Terms & Conditions

Specialising in printed carton manufacturing

STANDARD CONDITIONS OF SALE

1. These conditions of sale shall govern the contract between the Seller and the Buyer to the exclusion of any other terms and conditions subject to which any order is made or purported to be made by the Buyer.  No waiver of or variation to these conditions shall be binding unless it is written, specifically refers to these conditions and is signed by the Seller and the Buyer.

2. Orders placed by the Buyer will be acknowledged by the Seller either by fax or post.  This acknowledgement and these conditions will form the basis of supply and the contract shall be concluded on these terms.  Any query or disagreement  with  this acknowledgement must be advised to the Seller within 24 hours.

3. The price at which this order or contract is accepted is the price ruling on the date of order of contract.  The Seller shall have the option to alter such price at any time before the date of despatch of the goods.  Should such alterations result in an increase in price the Seller shall advise the Buyer before despatch of the goods, and the Buyer shall have the option of cancelling the outstanding balance of this order or contract within seven days from the date of such notice of increase.

4. Any prices quoted by our Company are exclusive of VAT.

5. Prices are calculated on the quoted quantities for delivery as stated and any variation in the customer’s delivery requirements may call for a corresponding variation in price.

6. Whenever possible the quantity ordered will be supplied, but owing to the difficulty of producing exact quantities a margin of 10% above or below quantity ordered must be allowed.

7. A tolerance of up to 1 mm in any dimension is to be allowed.

8.Goods are not sold as fit for any particular purpose and any term, warranty or condition expressed, implied or statutory to the contrary is excluded.

It is hereby declared and agreed:

a)    The Buyer is skilled and knowledgeable with regard to the goods;

b)    The Buyer does not rely on the Seller’s skill or judgement with regard to the goods;

c)    That the Buyer will inspect the goods in a reasonably thorough manner at its own premises prior to use.

Goods manufactured to the design, specification or sample of the Buyer carry no undertaking except compliance (subject to conditions 6 & 7) with the design or specification.

All terms expressed or implied relating to the quality of the goods are warranties the breach of which gives no right to reject the goods or terminate the contract in any circumstances whatsoever.

9.The Seller shall not be held responsible for delays in delivery caused by war, hostilities, strikes, lockouts, accidents, breakdowns of machinery, delays in transport or delivery, Acts of God, or any other contingencies whatsoever over which it has no control;  any such delay over which the Seller has no control shall entitle the Seller, at its option, either to suspend delivery for a reasonable time or cancel the deliveries affected by such delays.

Each delivery shall be made irrespective of any other, as though it constitutes a separate contract and any difficulty affecting any one delivery shall not vitiate the contract as to others.  Time for delivery shall not be of the essence under the contract.

11.Payment shall be made no later than 30 days end of the month following the month of delivery.  Without prejudice to any other remedy, the Seller shall be entitled to charge interest at the rate of 2% per annum above the base lending rate from time to time of National Westminster Bank plc on all overdue payments.

12.Should the Buyer default in payment or commit an act of bankruptcy or (being a Limited Company) go into liquidation or have a Receiver appointed or the Seller has grounds for considering that the Buyer may become insolvent, the Seller shall have the option to cancel further deliveries unless special terms of payment are agreed upon in respect of such deliveries.

13. Retention Of Title Clause is applicable: all good remain the property of East Kent Cartons Ltd until all monies are paid in full without any deduction

14.Notice of any claim arising out of or in connection with this contract must be given in writing to the Seller as soon as the Buyer becomes aware of the same but in any event within seven working days from when the goods were collected or delivered failing which all claims (other than claims arising out of or in connection with defects not discoverable upon full and proper examination of the goods) shall be deemed to be waived and absolutely barred.  In any event, any claims in      respect of latent defects shall be deemed waived and absolutely barred two months after the goods are collected or delivered.

In no circumstances whatsoever shall the liability of the Seller to the Buyer (in contract, tort or otherwise) arising under, out of or in connection with this contract or the goods exceed the invoice price of the goods the subject matter of any claim.  For the avoidance of doubt, under no circumstances shall the Seller be liable to the buyer for loss of profits or market or consequential or economic loss whatsoever whether direct or indirect.

The Buyer shall only be entitled to pursue claims in respect of goods available for inspection by the Seller and in any event the Seller shall in respect of any claim be entitled to assume that any goods not available for inspection are satisfactory in all respects for the purposes of the contract.

15.The risk of damage to or loss of the goods shall pass to the Buyer:

In the case of goods to be delivered at the Seller’s premises at the time when the Seller notifies the Buyer that the goods are available for collection; or

b) In the case of goods to be delivered otherwise than at the Seller’s premises at the time of delivery, or if the buyer   wrongfully fails to take delivery of the goods, the time when the Seller has tendered delivery of the goods.

Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions the property in the goods shall not pass to the Buyer until the Seller has received cash or cleared funds payment in full of the price of the goods any interest due thereon and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due whether under this contract or any other contract.

Until such time as property in the goods passes to the Buyer, the Buyer shall hold the goods as the Seller’s fiduciary agent    and bailee and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the seller’s property.

Until such time as the property in the goods passes to the Buyer (and provided the goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and if the Buyer fails to do so forthwith to enter upon the premises of the buyer or any third party where the goods are stored and repossess the goods.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller but if the Buyer does so all monies owing by the Buyer to the Seller shall (without   prejudice to any other right or remedy of the Seller) forthwith become due and payable.

16.The construction, validity and performance of the contract shall be governed by the Law of England.

It is a term and condition of a reader accessing and reading the East Kent Cartons Limited web site, which is the trading name for one of the carton manufacturing companies, that EKC provides the material published on EKC website on the basis that it disclaims all warranties in respect of the same whether express or implied. Your statutory rights as a consumer are not affected.

Data Protection

East Kent cartons Limited is compliant with the Data Protection Act. We will not pass on your details to any third party without your prior consent.

Disclaimer

East Kent Cartons Limited provides the eastkentcartons web site 'as is' and does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

In addition, East Kent Cartons makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the eastkentcartons.co.uk web site or the information or content included in this site. This does not affect your statutory rights in relation to the goods and their fitness for purpose and satisfactory quality.

Use of our website

Users should make their own judgements about those matters and/or seek independent advice. We make every effort to ensure that links on this site are kept up-to-date. The currency of the links is dependent upon the owners of those sites letting us know of any changes.

To the extent permitted by law, EKC excludes all liability for loss or damage arising from the use of, or reliance on, the information contained on or accessed through this website whether or not caused by any negligence on the part of  EKC or its agents.

Information or materials which are offensive, pornographic, unsuitable for minors' access or otherwise of a criminal or violent nature may be accessible through this site either as a result of hacking or material placed on linked websites. Eastkentcartons.co.uk makes no representations as to the suitability of the information accessible for viewing by minors or any other person.

You assume all risks associated with use of the web site, including:

* Risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the website or your access to it;

* or the risk that the content of this website and linked web sites complies with the laws of any country.

Your use of this website will be logged for the purpose of security and usage monitoring. Unauthorised use of this website could result in criminal prosecution.

In connection with the use of the eastkentcartons.co.uk web site, in no event will EKC be liable for losses that were not foreseeable to both parties when the contract was made for losses that were not caused by any breach on the part of the supplier for business losses and/or losses to non consumers.

External Web Sites

East Kent Cartons Ltd is not responsible for the content of external web sites linked from EKC.

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