Terms & Conditions
DEFINITIONS
In these conditions the “Seller” means 1st Class Packaging Ltd and the “Buyer” means the Person, Firm or Company purchasing products from the Seller. Such products are herein called Goods.
BASIS OF SALE
The Company shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Buyer or any written order of the Buyer which is accepted by the Company in writing, subject to these conditions, which shall govern the Contract and be incorporated therein to the exclusion of any other terms and conditions subject to which any such quotation is accepted or any such order is made or purported to be made, by the Buyer. Notwithstanding that the Buyer may order the Goods on its standard form of purchase order and whether or not incorporating the Buyer’s own terms and condition, any such order shall be treated solely as a request to deliver the Goods and have no other contractual effect whatsoever.
PRICE
Unless otherwise specified in writing, all prices quoted are Net, exclusive of Value Added Tax. All prices quoted are, unless stated in writing, subject to variation without prior notice. In all other instances, prices ruling at the date of delivery apply. Prices are based on the quantities quoted for delivery as stated overleaf and adjustment will be made to cover any variation in delivery requirements.
Unless the Seller otherwise agrees, all origination costs incurred by the Seller in relation to an order will be invoiced to the Buyer and at the same p[rice as incurred by the Seller.
DELIVERY
Every effort will be made by the Seller to deliver the goods within the agreed delivery period but no guarantee of delivery date is implied and the Seller shall not be liable for loss or damage occasioned by any delay in delivery.
Where the Buyer fails to accept the deliveries in accordance with the terms and conditions of the order, the balance of undelivered goods shall be invoiced to the Buyer, the goods being held at the Buyer’s risk and any storage and additional carriage costs being charged to the Buyer’s account.
RETENTION OF TITLE
Title to the goods shall not pass to the Customer but shall be retained by the Seller until the Contract Price has been paid to the Seller in full by the Customer.
Until such time as title in the goods has passed to the Customer
i) the Seller shall have absolute authority to retake, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in the Seller;
ii) for the purpose specified in i) above, the Seller or any of its agents or authorised representatives shall be entitled at any time and without notice to enter upon any premises in which the goods or any part thereof is installed, stored or kept, or is reasonably believed so to be;
iii) the Seller shall be entitled to seek a Court Injunction to prevent the Customer from selling, transferring or otherwise disposing of the goods;
iv) the Buyer shall store or otherwise denote the goods in respect of which property remains with the Seller in such a way that the same can be recognised as the property of the Seller.
Notwithstanding the foregoing, risk in the goods shall pass on delivery of the same to the Customer, and until such time as title in the goods has passed to the Customer, the Customer shall insure such goods to its replacement value and the Customer shall forthwith, upon request, provide the Seller with a Certificate or other evidence of such insurance.
CLAIMS
The Seller shall not be liable for any shortage or for any failure of the goods to comply with the Buyer’s specifications or for any defect in the conditions of the goods unless a written claim is lodged with the Seller and the with the Carrier where this applies, within seven days of despatch of the goods. Return of goods will not be accepted unless the Seller or his appointed representative shall first have had the opportunity of examining same.
The Seller’s liability for shortage, failure or defect in the goods supplied shall be limited to the cost of making good any such shortage, failure or defect and the Seller shall not in any event be liable for damage or loss sustained or liability incurred by the Buyer as a direct or indirect consequence of such shortage, failure or defect.
The Seller shall not incur any responsibility or liability arising from any matter printed on the goods at the instruction of the Buyer.
It shall be the responsibility of the Buyer to satisfy himself as to the fitness of the goods for any particular purpose and the goods are sold without any warranty, expressed or implied, as to their suitability for a particular purpose or condition.
GOVERNING LAW
Orders or contracts shall be governed by and interpreted according to English Law, and save where the Seller elects otherwise shall be subject to the exclusive jurisdiction of the Courts of England.