to other sums due.
        Rejected goods will be at our disposal as we think fit.

8.4   All warranties and conditions implied by statute as to quality and fitness for purpose are excluded  to
        the fullest extent permitted by law and no presentation is made in respect of manufacture of goods.

8.5   Under no circumstances will we be liable to the customer or any third party for any indirect or 
        consequential loss or damage (whether loss of profit or otherwise) arising from or as a result of our
        supply, delay in supplying or failure to supply goods or for any other reason whatsoever. Our
        maximum liability is limited to the price quoted or, if invoiced, invoiced for the particular goods to
        which the claim relates.

8.6   Supplies by us are subject to, and we are not liable for, causes beyond our reasonable control
        e.g. acts of God, war, inability to secure materials.
 

9.     GENERAL

9.1   English law will apply to all of our sales and the customer agrees to the exclusive jurisdiction 
        of the English courts.

9.2   If one part of these Conditions were found to be invalid / unenforceable it will not affect the validity
        of the remainder.

9.3   The customer is not entitled to assign the benefit of this supply contract to any third party without
        our consent.

10.   Please call our sales team on 02380 671685 or email  info@printandpackaging.co.uk