All quotations are made and all orders are accepted subject to the following conditions, which shall form part of the and govern the contract of sale. Fleet Retail Packaging Ltd is hereafter referred to as “the company”. Words importing the masculine gender only in the said conditions include the feminine gender and words importing the singular number only include the plural number and vice versa and where there are two or more persons, firms or corporations, included in the expression “buyer”, the said conditions shall be deemed to be binding upon such persons, firms or corporations jointly and separately.
1. Unless otherwise agreed in writing by the company, these conditions shall override any terms or conditions stipulated, incorporated or referred to by the buyer in his order or negotiations. The company’s failure to object to provisions expressed in any communication from the buyer shall not be deemed a waiver of any provisions of this agreement.
ACCEPTANCE & CANCELLATION
2. The company’s offers, estimates and quotations are made without engagement, and orders require the company’s acceptance in writing in order to create a contract.
3. The company reserves the right to accept or refuse any order and to cancel any uncompleted order, or to suspend delivery if the buyer fails to observe or perform any terms or conditions contained within these conditions of sale, or if the company reasonably believes that the buyer may do so.
4. The company cannot accept cancellation if the goods are in the course of manufacture or transit.
5. A contract cannot be cancelled by the buyer except by mutual agreement in writing and then only on terms which would fully indemnify the company.
6. Every endeavour will be made to deliver the correct quantity ordered, but orders are conditional upon a margin of 20% being allowed for overs or shortage,the same to be charged for or deducted. Thickness given is calculated plus or minus 10%. Size given is calculated at plus or minus 10%. For plastic carriers there will be a tolerance for printing registration on the images of +/-3mm.
7. While every effort will be made by the company to supply goods in accordance with the quality of any sample submitted or quoted for this cannot be guaranteed and no condition or warranty to this effect shall be implied.
8. The prices stated overleaf are subject to change and the actual prices to be paid shall be those ruling at date of despatch.
9. All prices quoted or accepted are exclusive of Value Added Tax and the contract price shall be such prices plus VAT at current rate.
10. Time shall not be of the essence. The company does not accept liability or responsibility for any loss or damage whether direct or indirect or consequential arising from failure to deliver within the time stated on the part of the company or the buyer.
11. Any particulars or instructions to be supplied by the buyer before the company can proceed with or complete a contract, must be furnished within a reasonable time to enable the company to deliver the goods within the time specified.
12. The company are unable to control shipping customs clearance times and cannot be held responsible for delays caused by them.
13a. In the case of printed goods, the company will not accept liability or responsibility for any errors in proofs which have been approved by the buyer and any charges incurred by the company in the preparation of all special tools, sketches, printing blocks etc. shall be charged at 70% of the cost,to release the same will incur a further charge & carriage. Buyer’s property is accepted, used in processing or processed and stored entirely at buyer’s risk, and the company does not accept liability or responsibility for loss or damage to such property whether direct or indirect or consequential arising from any cause. These goods do not have unlimited shelf life and shall from time to time need to be replaced at the buyer’s expense. Unless specifically requested in writing by the buyer, it is only possible for the company to store artwork for a period of six months.
13b. Whilst every effort will be made by the company to prevent ink transference the company will not be held responsible should it occur.
14. Where the goods consist of contains, wrappers or other articles intended for use in connection with any food,drug or other substance, the buyer shall satisfy himself that such food articles or other substance is not or is not likely to be affected by any material used by the company in the manufacture or printing of such containers, wrappers or other articles and the company shall not be liable to the buyer or any third party in respect of any claim alleging that such food article, drug, or substance has been adversely affected.
15. The suitability of the company’s products for the packing of any particular commodity must beat the buyer’s risk and,unless specifically stated in writing by the company, no warranty or condition is given or shall be implied that the goods supplied are suitable in size,shape, capacity and quality or otherwise for the purpose for which the goods are bought.
16. In no circumstances shall the company accept liability for any consequential loss whether direct or indirect arising from a complaint.
TERMS OF PAYMENT
17. Our terms are strictly nett and payable 30 days following date of invoice. If payment is not made in accordance with this condition, unless agreed in writing by the company, under Section 69 of the 1984 County Court Act, the company will charge statutory interest at the applicable rate pro rata from date of invoice, any recovery costs will also be charged.
RISK AND PASSING OF TITLE
18. Title in goods shall remain with the company and shall not pass to the buyer until all monies payable under any contract to which these conditions apply shall have been paid in full.
19. The goods shall be at the buyer’s sole risk as soon as they have been delivered. A clear receipt for the goods shall be sufficient evidence that they have been delivered in good condition.
20. Unless previously agreed in writing carriage to any customer’s premises will be charged at cost to the company.
21. All artwork/printing plates will remain the property of Fleet Retail Packaging Ltd until the true value of the works carried out are paid in full, this value can be provided on request.
CLAIMS FOR DAMAGE AND FAULTY GOODS
22. Claims will not be entertained by the company unless they are notified in writing within 14 days of the invoice date. If the buyer shall fail to give such notification the goods shall be deemed to have been accepted by the buyer.
23. Where the goods are at the company’s risk in transit no claim by the buyer for damage to or loss of the goods in transit will be entertained unless written notification thereof is given to the company within such time as will enable the company to comply with the carriers conditions of carriage relating to damage or loss in transit or, where delivery is made by the company’s own transport, within a reasonable time.
24. Complaints in respect of alleged faulty or damaged goods shall not be a ground for withholding payment by the buyer of any sum due and payable by him and shall not give any right of set off against payment due from the buyer to the company. In the event of a claim against the company in respect of faulty goods, the company’s liability shall in any event be limited to the total of the monies paid to the company by the buyer for those goods and shall be only in respect of any goods actually defective.
25. The company’s decision on all matters relating to the settlement of claims shall be final and the company may at his option either replace any goods which he finds to be faulty or pay or allow to the buyer a reasonable sum not exceeding in any event the invoice value of the faulty goods.
26. Credit notes will only be issued for faulty goods returned and accepted by the company as faulty.
FORCE MAJEURE BUYER'S ACCEPTANCE
27. Every effort will be made to carry out the contract but its due performance is subject to cancellation by the company or to such variations as he may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of god, war, strike, lockout or other labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond the company’s control.
28. Signing the order and accepting delivery of the goods constitutes a personal guarantee from the buyer as well as any limited entity.
29. We confirm that the purchase orders we shall place on you are divisible. Each delivery made there under;
i) shall be deemed to arise from a separate contract, and
ii) shall be invoiced separately and any invoices for a delivery shall be payable in full in accordance with the terms of payment provided for therein without reference to and not withstanding any defect or default in the delivery of any other instalment or of any other instalment under any contract.
Upon previous agreement, the company will hold an agreed level of stock in accordance with the customer's initial instructions and forecasts. Should these levels exceed three months, written approval by the company will be required. Where the customer has not used the stock within the agreed timescale were serve the right to adjust the arrival of the further stocks in accordance with actual usage and invoice excess stocks. Excess being defined as stocks more than three months usage or more than the initially agreed level. Unless previously agreed in writing by the company any stock held in store will be liable to storage charges, these charges can be provided upon request but will however start from the first full working day of storage. Unless previously agreed in writing by the company, all stock will be invoiced immediately upon arrival onto it’s nominated premises.
Where stock is held and payment exceeds the agreed terms of payment the company reserves the right to invoice the remainder of the contract and treat the delivery point as the warehouse or the factory and recover the monies due using whatever means.
If the exchange rate on the actual date of delivery differs by more than +/- 5% from the order date we reserve the right to adjust the price accordingly.
When accepting an order Fleet will have accounted for Duty to be paid to Customs to import your goods, should this rate change we reserve the right to pass this on.