Cheques will be accepted only if they are available to be offered. If the purchaser will not or cannot offer a cheque or pay by BACS then only cash will be acceptable.
9.1 The order will be accepted as a personal liability commitment of the owner/s or chairman, even if ordered by an employee of the business.
9.2 If payment is not made by the due date the Company may in addition to any other remedy available to it, enforce the following -
9.3 Interest charges on any sums outstanding owed to the seller, at a rate of 3% above the base rate of National Westminster Bank plc, from time to time calculated on a daily basis, compounded quarterly, interest to run from the appropriate invoice date to payment (both before and after judgement).
9.4 Set off any monies held by the Company on behalf of the Buyer or any subsidiary company or holding company of the Buyer (as defined by section 735 of the Companies act 1985) against any sum due to the Company.
9.5 Terminate any contract with the Buyer or such holding company or such subsidiary in any manner which the Company at it's sole discretion may consider appropriate.
9.6 The Company shall be entitled to a general lien on all goods of the buyer or such holding company or such subsidiary for all monies due to it by the Buyer on whatever account. If any sum due to the Company is not paid within sixty days of the date of the invoice then the Company may sell the goods over which the lien has been exercised as agent for the Buyer or such holding company or such subsidiary on such terms as the Company thinks fit and apply the proceeds of sale in or towards payment of all outstanding sums due to the Company including costs of sale before remitting the balance if any to the Buyer or such holding company or such subsidiary.
9.7 The Company shall be entitled to use any monies received from the Buyer or it's holding company or it's subsidiary against any outstanding invoice and at it's sole discretion the Company may apportion such monies against any such invoices and costs as the Company thinks fit and as it may notify the Buyer from time to time.
We reserve the right to vary all or any of the terms and conditions of this agreement by giving seven days written notice to you. The proper law governing this contract and all rights and liabilities thereunder is English law.
9.8 ERRORS AND OMISSONS EXCEPTED. The Company will correct any administration errors found. Invoicing errors will be corrected by either refunding excess customer payment or collecting amounts undercharged.
ORDERING TERMS :
Acceptance of Buyers order for the goods expressly conditioned on Buyer's acceptance of these terms and conditions which are instead of all other terms, promises and representations. All orders are subject to the approval at and confirmation from seller home office. Buyers orders are accepted as the Buyers personal order only. Full payment is the personal liability of the the owner of the establishment. The owner/employer is also responsible for their employees signed, written or verbally ordered goods or services, and signed for received goods. All telephone calls are recorded.
CHANGES TO A PRINTING ORDER :
This might be possible if the printing has not yet begun. If changes cannot be made then any approved order remains a firm order and no changes either full or part quantity, size or colour can be accepted after the date of confirmed order. Printing orders cannot be cancelled unless agreed to by Ideal Packaging. If cancelled before printing has begun then any costs incurred by the seller such as produced machine printing stereos, artwork which includes design work, will be payable on demand.
The Seller shall deliver the more accurate colour, on printed paper products, only when it is a numbered 'Pantone' colour. When the colour is simply verbally described or a sample received from the Buyer, the Seller shall endeavour to deliver the exact colour, but no objection shall be taken by or from the Buyer, to what is generally thought of in the printing trade, as being an acceptable variation of shade.
Plastic is different, as there are far less colours available. This means that colours printed onto plastic film will be close as is possible.
Coloured bags: Rolls of plastic film which have been coloured do vary a little from each other when they are not white or black. It does happen that a single order of a coloured bag can show one, or more, slight colour variations. This is not classed as a fault.
Delivery dates are desired and not promised dates. Liability is not accepted for any direct or indirect loss arising from non-delivery or delay in delivery of any goods caused by war, strikes, lockouts, fire, floods, explosions, government restrictions, failure to obtain or shortages of raw materials, production machine breakdown, ship sinking, couriers or any other cause whatsoever beyond the Sellers control.
If the contract provides for delivery by instalments and a non-delivery or delay occurs in one or more instalments, the Buyer will not be entitled to compensation nor to suspend or cancel the contract. The Seller shall have the right to suspend deliveries or cancel the order under this and/or any other contract it may have with the Buyer if the Buyer has failed to make payment on the due date for any goods previously delivered or (though the Buyers account is not in arrears with any payment) where the Seller considers the amount outstanding on the Buyers account (whether actually due for payment or not) to be the limit to which the Seller is prepared to allow the credit. In such circumstances the Seller reserves the right to extend the originally agreed completion date by the amount of time that the Buyers account is suspended, or an amount of time thought to be appropriate in the circumstances. Delivery: If the Buyer does not take delivery on the agreed delivery date the Company shall be entitled to the amount of payment agreed for that delivery date and to place the goods in storage (either on its or some other premises) and any charges thereof will be the liability of the Buyer and shall be payable upon demand.
Delivered quantities can be the industry standard of plus or minus 10%.
All claims for defects discovered upon inspection or non-forming shipments must be made promptly to Seller and confirmed in writing or email in no event later than 7 days after receipt of the goods. No return shall be made without Sellers written prior authorisation. No refunds but only merchandise credit will be granted on returns accepted as an accommodation to Buyer.
If a print mistake has been made which is our fault, it will be remedied. The fault will be disregarded if, in the companies opinion, it does not cause an incorrect message, and does not interfere with, or prevent the printed item from being used correctly.
If the mistake does cause the goods to be unusable, the order cannot be cancelled unless agreed by the company. The company reserves the right to re-make and supply the ordered goods.
PROOFED ITEMS INCORRECT : After the buyer has approved the print job proof, any mistakes contained in the printed item content is the full responsibility of the buyer.
Except as stated herein, Seller disclaims all warranties including the implied warranties of fitness for a particular purpose and merchantability.
5.1 The Company's price lists and other publications are indications of the kind of goods supplied by the Company and particulars given in any of them shall not bind the Company unless expressly agreed in writing by the Company with reference to a specific contract.
5.3 All warranties, conditions, guarantees or representations expressed or implied. statutory or otherwise are hereby excluded and the Company shall not be liable for any loss, damage, expense of any kind whatsoever consequential or otherwise arising out of or due to or caused by any defects or deficiencies of any sort in the goods supplied by the Company.
5.6 This paragraph shall not deprive the Buyer dealing as a consumer pursuant to sections 3 (1) and 12 of the unfair contract terms act 1977 of his or her statutory rights.
5.7 The amount of any damages recoverable by the buyer for breach of contract or negligence shall be limited to the invoice price of the goods.
Seller shall not be liable for consequential or incidental damages, whether for breach of contract, negligence or otherwise. In no event shall Sellers liability exceed the purchase price paid by the Buyer. All claims by Buyer for arbitration or court recovery must be filed within one year from date of delivery of goods.
7.1 Until all outstanding debts of the Buyer to the Company are paid for by the Buyer under this contract the goods supplied shall remain the property the Company. The Buyer shall store and insure such goods for their full retail value. The Buyer shall keep such goods in a safe and secure place suitable for the goods in such a way that the Company can readily identify them as the property of the Company and not the Buyer.
7.2 The Company shall have the right at all times prior to full payment being made for such goods supplied to enter onto the Buyers premises with or without vehicles and retake possession or examine the conditions of such goods supplied by the Company to the Buyer.
7.3 If the buyer incorporates the goods into other goods in any way, title to those other goods shall vest forthwith in the Company.
7.4 The Buyer shall be at liberty to sell the goods or such other goods in the normal course of it's business provided that any monies so received are held separately on our behalf to whom the Buyer has a fiduciary duty to account for such monies to the extent of it's indebtedness.
BUYER RISK :
The goods are at entire risk of the Buyer from the time of delivery to the Buyer. Risk shall pass to the Buyer upon delivery of the goods by the Sellers courier.
BUYER REQUIRES TO CANCEL ORDER :
If the ordered goods are being or have been produced to the buyers requirements then the order cannot be cancelled. If the ordered goods have not yet gone into production then cancellation will be allowed. Payment for - any equipment provided free, and or, all costs incurred by Ideal Packaging in connection to the cancelled order - will be required.
PRICE QUOTES FOR SPECIAL ITEMS :
Supplying a low price for specialised items is usually costly in time and expense.
For such items, an individually calculated payment shall be required, which will be deducted from the invoiced cost for that ordered item.
|CARRIER BAGS BESPOKE 360 / 180 gauge|
|SUGAR CANE CARRIER BAGS|
|POLYTHENE CLEAR BAGS - ETC|
|GRIPSEAL BAGS-for opening and re-closing|
|MAILING BAGS-KRAFT PAPER|
|PLASTIC MAILING BAGS -PLASTIC|
|PAPER COUNTER BAGS STRUNG & PRINTED|
|Terms to read|