Terms and Conditions
Conditions of Sale
The following Standard Conditions of Sale will govern this transaction except as otherwise specifically agreed in writing by the Buyer and the Company.
‘The Company’ shall mean Pakex (UK) Plc. ‘Seller’ means the company named overleaf.
‘Buyer’ means any person to whom the company agrees to supply goods.
‘Order’ means the order placed, and confirmed in writing by the Buyer for the goods. ‘Goods’ means the goods to be supplied by the company as agreed or described in the order.
The price stated is subject to variation if the cost of wages, materials or transport increases between the date of the order and the date of delivery.
Delivery dates are promises given in good faith as an indication of the estimated delivery time, but do not amount to contractual obligation to delivery of the time stated.
Products must be inspected upon delivery and damages or discrepancies must be reported within 48 hours of delivery.
There shall be no liability on our part for any failure to deliver due to causes beyond our control.
Variations in Quantity
Every endeavour will be made to deliver the correct quantity ordered, but the Company reserves the right to deliver any quantity in variance to the quantity ordered by the Buyer provided that such variant quantity does not exceed +/- 10% of the Buyers order quantity. Any quantity so delivered shall be accepted and paid for by the Buyer in satisfaction of his order and the Buyer shall have no claim against the Company in respect thereof. Thickness given is calculated plus or minus 10%.
Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for, the contract is not a contract for sale by sample.
Except where specific measurable tolerances are set down and agreed at the onset of the contract, whilst the Company will endeavour to produce goods to the specification supplied, it reserves the right to be able to abide by the tolerances both for print quantity and reel measurement in either direction as laid down by the Packaging and Industrial Films Association and/or BS7344 1990 or subsequent revisions to that standard.
Inks used will be of good commercial quality and unless otherwise agreed must be specified by Pantone or recognised alternative references. The Company cannot guarantee that an exact match can be made especially when printed on other than white substrates.
Recycled/regranulated material is sold as sub-standard grade material. This grade is not suitable for food use or delicate articles. The Company will not be held responsible for complaints arising from the use of this grade.
Cancellation of Order
Should the Buyer cancel an order the Company shall render an invoice for any costs which have been incurred up to the date of cancellation. These costs may include artwork, block and stereo costs, or alternatively the costs of any material purchased specifically for this order, but which the Company cannot take back in stock as an item for general sale. Any such cancellation must be made in writing to the Company. The Buyer shall not be entitled to cancel an order on the basis of failure to meet estimated delivery dates.
The sellers cannot accept cancellation if the goods are in course of manufacture or transit.
Any goods supplied by us which the customer shall prove to our satisfaction to have been defective through faulty material or workmanship will be replaced or their value refunded provided we are notified in writing of such defect within 28 days from the delivery date and the goods are alleged to be defective are returned to us carriage paid. We shall under no circumstances be liable for any costs incurred in excess of the total value of goods supplied.
Return of goods cannot be accepted without prior advice.
Value added Tax
The Company shall be entitled to charge the amount of any VAT payable whether or not included on the quotation or invoice.
Every effort will be made to carry out the contract; but it’s due performance is subject to cancellation by the seller or to such variation as he may find necessary as a result of inability to secure labour, materials or supplies as a result of any act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the sellers control.
Any claim by the buyer that the goods are not in accordance with the specification is limited to the replacement by the sellers of the goods supplied.
Any express or implied condition or warranty, statutory or otherwise not state herein is hereby excluded.
Claims for pilferage or damage will only be recognised by the Carrier if they are advised within three days of receipt of goods. Failure to do this will render the claim invalid. At the same time we must also be notified.
Property in the Goods
All goods shall remain our property until the customer has paid in full. Normal payment terms is 30 days net, unless prior written agreement. Notwithstanding the condition the customer shall be liable for all damage to the goods after he has taken possession of them where such damage is caused by the negligence of our Servants or Agents.