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Terms & Conditions

DELIVERY - No claim for damages or shortages will be considered unless the seller is advised in writing within 7 days of delivery. GUARANTEE AND EXCLUSION CLAUSES - The seller will be under no liability under the relevant contract for any personal injury, death, loss or damage of any kind whatsoever whether consequential or otherwise but not limited to loss of profits and the seller hereby excludes all conditions, warranties and stipulations expressed or implied, statutory, customary or otherwise which but for such exclusion would or might subsist in favour of the buyer except that such exclusion will not apply to:-

i) any implied condition that the seller has or will have the right to sell the goods when the property is to pass.
ii) when the buyer deals as a consumer ( as defined in sec. 12 of the Unfair Contract Terms Act 1977), any implied term relating to description, quality, fitness or sample.

Under no circumstances will the seller or its servants agents or sub-contractors be liable for any loss or damage of any kind whatsoever whether consequential or otherwise caused directly or indirectly by any negligence on the part of the seller or on the part of any of its servants, agents or sub-contractors in connection with or arising out of the manufacture testing or supply of the goods or in connection with any advice or statement given or made by or on behalf of the seller.

PROPERTY IN THE GOODS AND RISK - The legal and equitable title to the goods supplied under the relevant contract (in this clause referred to as “the contract goods” which expression includes any of them) will not pass to the buyer until the price for the contract goods has been paid in full and until such payment the buyer will hold the contract goods in fiduciary capacity as bailee for the seller.
Where the contract goods are resold by the buyer and at the time of such resale the property in such goods has not passed to the buyer then the proceeds of such resale will be held by the buyer in a fiduciary capacity on trust for the seller and the buyer will account to the seller for the same to the extent necessary to pay the price for the contract goods.
The buyer shall so long as the seller is entitled to the property in the contract goods store the same so that they are identifiable as the property of the seller and store so as to keep same in good condition.
Without prejudice to any of the sellers other rights (whether to damages or under the relevant contract or otherwise howsoever) the seller may at any time after the price for the contract price has become due and remains unpaid rescind the relevant contract and/or recover the contract goods which are still the sellers property and may enter onto the buyers premises either by the sellers servants or agents for that purpose.
Whether or not the price for the contract goods has become due from the buyer under the relevant contract such price will be deemed to be from the buyer immediately on his committing any act of bankruptcy, calling a meeting (whether formal or informal) of any of his creditors or (where the buyer is a body corporate) having a receiver or manager appointed of its undertaking or any part thereof or on a resolution being passed or on a petition being presented to any court for the winding-up of the buyer or on the happening of any act whatsoever or the commencement of any proceedings whatsoever relating to the insolvency or possible insolvency of the buyer.
Notwithstanding any of the foregoing provisions the risk in the contract goods shall pass on delivery to the buyer or a carrier which ever is the earlier.

PRICE - Unless expressly stated in writing beforehand all prices are subject to VAT. The price is subject to price ruling date of despatch and may be revised due to any increase in costs to the seller.

PAYMENT - Subject to the following clause the price will become due and payable on delivery. Subject to the seller obtaining satisfactory references the buyer may be offered 30 days’ credit from date of despatch. Any indebtness over the credit limit set by the seller must be paid on delivery. Interest at 8% over Barclays Bank Plc Base Rate from time to time will accrue on overdue accounts from the due date until payment.
Where the buyer makes default under the relevant contract or any other contract with the seller in payment on the due date of any sum due to the seller, the price for all goods supplied by the seller to the buyer will be deemed to be due and the seller without liability may postpone any delivery or may cancel the relevant contract or any other contract between the seller and the buyer but without prejudice to any right or remedy which the seller may have against the buyer in respect of such default.

CANCELLATION - If the buyer cancels, extends or delays or purports to cancel, extend or delay the relevant contract or part thereof, or fails to take delivery of any goods at the time agreed (if any) or if no time is agreed, within a reasonable time, then the buyer will be liable (without prejudice to any other rights of the seller to claim damages) to indemnify the seller against any resulting loss, damage or expense incurred by the seller in connection with the supply or non supply of the goods including the cost of any material, plant or tools used or intended to be used therefore and the cost of labour and other overheads including a percentage in respect of profit.

TERMINATION - The relevant contract will terminate immediately upon any one or more of the following grounds coming to the sellers notice:-

that the buyer has become subject to the Bankruptcy laws or has made an arrangement or composition with his creditors or otherwise taken the benefit of any act for the time being enforce for the relief of insolvent debtors or has suffered or allowed any execution whether legal or equitable to be levied on his property or obtained against him or (being a corporate body) had convened a meeting of creditors (whether formal or informal) or has entered into liquidation (whether voluntary or compulsory) except a voluntary liquidation for the purpose only of reconstruction or amalgamation or has a receiver appointed of its undertaking or any part thereof that the buyer has failed to observe or perform any of its obligations or duties under the relevant contract.
The termination of the relevant contract in any way whatsoever will be without prejudice to the right, obligations and liabilities of either party accrued prior to termination.

DELIVERIES - Unless a delivery date is specific the goods shall be delivered as soon as ready. In the case of a contract involving more than one delivery unless the contract provides otherwise the whole of such deliveries shall be accepted within six months from the date of the first delivery.
In the event of failure to accept any delivery or deliveries the goods shall be invoiced immediately and the costs involved charged to the buyer payable at once, the contract goods being held at the buyers expense and risk.
The seller shall have the option of revising the delivery date or dates prior to manufacture in any circumstance beyond the sellers control preventing the seller keeping to the originally agreed date or dates.
Subject to the foregoing each delivery shall be a separate contract and any failure in one contract shall not effect the remaining deliveries.

QUANTITIES - A shortage or surplus of contract goods charged pro rata, not exceeding 25% on quantities less than 5,000 and not exceeding 15% on any greater quantities, shall be considered due execution of the contract.

SKETCHES Etc - All sketches and origination work remain the property and copyright of the seller unless paid for in full by the buyer.

PROOFS - In the case of printed work alterations from the original copy on and after the first proof, including alterations in the style will be charged extra. No responsibility will be accepted for any errors or other shortfall in proofs which have been passed by the buyer.

RETURNS - No contract goods returned will be accepted by the seller unless the buyer has first subject to clause DELIVERIES given the seller reasonable opportunity to examine them.

BUYERS PROPERTY - The buyers property when supplied by the buyer to the seller will be held at the buyers own risk. Every care will be taken by the seller to secure the best results when materials are supplied by the buyer but no responsibility will be accepted for imperfect work caused by defects or unsuitability of the materials so supplied.

MATERIALS - Whilst every effort will be made to supply materials in accordance with the quality of materials shown as samples or examples quoted for, the contract is not a contract of sale by sample. Printing inks used will be of good commercial quality but no guarantee is given that these are proof against wet or dry rubbing.

FORCE MAJEURE - The contract may be varied or cancelled by the seller if it is affected by any act of God, war, strike, lock out, fire, flood, drought, tempest or any other cause beyond the control of the seller whether similar to the foregoing or not, or if for any reason the seller is unable to procure materials or articles required for the performance of the contract.

GENERAL - Failure by the seller to enforce any of the foregoing or relevant contract terms will not be construed as a waiver of any of its rights.
The formation, interpretation and operation of the relevant contract will be subject to English Law and the buyer submits himself to the non exclusive jurisdiction of the English Court.

Tolerances apply as per P.I.F.A. code of practice.

© 2017 All Rights Reserved   B.Smith Packaging (Worcester) Limited  Stanier Road  Warndon  Worcester WR4 9FE    Registered in England 1938928    ISO9001, ISO14001 & BRC accredited.