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1. All quotations given and contracts made by ‘Liners,bags & sacks Limited’ (Hereinafter referred to as ‘the company’) shall be subject to these terms and conditions to the exclusions of any terms and conditions appearing on any document of the contracting party.
2. No variation on these conditions shall apply unless expressly agreed to in writing by the company. To be binding on the company all quotations must be signed by a duly authorized representative of the company.
3. All quotations are exclusive of VAT or other similar levy, tax or duty unless otherwise stated and are based on prices prevailing at the date thereof and subject to alteration without notice and to stocks and materials being available when orders are received. No cancellation of an order shall be made without the company’s consent and the company reserves the right to subcontract the fulfillment of the orders, or any part thereof. All quotations are valid for seven days.
4. Whilst the company will endeavor to make delivery on any dates or date, which may be specified, such dates are estimates only and time for delivery shall not be deemed to be the essence of the contract, nor shall the company deemed to have waived the benefit of this condition by agreement to delivery by a specified date or dates. The company shall not be liable for delay caused by Act of God, riot, civil commotion, strikes, lockouts, labour disturbances, trade disputes, industrial action, fire, breakdown of plants or machinery, shortage on non-availability of goods or materials, accidents or other causes beyond the company’s control or for any consequential damage, loss or damage arising thereof.
5. The company does not guarantee to deliver the exact quantity of goods ordered and shall be deemed to have complied with a contract by delivery of a quantity of plus or minus 10 per cent of the quantity ordered, and the buyer shall pay the contract price for the actual quantity delivered. The manufacturing standards and tolerances generally accepted within the flexible packing industry shall apply to the contract. Tolerance: Average thickness, plus or minus 10%. Size, plus or minus 10% unless otherwise agreed.
6. No claims for loss or damage to goods in transit, short delivery or defective goods will be entertained unless notified in writing to the company and where an independent carrier is employed to such carrier as well within three days of delivery and a detailed claim submitted to the company and to any such carrier within 14 days of despatch (time in each case being of the essence) The company’s liability shall in no event exceed replacement of any goods proved to have been lost, damaged, not delivered or defective. The return of unwanted goods, when agreed with the company, will be at the full cost to the buyer.
7. Whilst the company exercises care in choice of materials, dyes and inks used in the manufacturing of its products and warrants that all goods are merchantable quality suitability for packing any commodity is at the buyers risk and no warranty, representation or condition is given or to be implied that they are suitable as regards size, shape, capacity. Quality or description, whether statutory or otherwise are hereby excluded. Where the company’s products are intended to be used in connection with any food, drug or commodity will not adversely be affected by any materials used by the company in respect of any claim, which may arise there from.
8. The company will use its best endeavours to supply goods or materials in accordance with any sample, which may be submitted, but no guarantee or warranty, condition or representation is given (whether expressed or implied) that the bulk will correspond with the sample.
9. The buyer will indemnify the company against all actions, proceedings, costs, claims or demands or other expenses resulting from an illegal, libellous or other matter manufactured or printed for the buyer or for any infringement of any copyright, trade mark, patent or design. All blocks, drawings, sketches, artwork, designs, proofs and original work shall remain the property of the company unless otherwise agreed.
10. The ownership of goods or products will only be transferred to the buyer when he has fully paid for them and until then such goods or products shall be held by the buyer in trust for the company and stored in such a way as to indicate that they are the property of the company.
11. These conditions and the contract shall be subject to and construed in accordance with British law.
12. The method of disposal of any rejected goods is entirely at the discretion of the manufacturer.
13. Cancellations or amendments to an order will only be considered if sent in writing to the company.
14. Goods supplied to the customer will remain the property of the company until payment is made in full.
15. Any credit terms made available to the buyer must not exceed 14 calendar days from the dispatch date of the goods.
16. The acceptance of these terms and conditions by the buyer will be either verbally when placing an order or by signature on receipt of the goods. Ignorance of these facts by the buyer’s company is not an acceptable reason for non-payment.
17. Any credit account exceeding the 30 day credit period will be liable for interest on the total amount due at a charge of 4% or £2.00 compound interest, the greater thereof, accruing per day. Further charges will invoiced when deemed appropriate, these will include administration costs (£25.00 per correspondence) incurred by the company whilst attempting to claim un-paid monies.