All Orders are accepted subject to these Conditions. No order shall be binding unless confirmed by Packme Ltd. on our Acknowledgement of Order form and acceptance of delivery of the goods shall be deemed to be conclusive evidence of acceptance of these terms by the Buyer.
All quotations are subject to withdrawal or amendment by Packme Ltd. at any time prior to actual receipt by Packme Ltd. by an order for goods referred to therein and to the provisions of Clause 3 below. Clerical errors will be subject to correction.
(i) The price(s) are given in good faith and are those ruling at this date. All prices are subject to market fluctuations and revision and the actual price(s) to be paid by the Buyer shall be Packme Ltd’s., price ruling at the date of despatch.
(ii) Where an order is received for a quantity less than that quoted for or where delivery is required in installments smaller than those specified in the quotation, prices will be subject to an increase. Packme Ltd. reserve the right to requote under these circumstances.
(iii) Unless otherwise agreed or shown, the price(s) include delivery.
(iv) The price will be increased where the cost of labour or materials have increased subject to notice being given no later than 14 days prior to delivery and with the Buyer having the right to cancel up to 7 days before the delivery date.
Where goods are ordered for delivery by instalment, each instalment shall be deemed to be a separate contract unless otherwise agreed in writing.
Delivery of up to 10% more or less than the quantity ordered shall be deemed to be a good delivery in accordance with the contract.
Materials of not less strength than those ordered may be substituted for quoted materials.
Subject to satisfactory references being given, payment to be made by end of month next following date of despatch; otherwise payment to be made against proforma invoice. No discounts or other deductions will be allowed. Interest will be charged on late payments form the date of invoice at 12% per annum or
4% above Barclays Bank Plc base rate from time to time in force whichever is higher.
No liability is accepted for any claims for short delivery or damage unless notified to us within 3 clear days of delivery and in the event of wet damage the delivery documents must be endorsed accordingly.
Consequential Loss 9
Packme Ltd. shall not in any event be liable to the Buyer for any indirect or consequential loss or damage arising from the manner of performance or from
non performance of the contract.
Packme Ltd. warrants that the goods will at the time of delivery correspond to the description given in the quotation subject to any subsequent amendments in our Acknowledgement of Order form or otherwise notified in writing. All other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions or the goods whether implied by status or common law or otherwise are excluded. The Buyer and any user of the goods should accordingly take all steps as may be necessary to satisfy themselves as to the condition and/or suitability of the goods and should not rely on any representations whether written or oral made by or on behalf of Packme Ltd., their agents or employees and liabilities for which representations is excluded. The contracts (Rights of third Parties) Act 1999 shall not apply to any contract made between Packme Ltd. and the Buyer.
Retention Of Titles 11
Packme Ltd. and the Buyer agree that until Packme Ltd. have been paid in full for the goods comprised in this or any other contract between them:
(i) The goods comprised in this contract remain the property of Packme Ltd. (although the risk therein passed to the Buyer when the goods are delivered to the Buyer).
(ii) Packme Ltd. may recover those goods at any time from the Buyer if the amount outstanding from the Buyer to Packme Ltd. in respect of goods or any part of it shall remain unpaid after the due date for payment has passed, and for that purpose the Buyer irrevocably authorises Packme Ltd. Or any servant or agents of Packme Ltd. to enter upon any land or building upon which the goods are situated;
(iii) The Buyer has the right to re-sell the goods in the course of his business for the account of Packme Ltd. (but any warranties, conditions or representations given or made by the Buyer to any third party shall not be binding on Packme Ltd. who should be indemnified by the Buyer with respect thereto) and to pass good title to the goods to his customer being a bona fide purchaser for value without notice of Packme Ltd’s. rights;
(iv) In the event of such resale the Buyer had the fiduciary duty to Packme Ltd. for the proceeds but may retain therefrom any excess of such
proceeds over the amount outstanding under this or any other sale contract between them and Packme Ltd. has the additional right to recover the Buyer’s price directly from the Buyer’s customer to the extent unpaid; if Packme Ltd. avails themselves of such right Packme Ltd. will account to the Buyer for any such excess as aforesaid less any expenses incurred by Packme Ltd. in respect of such recovery;
(v) Nothing in this Condition shall confer any right upon the Buyer to return the goods sold hereunder or to refuse or delay payment therefore unless otherwise agreed.
Copyright And Other Industrial Property Rights 12
Packme Ltd. shall be indemnified by the Buyer against any claims by a third party against Packme Ltd. arising out of any goods supplied to or work done for the Buyer including any infringement of copyrights, patents, trade mark or registered design.
Article Numbering 13
Where Packme Ltd. is requested to supply packs with machine readable symbols printed thereon in accordance with the Operating Manual for article numbering approved for the time being by the Article Numbering Association (UK) Limited (ANA). Packme Ltd’s. obligation is to print the agreed symbol according to the procedures set out in the ANA Operating Manual. Provided Packme Ltd. comply with any ANA Procedure in force at the time of supply Packme Ltd. shall have no liability whatsoever for any loss howsoever arising if any symbol is not machine readable.
Force Majeure 14
Packme Ltd. shall not be liable for failing to perform the contract whether in whole or part if the failure is caused by any inability to secure labour, materials or supplies, act of God, riot or civil commotion, strike, lock-out, fire, flood, drought, act of government or any cause, whether or not similar in kind to all or any of the foregoing, outside Packme Ltd’s control and shall have the right by notice in writing to the Buyer to rescind the contract or to elect to vary the contract as may in Packme Ltd’s opinion be necessary.
(i) Buyers bespoke stock will be held for 3 months from the date of the Buyer’s first call off;
(ii) Any stock remaining after such date will be invoiced to the customer;
(iii) Payment shall be due within 30 days of invoice;
(iv) Bespoke stock remaining after the end of the said 3 month period shall be removed to Buyer’s premises or such other premises as the Buyer shall notify to Packme Ltd;
(v) Failure to remove stock will give Packme Ltd. the right to remove remaining stock to outside stores at the Buyer’s cost.
Any contract between Packme Ltd. and the Buyer will be governed by the laws of England and Wales and the Buyer irrevocably submits to the jurisdiction of the Courts of England and Wales in relation to all matters arising out of any contract between Packme Ltd. and the Buyer.
Data Protection 17
(i) We may transfer information about you to our bankers/financiers, in order for them to provide their services to us and other customers of theirs and to
help them to (a) obtain credit insurance (b) undertake credit control (c) undertake assessment and analysis (including credit scoring, market, product and statistical analysis (d) securitise debts and (e) protect their interests.
(ii) We or our bankers/financiers may make credit reference agency searches in respect of your business and its principals. Please note that credit reference
agencies make a record of searches which may be used to prevent fraud or money laundering or by other subscribers to make credit decisions about you.
(iii) We will provide you with details of our bankers on request, including a contact telephone number from where you can obtain details of the credit reference agencies used by them and any third parties to whom information is transferred.
Packme Limited from time to time makes contributions to a discretionary commercial purpose trust, a practice that it has operated for some years, and which the directors recognise fully in the accounting records of the company as part of its normal operational activities.
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