Terms & Conditions
The following Standard Conditions of Sale shall govern the transaction except as otherwise specifically agreed in writing between the buyer and the seller.
Where any reference is made to a person or person(s), this is also accepted as
including limited companies, public limited companies, sole traders, partnerships,
individuals, corporate bodies, etc.
The Buyer - the person or person(s), that has ordered or requested the goods.
The Seller - E W Cartons Limited.
The Goods - the goods, material or products, that have been manufactured, produced, or made available for supply, by the Seller.
All orders are accepted subject to the terms and conditions set out below.
No order placed by the Buyer, shall be binding unless confirmed via an official Order Acknowledgement from the Seller. By ordering any goods from the Seller, the Buyer will be deemed to agree that these trading conditions of sale, shall form the basis of the contract made in respect of the said goods and that they shall prevail notwithstanding any printed or other conditions contained in the purchase order, acceptance or quotation or otherwise brought to the Buyers notice. All other conditions, Agreements, Representations, Promises, Undertakings or Warranties of any kind (apart from those implied by Section 12 of the Sale of Goods Act 1979) are hereby excluded.
All quotations from the Seller are to be valid for a period of 30 days from receipt. Any quotations made are subject to withdrawal or amendment at any time prior to the Order Acknowledgement. They are also subject to the materials being available at the time of the Order Acknowledgement. Clerical errors are subject to correction.
(a) The Seller, will make price adjustments where the quantity ordered is less than was quoted for or delivery is ordered in instalments less than those specified in the quotation.
(b) In the event of any increase in costs of raw materials or other such costs between the date of the quotation and the Order Acknowledgement, the Seller reserves the right to alter the price.
Any price changes will be confirmed in the Order Acknowledgement.
The Seller manufactures to a quantity tolerance of +/- 10 per cent.
Any surplus or shortage will be charged or deducted on a pro rata basis.
The Seller manufactures goods to a tolerance of +/- 3 mm.
ARTWORK & PRINTING
(a) When artwork, origination and printing stereos are supplied by the Seller, unless specified otherwise on the official Order Acknowledgement from the Seller, such items will be charged at cost to the Buyer. A certificate from the Auditors of the Seller with regard to the cost is final and binding on the Buyer.
(b) All sketches and origination work shall remain the ownership of the Seller unless paid for in full by the Buyer.
(c) No responsibility will be accepted by the Seller for any errors in proofs or printing details which have been approved with the Buyer.
(d) All quotations for colour are based on the Seller’s standard range of ink colours, any deviation from these, at the request of the Buyer will be charged at cost.
(e) All items owned by the Buyer and left at the Seller’s premises or handed to an employee of the company will be held at the Buyer’s risk. A receipt for such goods must be obtained from the employee to whom the goods were handed.
In the event of the Seller ordering tooling for die-cuts to complete the Buyers order, unless specified otherwise on the official Order Acknowledgement from the Seller, all tooling will be charged to the Buyer at cost. A certificate from the Auditors of the Seller with regard to the cost is final and binding on the Buyer.
(a) The Seller will make every effort to deliver goods/have goods ready for collection, within the agreed delivery period, but no guarantee of delivery date is implied and the Seller shall not be liable for any loss or damage occasioned by any delay in delivery.
(b) If the Buyer fails to accept delivery for whatever reason, if made in accordance with the terms and conditions of the order as confirmed in the unless specified otherwise on the Order Acknowledgement from the Seller, the balance of undelivered goods shall be invoiced to the Buyer. The goods will then be held at the Buyer’s risk and any storage and additional carriage cost being charged to the Buyer’s account.
The Seller retains ownership of all pallets on which goods are delivered to the Buyer. An equal number of equivalent quality and sized empty pallets are to be returned by the Buyer on delivery or in the case of collection, the Buyer shall bring to the Seller.
Any claims by the Buyer in respect of goods supplied by the Seller must be made within 3 working days of the date of delivery of the goods to the Buyer and must be notified to the Seller in writing at their offices at Unit 5, Metcalf Drive, Altham Industrial Estate, Altham, Lancs., BB5 5TU.
Any claims or complaints received outside the time limits of this clause, will only be considered strictly at the discretion of the Seller. Claim’s or complaint’s that may involve the return of the goods, will not be accepted by the Seller, unless the Seller or his representative, has first had the opportunity of examining the goods, before being returned.
CANCELLATION OF ORDERS
In the event of the Buyer cancelling an order the Buyer shall be liable for any work undertaken or any raw materials purchased for the goods at the time of cancellation.
The Seller operates the following standard trading terms:
All goods and services are to be paid in full 30 days from the date of invoice.
All invoices outstanding for longer than 30 days from the date of invoice shall be charged at 25% over the prevailing National Westminster Bank plc base rate, at the discretion of the Seller.
RISK AND TITLE OF GOODS:
Any risk passes to the Buyer of the goods on their delivery. The title of the goods will only pass to the Buyer once the Buyer has paid for them in full - including any charges for Vat and any other form of Tax due. Until the title of goods is passed to the Buyer, the Buyer shall store and/or easily identify the goods in such a way, as being easily identifiable and as belonging to the Seller.
Whilst every endeavour will be made to supply material in accordance to the quality of samples submitted or quoted for, the contract is not a contract of sale by sample.
The Buyer shall not rely upon any representation as to the quality of the goods or their fitness for any purpose, or their availability for delivery unless, made in writing by the Seller.
The Seller will accept no liability for any breach of copyright, or patent, for reproducing a design(s) from the buyers specification. The buyer will be solely responsible, and will fully indemnify the Seller for any claim or proceedings brought from any party arising there from.
Whilst every effort will be made to carry out any contract, the Seller reserves the right to variation or cancellation owing to force majeure. The term force majeure shall include, but is not limited to the following; Act of God, War, Strike, Lock-out, Flood, Fire, Drought, Riot, Civil Commotion, restriction by the Government or any other competent Authority, any natural or accidental disaster, industrial dispute or any breakdown in machinery or any other case beyond the Seller’s control.
Where any legal proceedings or tribunals are sought, or passed, by either the Seller or the Buyer, then all proceedings will be held in the Courts of Great Britain, and will be governed by English Law.