TERMS & CONDITIONS OF SALE
The following Terms & Conditions apply to the sale, loan, hire, servicing or repair of goods supplied by A&A Packaging Company Unlimited, hereinafter called ‘the Company’. These conditions supersede any earlier conditions of sale. No alterations or addition to, nor exclusion of, any part of these conditions shall be applicable unless agreed in writing by a director of the Company.
The word ‘buyer’ shall include borrower, hirer, lessee, owner or any other person who is in charge of the goods. The word ‘goods’ shall include equipment including spare parts and other items supplied, serviced, repaired, loaned or hired by the Company.
PRICES AND TERMS OF PAYMENT
Charges for goods supplied shall be paid in full on or before delivery or completion unless the Buyer has an account with the Company. Where the Buyer has an account payment shall be made by the last working day of the month following delivery of the goods. If payment is delayed the Company reserves the right to charge daily interest for the period the amount is outstanding at the rate of 3% above NatWest Bank PLC base rate. The Company may close the Buyer’s account at any time at its discretion.
Any time named by the Company for delivery is an estimate only, and while every effort will be made to deliver on time, the Company will not be held liable for the consequences of any delay. Claims for damage during transit shall be made within 48 hours of receipt of the goods.
Goods may not be returned to the Company without prior agreement. The Company reserves the right to make a handling and restocking charge of at least 10% on any stock items of goods returned. If special order goods are accepted for return to the original supplier then the Company reserves the right to pass on to the Buyer any handling and restocking charge imposed on the Company along with any carriage cost incurred.
GOODS MADE TO BUYER’S PATTERN OR SPECIFICATION
a) The Company has the right to supply 10% more or less of the exact quantity ordered by the Buyer. Any excess or shortage will be charged for or deducted pro rata. b) If the goods are made to the Buyer’s specification the Buyer agrees to indemnify the Company against any loss in respect of proceedings or otherwise resulting from any infringement of any letters patent, copyrights, registered trademarks or any other protection subsisting in favor of any third party insuch a pattern or specification. c) Polythene gauges are subject to a tolerance of plus or minus 10%.
RESERVATION OF TITLE
a) Property in the goods shall remain with the Company until it has received payment in full of all the sums which are or may hereinafter be due from the Buyer to the Company in respect of any goods supplied under any contract now or in the future subsisting between them provided that when the goods or any of them are:
i) sold by the Buyer to a third party or:
ii) processed or mixed by the Buyer with other goods so that they lose their identity
Then the property in such goods or part thereof shall thereupon pass to the Buyer and provided further that if the Buyer sells the goods or part of them to a third party the proceeds of such sale be held by the Buyer for the Company’s account until the Company has been paid in full.
b) If payment in respect of the goods is overdue in whole or in part or immediately upon the commencement of any proceedings in which the Buyer’s solvency is involved the Company may (without prejudice to any of its rights) recover and/or resell the goods or any of them (provided that property in such goods has not been passed to the Buyer under sub-clause a) above and may enter upon the Buyer’s premises by its servants or agents for that purpose.
SPECIFICATION OF GOODS:
DEFECTS. It is the responsibility of the Buyer to examine the goods for defects in materials and/or workmanship which are likely to cause damage or injury. Illustrations, weights and measurements are to be taken as a guide only, and are not binding in detail. The Company reserves the right, without affecting the validity of the contract to make such changes in materials, dimensions and designs as are reasonable or desirable.
Where assembly of the goods is not done by the Company, the party assembling the goods must follow the instructions supplied with the goods. Failure to do so will invalidate the Company’s liability for damage caused to or by the goods. The Buyer is responsible to ensure that instructions have been obtained from the Company.
ADVICE, INFORMATION AND OPINION
Advice, information and opinion given by an employee or agent of the Company is given without legal responsibility. Any recommendation or suggestion relating to the use of the goods made by the Company whether in technical literature or in response to specific enquiry is given in good faith, but it is for the Buyer to satisfy himself of the suitability of the goods for his particular purpose, and he shall be deemed to have done so.
EXCLUSION OF LIABILITY
Whilst every effort is made to supply goods of acceptable quality, the Company expressly excludes any liability in contract, tort or otherwise for any personal injury, loss or damage , financial, consequential or otherwise, direct or indirect, of any kind whatsoever for anything done or omitted in connection with the Company’s products or services.
Guarantees given shall not be applicable outside mainland UK unless expressly stated otherwise by the Company in writing. Any guarantee given will be invalidate if the goods are subject to misuse or accident after the Buyer has taken delivery.
Any contract or sale made by the Company shall be subject to the Laws of England and construed in all respects as an English contract.