1 General a) The Seller means End to End Labels Ltd. b) The Buyer means the
Person, Firm, Company, Authority, Association, Organisation who places an order
with the Seller for the manufacture and / or supply of any goods.
2 No responsibility is accepted for design whether designed by the Seller or
produced to the buyers design. The buyer must ensure that any such designs do
not infringe any copyright design or other rights and shall indemnify the
Seller against any cost, claims or demands resulting from any alleged
infringement or copyright design or other rights of third parties.
3 The Seller cannot accept responsibility for errors in proofs once these have
been passed and approved by the buyer. All alterations and additional proofs
will be subject to reasonable charges.
4 Materials and adhesives used by the Seller are purchased from reputable
manufacturers. In the case of self adhesive labels the various adhesives will
be named as such on quotations, orders etc. by their description, Permanent for
Permanent, Peelable for Peelable or Removable, Deep Freeze and so on. It is the
buyers responsibility to advise the adhesive required. Quotations, invoices
etc. from the Seller, will show and mean an adhesive from a reputable
manufacturer. In the event of the buyer not informing the seller in writing of
the end usage, the seller will not accept any responsibility for loss or damage
caused by the use of the materials or adhesive.
5 The buyer hereby acknowledges that the copyright in the drawing,
specifications and other literature supplied by the Seller and the design
copyright in all goods manufactured by the Seller shall vest in the Seller.
6 The Seller shall not be required to print any matter which in its unrestricted
opinion is or may be of an illegal libellous or improper nature or any
infringement of the proprity or other rights of any third party or unsuitable
for any reason for publication. The buyer shall indemnify the Seller for and
against all costs, claims and demands which may arise in any proceedings
brought against the Seller arising from the nature of the matter printed or its
form or content. The indemnify shall extend to any amounts paid in settlement
of any claim.
7 In the event of cutter, block and artwork charges being advised it should be
noted that the charges only represent a part cost and are merely the buyers
contribution towards part of the originations for the initial order. The Seller
will supply exact repeat jobs without the incurrence of further cutter, block
and artwork charges until such time as either the cutter, block and artwork
requires renewing through fair wear and tear. All cutters, blocks and artwork
remain the property of the Seller and will remain in their possession. The
Seller will replace the same at his discretion.
8 The Seller reserves the right to withdraw or alter designs and specifications
of its goods without prior notice and shall not be under any liability
whatsoever for such withdrawals or alterations.
9 Typographical and / or clerical errors of omission shall be subject to
correction.
10 No cancellation or variations of an order by the buyer shall be effective
unless made in writing and until accepted in writing by the authorised
representative of the Seller at its registered office. The Seller reserves the
right to refuse to accept such cancellation or variation or to accept such
cancellation or variation only subject to such conditions as are warranted
according to the circumstances. Acceptance by the Seller shall be subject to
payment by the buyer of such cancellation or variation charges as the Seller
shall deem reasonable. Such charges shall take into account expenses incurred
and commitments made by the Seller and all other losses due to such
cancellation or variation.
11 Should any event occur whether of the Sellers plant or otherwise, which is
beyond the control of the Seller such as by way of example industrial action or
dispute (including strike or lock out) shortage of materials or other action of
a government or other competent authority, accident, machinery breakdown,
instructions from the buyer and the performance of this contract is prevented
or delayed: a) Without prejudice to its rights in the event of breach of
contract by the buyer the Seller reserves the right to suspend delivery or
other performance of the Sellers obligations under any contract and to cancel
unfulfilled parts of any contract in whole or in part and in the event of the
Seller exercising any such right the Sellers liability shall be limited to the
repayment to the buyer (without interest) of any part of the purchase or
contract price or charge already received by the Seller and attributed to any
unfulfilled and cancelled part on the contract less any expenses incurred by
the Seller from the date of cancellation in part performance of the contract.
b) If such prevention or delay continues for three months the buyer may elect
to cancel the contract or to allow to remain on the Sellers books and to be
completed at some later date.
12 No waivers by the Seller in respect of any breach by the buyer shall operate
as a waiver in respect of any subsequent breach.
13 Goods despatched by the Seller will be of a good commercial quality. In the
event of goods being defective the buyer must inform the Seller in writing
within 28 days. In the event of the goods being purchased and not used for a
considerable time, it is essential tests are carried out by the buyer, within
28 days of receipt. Failure to do so will be the responsibility of the buyer,
if the buyer has not notified the Seller in writing within 28 days of receipt.
14 a) The period quoted for despatch commences from the date the order is
received by the Seller but it is an estimate only. Whilst every possible
attempt shall be made by the Seller to despatch the goods by the date specified
it shall not be liable for any delay from any cause whatsoever and however
arising. Time shall not be the essence of the contract. Every reasonable
attempt will be made to despatch the correct quantity ordered but owing to the
difficulty of producing exact quantity, quotations and / or orders are
conditional upon a margin of 5% for unprinted goods and 10% for printed goods
being allowed for overs or shortages, the same to be charged or deducted. b)
The seller shall have the right to despatch any portion(s) of goods covered by
the contract and to invoice the buyer for such portion(s) so despatched on the
same terms and conditions set forth herein. Each delivery and part delivery
shall be deemed to represent a separate contract.
15 All aspects of packing will be at the Sellers discretion unless special
packing requests are made by the buyer at the time of quoting. It should be
noted special packing requirements will involve extra costs.
16 Claims for loss or damage must be notified by the buyer to the Seller in
writing and received by the company within 14 days from the date of invoice.
17 The Seller shall remain the legal owner of the goods until such time as the
buyer shall have paid to the Seller all the sums due in respect of the goods.
18 Unless otherwise agreed in writing by the seller, payment for the goods shall
be made within one month of the despatch date. Time of payment shall be made
within one month of the despatch date, Time of payment shall be the essence of
all contracts. In default of payment on the due date the seller without
predjudice to its rights hereunder shall have the right to charge the buyer an
administration charge to cover expenses incurred in the commencement of dept
recovery action. Interest may also be charged at the rate of 2.5% per month or
pro rata per diem from the date payment was due until the date payment is
received by the seller. All payments shall be made in Sterling to the seller at
the sellers address.
19 All quotations given or orders received shall be subject to sight of final
copy.
20 Any provision(s) of these conditions which in any way now or subsequently
contravenes the law shall be deemed severable and shall not affect any
provision(s) herein.
21 The seller shall be free to employ sub-contractors to manufacture any of the
goods or parts thereof to be supplied hereunder or to perform any of the
Sellers obligations hereunder.
22 The seller reserves the right to cancel Credit Facilities in cases of
constant default or at the Managements discretion.
23 Any contract of which these conditions form shall be governed by the laws of
England and the buyer hereby submits to the English Courts.
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