Terms and Conditions of Business
In these conditions “the Seller” means Parkers Packaging Limited, “the Buyer” means the person, firm or company purchasing the goods. “The Goods” means the goods or materials the subject of the contract between the Buyer and the Seller.
1. Unless otherwise agreed in writing every order placed with the Seller shall be subject to these Conditions of Sale which shall override any standard terms or conditions stipulated, incorporated or referred to in the Buyer’s order.
2. Where delivery of the goods is to be made by instalments each delivery shall be treated as a separate contract and failure suspension or delay in any delivery or defects in the Goods delivered shall not vitiate the contract as to other deliveries.
3. All delivery dates are estimates only and the Seller shall not be liable in damages for any delay in delivery nor shall the Buyer be entitled to refuse to accept delivery except where delay of an unreasonable length has occurred due to circumstances within the Seller’s control. The following circumstances shall without limitation be deemed not to be within the Seller’s control. Acts of God, war, riots, civil commotion’s, strikes, lock-outs, trade disputes, fires, breakdowns, interruptions of transport, Government action and delay in delivery by the Seller’s suppliers. During any such period of delay the Buyer after giving reasonable prior written notice of his intention to do so shall not be at liberty to purchase elsewhere such goods only as shall be necessary for the Buyer’s immediate requirements, and to cancel delivery from the Seller of any quantities so purchased. In the event of a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your credit card account in the value of the incorrect price (including delivery charges).
4. The Buyer shall have no right to an automatic discount on the list prices; all discounts shall be expressly agreed between the Seller and the Buyer.
5. VAT will be charged (if appropriate) at the rate prevailing at the date of invoice or despatch of the goods, whichever is the later. Unpaid Cheques received will incur administration costs of £25 per return unpaid by the drawer’s bank.
6. If the Buyer shall fail to make any payment on the due date or becomes bankrupt or enters into liquidation (other than the purposed of amalgamation or reconstruction) or makes any composition or arrangements with Creditors or has a receiver appointed of its undertaking property or assets or any part thereof the Seller shall have option to withhold or cancel further deliveries provided that failure on the part of the Seller to exercise such option in respect of one or more deliveries shall not affect the right to exercise it in respect of other deliveries. Not withstanding any other terms stated herein that cash should be paid before delivery is required.
7. Unless otherwise agreed in writing payment for the goods shall be made in advance of delivery, and where agreed in writing following a credit application, payment will be on a net monthly basis. Without prejudice to the Seller’s rights in respect of late payment other than to receive compensation therefore if the Buyer fails to make payment on the due date the Seller shall be entitled to £25 per invoice reminder and in addition to the purchase price to interest thereupon at the rate of 0.5% per week or 5% per annum above Barclays Bank PLC base rate, whichever is greater, from time to time applying from the due date of payment until payment is received by the Seller. The individual or Director(s) of a Company placing an order understands and agrees without dispute to undertake a personal guarantee to fulfil payments due under the terms stated, including any interest accrued. The Buyer also agrees to undertake the full cost of any legal action taken by the Seller to pursue payment that falls overdue.
8. (i) Risk in the Goods shall pass to the Buyer upon delivery but title thereto shall be retained by the Seller until it has received payment in full in respect thereof or until the Seller serves a written notice upon the Buyer specifying that the title thereto has passed whichever shall be the sooner.
(ii) If the Buyer fails to make payment in accordance with these conditions of Sale the servant’s or agent of the Seller shall be entitled to enter upon the premises of the Buyer to repossess the Goods.
(iii) The Seller grants the Buyer a licence to use the goods or any part thereof in the course of the Buyer’s normal business operations or to sell the same on the condition that so much of the proceeds of the sale received under contracts which include any of the goods as shall be necessary to satisfy the payment due to the Seller in respect thereof shall be held on trust for the Seller in a separate Bank account and shall not be mingled with any other monies and shall at all times be identified as monies of the Seller.
9. The Buyer shall inspect the goods immediately upon delivery and shall within 3 days of such delivery give notice in writing to the Seller of any matter or thing by reason whereof the Buyer alleges that the Goods are not in accordance with the contract as to quantity, quality or otherwise. If no such noticed is served by the Buyer upon the Seller the goods shall be deemed to be in accordance with the contract in all respects and the Buyer shall be deemed to have accepted them. Where the Buyer is returning correctly delivered goods, the Buyer shall pay for the delivery of the returned goods to obtain a credit. The returned goods must be in their original packaging and will be subject to a 25% handling charge from the Supplier, which will be discounted from the value of the goods. Delivery charges will not be credited for correctly delivered goods.
10. Damage shortage and pilferage in transit must be reported to the carriers in writing within 3 days after the delivery of the goods and a copy sent to the Seller to enable (where applicable) the necessary claim to be made. In case of breakages the Buyer must retain the damaged goods and packing material for inspection. In case of non-delivery within 10 days of date of despatch or in the case of exports within the 3 days of anticipated delivery date the Seller must be advised immediately. If the Buyer’s non-compliance with the above causes any subsequent claim to be refused by the carriers the entire loss shall be borne by the Buyer.
11. No contract between the Seller and the Buyer shall be a sale by sample by reason only of a sample having been provided for the Buyer’s general guidance.
12. (i) If the Buyer having served notice on the Seller in accordance with Clause 11 above demonstrates to the reasonable satisfaction of the Seller that the goods are not of the quality specified in the Contract the seller shall at its option either replace the defective Goods with Goods complying with the contract at the place for delivery specified in the contract or refund to the Buyer the price paid by the Buyer for the defective Goods.
(ii) The express benefits of the warranty set out in sub-clause 12(i) above represent the entire responsibility and liability of the Seller in respect of all conditions and warranties express or implied whether statutory or otherwise and any obligations and liabilities whatsoever of the Seller relating to the goods or advice or information supplied in relation thereto whether in contract tort or otherwise except liability for death or personal injury arising out of negligence of the Seller.
13. The Seller hereby notifies the Buyer that the Seller has available information concerning the goods and the conditions recommended for safe handling.
14. The Seller shall not be liable for any consequential loss or damage caused by non-performance or by delay in the performance of any of its goods to the Buyer due to any cause whatsoever beyond the control of the Seller. Should any such event occur the Seller reserves the right to cancel or suspend any contract with the purchaser made subject to these Terms and Conditions without incurring any liability for any loss or damage thereby occasioned.
15. The Buyer shall not assign or transfer the benefit of any contract without the written consent of the Seller.
16. The Buyer shall ensure that the use to which the Goods are to be put does not contravene any local or national laws, bye-laws, regulations or planning consent for the time being in force, and will indemnify the Seller against any such contraventions.
17. Delivery terms used in international transactions shall be interpreted in accordance with INCOTERMS 1980.
18. Any notice hereunder shall be addressed to the party concerned at its registered office or principle place of business or last known address (as appropriate) and shall be sent by first class pre-paid letter post or left at the appropriate address. A notice sent by post shall be deemed to have been served forty-eight hours after posting.
19. These Conditions of Sale any contract made pursuant there to shall be subject to and construed in accordance with English.