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Terms & Conditions
The following Standard Conditions of Sale
shall govern the transaction except as otherwise specifically
agreed in writing between the buyer and the seller.
| 1. |
DEFINITIONS: Where any reference
is made to a person or person(s), this is also accepted
as including limited companies, public limited companies, sole
traders, partnerships, individuals, corporate bodies, etc. |
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The
Buyer |
- the person or
person(s), that has ordered or requested the goods. |
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The Seller |
- BCP Fluted Packaging Ltd. |
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The Goods |
- the goods, material or products,
that have been manufactured, produced, or made available for
supply, by the seller. |
| 2. |
QUOTATIONS/ORDERS: |
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a. |
Quotations
are subject to confirmation (including price confirmation),on
the receipt of an order. |
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b. |
Once
an order has been accepted by the seller, from the buyer, this
then forms a contract subject to price ruling at the date of
despatch. |
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c. |
All
prices quoted are accepted as excluding Value Added Tax and any
other form of Tax that may apply. The contract price
shall be such prices, as agreed between the buyer and seller,
plus VAT and any other form of Tax as applicable. |
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d. |
The
seller’s Terms and Conditions of Sale are applicable to
each contract of sale and cannot be superseded by the buyer’s
Conditions of Purchase. |
| 3. |
TERMS: |
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a. |
Full
payment is due by the 30th day from the end of the month of invoice
(the invoice due date). |
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b. |
If
the buyer fails to make full payment by the 30th day from the
end of the month of invoice, then the seller reserves the right
to charge interest at the rate of 4% above base rate, per annum,
chargeable at a daily rate, for each calendar day the outstanding
payment is late or withheld, regardless of the reason. |
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c. |
The
seller reserves the right to charge £20.00 for any
payment returned by it’s bank, regardless of reason. |
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d. |
Unless
otherwise agreed between the seller and the buyer, and in normal
working practices, an invoice will be raised for each delivery
of goods made. Supplementary and additional invoices may
be raised from time to time at the sellers discretion. |
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e. |
Contracts,
once accepted, cannot be cancelled except by mutual agreement,
and then only on the terms which will fully indemnify the seller. |
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f. |
Where
contracts involve, and are made up of, more than one delivery
of goods, and default is made in payment for any one invoice
by the invoice due date, the seller reserves the right
to treat the contract as being repudiated, by the buyer, and
to claim damages accordingly. |
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g. |
The
buyer is not entitled to withhold payment for any reason, for
an invoice once that invoice has become due for payment (see
Clause 3.a.). Nor, may the buyer be entitled to set-off
any invoice amount that is due for payment against any outstanding
claim, dispute, complaint, or for any other reason, including
circumstances whereby the seller may owe the buyer money. |
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h. |
The
buyer gives it's authorisation, at all times, and in all cases,
for the seller, as it deems necessary, to obtain information
or data, from any person, bureau, or business body, to be used
for the purposes of Financial Risk Assessment. It is acknowledged
that these details, may, and can include personal, business and
company information. (These details, will strictly be used,
only by the seller, and for the purposes of Financial Risk Assessments,
Credit Rating, and Credit Limits only). |
| 4. |
RISK AND TITLE
OF GOODS: |
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Any risk passes to the buyer
of the goods on their delivery. The title of the goods
will only pass to the buyer once the buyer has paid for them
in full - including any charges for Vat and any other form of
Tax due. Until the title of goods is passed to the buyer,
the buyer shall store and/or easily identify the goods in such
a way, as being easily identifiable and as belonging to the seller. |
| 5. |
DELIVERY: |
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a. |
Where
contracts provide for a delivery of goods without specifying
a date, then the goods will be delivered as soon as they are
ready, and is reasonably possible. |
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b. |
Each
delivery of goods shall constitute part completion of the contract. Any
failure or defect in any one delivery shall not invalidate the
completion of the contract for any remaining deliveries. |
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c. |
The
seller reserves the right to have the option of revising the
delivery date(s) prior to manufacture, if circumstances beyond
the seller’s control, prevent the seller keeping to the
originally agreed delivery date(s). The liability of the
seller for failure to comply with the agreed delivery date(s),
as varied where necessary in accordance with this sub-clause,
shall be limited to the reimbursement to the buyer of the actual
loss incurred, but in no case, shall exceed the total value of
the goods which are the subject of the contract. |
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d. |
Once
the goods have been accepted on delivery, the goods then become
the buyer’s responsibility. |
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e. |
Where
goods are not accepted on delivery, the seller reserves the right
to charge the buyer for any charges incurred for the return(s)
of the said goods, unless it has been previously agreed between
the seller and the buyer. |
| 6. |
QUANTITY VARIATIONS: |
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A shortage or surplus charge
pro-rata not exceeding 10% will be considered as due execution
of any order. Where an order/contract provides for delivery
by instalments, then for the purpose of this clause, these instalments
shall be aggregated. |
| 7. |
CUSTOMER REQUIREMENTS
- PRINTING AND CONSTRUCTION: |
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Alterations from any original
copy on and after the first proof, including alterations in style
of construction, will be charged as an extra cost from the seller
to the buyer. Proofs of all work may be submitted for the
buyer’s approval and no responsibility will be accepted,
by the seller, for any errors in proofs which may have been passed
by the buyer. The buyer shall be solely responsible for
any matter which the seller prints on the goods, on the instructions
or the request of the buyer, for any design or construction which
the seller executes on the instructions, or at the request of
the buyer - whether the same have been supplied by the seller
or by the buyer. The buyer will be solely responsible for
any claim or proceedings made or brought by a third party arising
therefrom. |
| 8. |
CLAIMS: |
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All claims and/or complaints
will only be considered by the seller if given and supported
in writing to the seller, within 14 days from the date the goods
were delivered. If the complaint or claim is related to
the transport of the goods, then the time limit will be amended
to allow the seller to comply with the time limit and procedure
of the relevant transportation carriers, by which the goods were
transported. This could, in some circumstances, be less
than 14 days, and it is as such, the buyer’s responsibility,
to ensure that they clarify any relevant time limits for claims
and/or complaints. Any claims or complaints received outside
the time limits of this clause, will only be considered strictly
at the discretion of the seller. Claim’s or complaint’s
that may involve the return of the goods, will not be accepted
by the seller, unless the seller or his representative, has first
had the opportunity of examining the goods, before being returned. |
| 9. |
COST VARIATION: |
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The contract price is subject
to revision, at the seller’s discretion, in the event of
any increase or decrease in costs outside the seller’s
control, that are incurred between the date of confirmation of
order and the date of delivery to the buyer. In normal working
practices, each contract/quotation is priced to include the cost
of one delivery. The seller therefore reserves the right,
unless otherwise agreed at the time of quotation/contract, to
raise supplementary invoices for each additional delivery made. |
| 10. |
BUYER’S PROPERTY: |
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Buyer’s property, when
supplied, will be held by the seller at the buyer’s own
risk. Every care will be taken to both secure the property,
and ensure the best results, where materials are supplied by
the buyer. Responsibility will not be accepted by
the seller, for imperfect work caused by defects in unsuitable
materials supplied. |
| 11. |
FORCE MAJEURE,
ETC: |
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The performance and delivery
of all contracts is subject to variation or cancellation by the
seller due to any act of god, war, strikes, lock-outs, fire,
flood, drought, tempest or any other cause beyond the control
of the seller. If there is any inability by the seller
to procure materials or articles required for the performance
of the contract, then the seller shall not be held responsible
for any inability to deliver due to the cause of any such contingency. |
| 12. |
LIMITATION OF SELLERS
LIABILITY: |
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The liability of the seller,
in all cases, and for all reasons, is limited to the replacement
of the goods, or at it’s discretion, the refunding of the
contract price. |
| 13. |
CONDITIONS AND WARRANTIES: |
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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 purposes are hereby excluded. In no circumstances
shall the seller be liable for the consequent loss. |
| 14. |
MATERIAL: |
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Whilst every endeavour will
be made to supply material in accordance to the quality of samples
submitted or quoted for, the contract is not a contract of sale
by sample. |
| 15. |
REPRESENTATIONS: |
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The buyer shall not rely 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. |
| 16. |
COPYRIGHT/PATENT: |
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The seller will accept no liability
for any breach of copyright, or patent, for reproducing a design(s)
from the buyers specification. The buyer will be solely responsible,
and will fully indemnify the seller for any claim or proceedings
brought from any party arising therefrom. |
| 17. |
LEGAL: |
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Where any legal proceedings
or tribunals are sought, or passed, by either the seller or the
buyer, then all proceedings will be held in the Courts of Great
Britain, and will be goverened by English Law. |
| 18. |
CONDITIONS: |
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The seller reserves the right,
from time to time, to amend it’s terms and conditions
of sale (either verbally or in writing, without prior notice
or amendment). |
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