TERMS AND CONDITIONS OF TRADE
DEFINITIONS AND LAW
In this document the following words and phrases shall have the following meanings unless the context specifies differently
“The Company” means Shrink Wrapping Supplies Limited
“The Contract” means the Contract made between the Company and the Customer in the supply of goods comprising of the terms set out herein and any special terms
“The Customer” means any firm, individual or agent to whom the Contract is addressed
“Delivery” shall mean the occasion upon which the goods are collected from the Company or its agents premises by the Company or its agents
“The Goods” means the products to be supplied by The Company to the Customer which shall be on the invoice
The price quoted will be exclusive of VAT which shall be charged in addition and will be payable on receipt of the Company’s invoice or unless otherwise agreed between the Company and Customer. The Company reserves the right to amend the price quoted in line with any additions costs incurred
CANCELLATION AND VARIATION
If the Customer gives notice in writing of its cancellation of all or part of the order, the Customer shall upon demand reimburse the Company any costs or expenses which the Company has incurred prior to its receipt of the Notice of Cancellation
If the Customer gives notice in writing that it wishes to vary its order for the goods, the Customer shall forthwith upon demand reimbursed the Company all costs and expenses which it incurred in connection therewith and shall accept a reasonable postponement of the estimated date if delivery should the Company feel appropriate
The Company will not accept any cancellation of an order within four weeks of the estimated delivery date unless otherwise requested in writing by the Customer and accepted and confirmed in writing by the Company
Whilst the Company will endeavour to supply goods to the specific requirements of the Customer it reserves the right to supply goods considered to be of a similar specification if reasons of non supply are beyond control in such event any dispute arising out of incorrect delivery must be rectified by the Customer within 14 days of receipt of the goods
The Company will endeavour to make the goods available for delivery, collection by any date agreed between the Customer and the Company, however, any such date will be appropriate and shall not be legally bound. The Company in such event shall not be liable for any loss or damage suffered by the Customer as a result of the late delivery nor shall this constitute a breach or repudiation of the Contract
Whilst the Company will endeavour to deliver on the agreed dates of any dispute arising out of or in connection with late/early delivery must be notified in writing to the Company within seven days of receipts of the goods
Should the Customer refuse to accept receipt of any goods then the Company may at its own discretion hold for a period not exceeding 14 days the goods in store after which time they may be disposed of as is felt appropriate by the Company. In such an event the Customer may be liable for any costs or expenses incurred in storing, selling or disposing of the goods
The Customer shall pay the price of the goods on 30 days after the invoice date unless other terms are agreed between the parties in writing
As payments made by the Customer pursuant to the above shall be made without any deduction or deferment in respect of any disputes or claims whatsoever and/or any taxes imposed by or under the authority of any government or public authority
Where the Company does not receive payment of any of its invoices by the due date interest shall therefore accrue on the sum due and owing to the Company at the rate of four percent above National Westminster Bank PLC published bank rate calculated on a daily basis without prejudice to the Company’s right to receive payment in full by the due date
In the event of non payment of invoices the Company reserved the right to suspend or cancel any existing orders until such time as the account is considered by the Company up to date. The Customer shall indemnify the Company for any loss or damage which the Company suffers as result of the suspension or cancellation of the order or to the non payment of its invoices, including the non representation of cheques.
RETENTION OF TITLE
The company retains ownership of the goods until such times as its invoices have been paid in full. Under any circumstances the Company reserves the right to repossess the goods from the Customer’s premises and charge the Customer appropriate costs and expenses in so doing.
Risk of loss or damage of any kind to the goods shall pass to the Customer upon delivery of the goods. Where the Customer fails to take delivery of the goods when the delivery falls due, the Company shall be entitled to treat the risk as having been passed to the Customer.
The Company relies solely on the information and samples provided by the customer to the company to arrive at the correct product specification and duly the supply of that product. The company is not liable to modify, exchange or refund any goods that do not perform outside the information or samples provided by the customer.
The Customer must rely on written representations concerning the performance or fitness for purpose of the goods which must be signed by a duly authorised representative of the Company. No liability shall be accepted against statements made orally or on advertising or promotional material.
The Customer should give written notice of any defect to any goods within 14 days of the date of appearance. Failure to do so will invalidate any later claim and it will be considered the Customer’s liability.
The Company shall subject to normal rules concerning causation and remoteness of damage be responsible for:-
(i) Liability for death or personal injury or damage to property caused by the goods or by the Company’s servants if it is established that such death, personal injury or damage has arisen as a direct result of negligence by the company or its servants.
(ii) The liability accepted by the Company pursuant to the express terms of the Contract is the absolute limit of the Company arising under or in connection with the Contract. The Customer shall pay for the discharge and indemnity of the Company and its officer, servants and agents at all times against all and any other loss, damage, cost, legal costs, professional and other expenses.
(iii) Any condition or warranty other than those relating to title of the goods which might otherwise by implied or incorporated within the Contract by reason of statue or common law otherwise is hereby expressly excluded.
With referral to Delivery Clause, should the Company prior to delivery of the goods have any reason to believe that the Customer will not meet its debts for whatever reason, the Company may terminate the Contract forthwith by notice in writing to the Customer.
If for any reason beyond its control the Company is unable to fulfil its obligations to the Contract, the Company shall not be in breach of the Contact, but should give written notice of the reason in question by way of an amendment to the Contract to be signed, dated and returned to Shrink /wrapping Supplies Limited after reading and agreeing to terms and conditions in their document (iii).
MACHINERY COMMISSIONING & OPERATOR TRAINING
Our field engineering staff will carry out machine positioning, adjustment, testing and commissioning. Operator instruction on the care and operation of the machines will also be given. If more detailed engineering personnel training is required, a quotation may be requested from our Service Manager. The commissioning time shown on this quotation has been calculated on the basis of full and unrestricted access to site at all times, during normal working hours. Any delays, not of our making, leading to an extended commissioning period, will result in additional charges. Unless otherwise specified in this quotation, the company will not accept responsibility for:
a] Electrical and compressed air services to convenient isolators adjacent to each machine, which should be provided in advance of the mutually agreed installation date. In order to comply with Health & Safety Legislation, these services must be supplied in accordance with normal safe practices.
b] Connecting the services to the machines, nor providing any fitting required, other than from a local adjacent supply, previously installed.