Terms of service

a) Well Catered Packaging Limited (“the Company”) shall sell and the person who accepts the Company’s quotation or who places an order accepted by the Company (“the Customer”) shall purchase goods supplied by the Company subject in either case to these conditions which shall govern the contract to the exclusion of all other terms, conditions and warranties whatsoever (including any which are implied by statute or common law and any which may appear in the Customers order) unless any of the same are specifically agreed in writing by a director of the Company.

b) No variation to these conditions shall be binding unless agreed in writing by a director of the Company.

c) The Company’s employees or agents are not authorised to make any representations as to the description, quality or fitness for any particular purpose of any goods supplied by the Company. If a representation is made or an opinion expressed which materially affects the Customer’s decision to place an order, the Customer should ensure that such details be confirmed in writing by a director of the Company so as to form part of the contract; no liability can otherwise be accepted.

d) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of order invoice or other document or information issued by the Company shall be subject to correction without liability on the part of the Company.

e) Whilst the Company takes every precaution in the preparation of its catalogues and other literature, these documents are for the customer’s general guidance only and the particulars contained therein shall not constitute representations by the Company and the Company shall not be bound thereby.

DELIVERY

2) Delivery

a) Goods to be delivered to the Customer shall be delivered by one or more consignments, as may be agreed between the parties. Where goods are to be supplied by more than one consignment, then each consignment shall be deemed to constitute a separate contract.

b) Each consignment must be inspected in the presence of the Company’s delivery agent.

c) Risk in the good supplied shall pass to the Customer when the goods are delivered to or collected by the Customer or its agents.

d) Notwithstanding clause 2 (a) above, where the Company supplies special printed stock and has specified a last delivery date in its quotation, the Company reserves the right to deliver all such stock covered in the quotation by the last delivery date. Where no last delivery date has been so specified, then the company shall be entitled to deliver the special printed stock covered by its quotation within a reasonable period.

e) Any dates quoted for the delivery of goods are approximate only and the Company shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by a director of the Company in writing. The goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.

PRICES

3) Prices

a) Subject to sub-clause 3 (b) below, the price of the goods shall be the Company’s quoted price or when no price has been quoted (or a quoted price is no longer valid) the price listed in the Company’s relevant price list current at the date of invoice.

b) The price of the goods shall be subject to alteration by the Company at any time before delivery for reasons including, but not limited to, alterations arising from any increase in the costs of the Company which is due to any factor beyond its control such as, without limitation, any foreign exchange fluctuation, alteration of duties, increase in the costs of labour, materials or other costs of manufacture or other overheads, any change in delivery, dates, quantities or specifications for any goods which is requested by the Customer or the failure of the Customer to give the Company adequate information or instructions.

c) The price is exclusive of any applicable Value Added Tax, which the Customer shall be additionally liable to pay to the Company.

PAYMENT

4) Payment

a) Unless agreed otherwise, the Customer shall pay the price of the goods at the time of order notwithstanding that delivery may not have taken place and the property in the goods has not passed to the Customer. Time for payment of the price shall be of the essence of the contract.

b) If credit terms are agreed and payment of the price or any part thereof is not made by the due date, the Company shall be entitled without notice:

i) to charge interest both before and after any judgement on the outstanding amount at the rate of 2% per annum above the Barclays Bank plc Base Rate accruing daily.

ii) appropriate any payment made by the Customer to such goods and/or services supplied under any contract between the Customer and the Company as the Company may think fit (notwithstanding any purported appropriation by the Customer); and

iii) to cancel or suspend delivery of any goods ordered by the Customer, which have not been delivered without incurring any liability to the Customers.

c) The Customer shall have no right of set-off in respect of any claims it may make against the Company.