Terms and Conditions
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 propriety 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. Also in the event of goods being damaged in transit we require notification within 24 hrs.
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. But the buyer must also notify the Seller via email within 48hrs.
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 prejudice 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.