Allied Packaging Limited - Suppliers of Packaging Products

Terms & Conditions

 

ALLIED PACKAGING LIMITED
(Hereinafter referred to as the Company)

STANDARD CONDITIONS OF SALE

The following Standard Conditions of Sale varied from time to time by the Company will govern this transaction and all contracts between the parties except as otherwise specifically agreed in writing by the buyer and the Company

1. PAYMENT TERMS

(i) for approved credit account holders: Net monthly account requiring settlement in full for goods invoiced up to and including the last day of a calendar month to reach the Company no later than the last day of the following calendar month the Company reserves the right to charge interest at commercial rates on amounts outstanding after the due settlement date
(ii) for non credit account holders: Cash on delivery or cash with order only

2. PRICES AND QUOTATIONS

Quotations are for information only and are binding on the Company only if and to the extent that they are incorporated in an order to the Company which has been accepted in writing all prices quoted are exclusive of V.A.T. The Company reserves the right to alter or amend prices up to the time goods are dispatched except where a price is stated to be fixed

3. CONTRACTS

When a "Call Off" contract order is placed with the company without giving any specific delivery dates the buyer understands that the whole quantity ordered may have been manufactured it is expressly agreed that in this event the total quantity contracted for will be accepted for delivery within one year of the order being placed with the Company

The Company shall have the option to rescind any contract or order between the Company and the buyer and/or to suspend delivery of goods in any of the following events:-

(i) should any sum owed by the Buyer to the Company be overdue for payment

(ii) should the Buyer be in breach of any term of the same or any other contract with the Company

(iii) should the Buyer enter into any composition or arrangement with or for the benefit of his creditors have a receiving order in bankruptcy made against him or go into liquidation or receivership either voluntary or compulsory

4. OWNERSHIP

The Company and the Buyer expressly agree that until the Company has been paid in full for the goods comprised in this or any other sale contract between them

(i) the goods remain the sole and absolute property of the Company and the Company may recover the goods at any time from the Buyer if the amount outstanding to the Company remains unpaid after the due date for payment has passed for that purpose the Company its servants and agents may enter upon any land or building upon which the goods are situated

(ii) the Buyer has the right in the course of his business to dispose of the goods which are the property of the Company on condition that the Buyer shall hold the proceeds of such disposal on trust for and on demand pay to the Company any monies due or owing to the Company

5. CLAIMS

(i) claims in respect of any alleged defect in the quality of the goods delivered must be made in writing within 14 days after delivery or if related to the transport of the goods within such time as will enable the Company to comply with the time limit and procedure of any carriers by whom the goods were transported

(ii) the return of goods shall not be made without prior agreement between the buyer and the Company

(iii) if the buyer shall make any complaint within the time stipulated the Company shall after reasonable time for investigation and examination of the goods in dispute shall be entitled at its option:-

(a) to replace any defective goods or

(b) to accept the return of defective goods and to credit the Buyer with the sale price thereof or

(c) to make the Buyer an allowance representing the difference between the value of goods defective at the time of complaint and the value they would have had if they had not been defective providing the Buyer pays the balance not in dispute according to normal terms

(iv) any complaint of short delivery or of damage to goods in transit must be notified within 24 hours of receipt of goods and confirmed in writing at that time by the Buyer to the Company

6. CANCELLATION OR ALTERATION OF ORDERS

Where the Company agrees to supply goods it may refuse a request for cancellation suspension or alteration to the order if materials or components have been ordered from a third party or manufacture of the goods has commenced

7. DELIVERY AND QUANTITIES

(i) if no time for delivery is specified the Buyer shall be bound to accept the goods when they are ready for delivery by the Company

(ii) where the Company agrees to deliver goods to a place chosen by the Buyer the buyer shall provide for the unloading of the goods or reimburse the Company the cost of such unloading

(iii) if the buyer fails to take delivery at the time required by the Contract the Company shall be entitled to:-

(a) invoice the goods forthwith and

(b) to charge at rates giving an economic return for the handling storage and insurance of the goods from the date of invoice to the date when the buyer takes delivery or the Company at its option disposes of the goods

(iv) where goods are manufactured to the buyers specification it is understood that the quantity delivered may vary against the order quantity by up to + or - 10% such extra quantity being invoiced and payable or if deficiency then credited and or refundable as may be appropriate

8. MATERIALS

(i) the Company shall not be bound by any oral warranty or representation given or made on its behalf unless confirmed in writing nor by any implied term condition or warranty whether arising by implication or law or to be implied from circumstances save and except a warranty that goods sold shall correspond with the contractual description

(ii) where orders are placed by the buyer in reliance upon samples provided by the Company the Company shall endeavour to ensure that the goods comply with the quality and dimensions of the sample but no responsibility can be accepted for discrepancies between the sample and the goods delivered

(iii) stock sizes and weights of goods are approximate only and may not correspond with their contractual description provided that any such differences do not make the goods unsuitable for the buyer's purposes

(iv) where goods are made to a customers own specification whilst every effort is made to supply an exact size thickness or quality due to the nature of materials used manufacture can only be made subject to certain trade tolerances details of such tolerances will be supplied on request where applicable the codes of practice as recommended by the Packaging Distributors Association will apply the buyer must satisfy himself or herself that such tolerances are acceptable

(v) no guarantee is given that the goods are fit for the Buyer's purpose and the Buyer must satisfy himself of their fitness for any purpose for which they are intended to be used

(vi) where the buyer requires the Company to carry out design or printing work in respect of goods ordered colours need only be a commercial match and the buyer is responsible for any errors in proofs which he has signed the buyer will indemnify the Company in respect of any expense or liability arising out of any breach of copyright trade mark etc

9. LIMITATION OF LIABILITY

(i) the Company shall not be liable for failing to perform this or any other contract whether wholly or in part if the failure is caused either wholly or partly by any circumstance or circumstances outside the Company's control in any event it is expressly agreed that the Company will not be liable for any consequential loss caused to the customer as a result of an order being carried out unsatisfactorily whatever the reason for this shortcoming may be

(ii) no forbearance or indulgence by the Company shown or granted to the buyer whether in respect of these conditions or otherwise shall in any way affect or prejudice the rights of the Company against the Buyer or be regarded as a waiver of any of these conditions

(iii) time shall not be of the essence of this or any other contract with the Company

10. TRADE CUSTOMS

Packaging Trade Customs for the time being in force obtainable from the Packaging Distributors Association shall apply except where inconsistent with these conditions or the express terms of any contract between the Company and the Buyer

11. GOVERNING LAW

The interpretation and terms of these conditions will be governed by the Law of England

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