Terms and Conditions
1. CONDITIONS OF SALE
Except where otherwise agreed by Forms Plus Ltd, (The Company) the following standard conditions of sale together with the conditions set out in any other document supplied by the company shall be deemed to be part of these conditions as if included herein and shall apply to every contract between the Company and the Buyer. Any written correspondence relating to these Conditions of Sale should be addressed to The General Manager, Forms Plus Ltd, Water Ma Trout Industrial Estate, Helston,Cornwall TR13 0LW.
2. WARRANTIES
(a) The Company shall not be bound by any oral warranty or representation given made on its behalf unless confirmed in writing. Any inside term, condition or warranty statutory or otherwise as to the quality of the goods sold including without prejudice to the generality of the foregoing whether they be satisfactory or of satisfactory quality or their fitness for any particular purpose or as to their correspondence with any
description or sample given by or on behalf of the Company hereby excluded.
(b) Whilst every endeavour will be made to supply material in accordance with the quality of Samples submitted or quoted for, the contract is not a contract of sale by sample.
3. QUOTATIONS
All quotations are for information only and are binding on the Company only and when to the extent that it is incorporated in an order which the Company has accepted in writing but subject as hereinafter written.
4. TERMS
(a) All prices are subject to fluctuation and the actual prices charged by the Company shall be the prices ruling at the date of despatch. The Company shall be entitled to charge the Buyer Value Added Tax (where applicable) on the net price of items at the rate in force at date of despatch. Payment is due 30 days following the month of invoice unless agreed otherwise.
(b) The Company reserve the right to charge interest at 2% per annum over Bank of England minimum lending rate on any overdue account.
(c) The Company reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as without limitation, any foreign exchange fluctuation, currency regulation, alterations in taxation, alteration of duties, significant increase in the costs of labour, materials or
other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, of any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate information or instruction.
5. DELIVERY
All goods are sent Carriage Paid unless at the Buyers request goods are forwarded by any special transport, the difference in cost between such modes of delivery and the Company’s usual mode of delivery will be charged to the Buyers account. The Company shall not incur any liability or obligation for any direct loss arising from nondelivery/ or delay in delivery of any goods from whatsoever beyond its control. The
Company cannot accept responsibility in respect of non-delivery of goods unless the Buyer informs the Company in writing 14 days from the date of invoice. If consignments are delivered damaged or with part contents missing they must be signed for accordingly and notification sent in writing to the Company within 5 days of delivery.Unless otherwise agreed in writing the Buyer shall be bound to accept the goods
ordered by him on notification that they are ready for delivery. If the Buyer fails to take delivery the Company shall be entitled:
(a) to charge at the rates giving an economical return for handling and storage of such goods from the invoice date to the eventual dates of delivery to the Buyer and/or
(b) to invoice the goods whereupon payment in full shall become due forthwith and/or
(c) to treat the contract as at an end and to re-sell the goods and/or
(d) to dispose elsewhere under the power of sales referred to above.
6. QUANTITY VARIATIONS
Standard British Paper Industry Federation terms will apply.
7. DESCRIPTION OF GOODS
All descriptions and illustrations contained in any catalogues, price lists, advertising matter and other literature of the Company are intended merely to present a general idea of the goods described therein and none of them shall form a part of the contract.
8. CUSTOMERS DEFAULT
The Company may without prejudice to any of its other rights against the Buyer rescind the contract or suspend delivery under it if
(a) any sum is owing and overdue by the Buyer to the Company and/or
(b) the Buyer is in breach of any terms of the contract and/or
(c) the Buyer enters any composition or arrangement with its creditors or becomes bankrupt or insolvent.
9. CANCELLATION
The Company reserves the right to make a cancellation charge where a Buyer cancels an order any time after it has been accepted by the Company. The Buyer acknowledges that the Company may not be able to use for any other buyer either materials charged or machine time booked for the production of the Goods ordered by the Buyer. Any cancellation charge made by the Company shall therefore include the cost of any materials ordered and machine time booked at the date of cancellation which, in the opinion of the Company, may not be used for any other Buyer.
10. LIMITATIONS OF COMPANY LIABILITIES
In all matters relating to usage of goods the Company shall be entitled to assume that the Buyer is fully congnisant of trade specifications and conditions and uses professional judgement as to suitability and conditions of use. Any technical advice furnished to the Buyer or user without charge in regard to use of the goods is furnished on the basis that it represents the Company’s best judgement in the circumstances but that if it is used at the Buyers risk. No liability shall attach to the Company for any loss or damage however arising from the use or conversion of the
goods and the Buyer will indemnify the Company in respect of any claim by third party for loss or damage resulting as aforesaid and for any illegal or libellous matter printed for the Buyer and in any infringement of copyright, patent, trade mark or design. In no circumstances, shall the liability of the Company for damage of any kind, including consequential loss arising from any contracts for the supply by the Company of goods,
exceed the quoted price or invoice value of the goods concerned. Claims in respect of any alleged defect in the quality or specification of the goods supplied must be made to the Company in writing within 14 days of delivery. If any fault either in materials or workmanship is proved by the Buyer to have be occasioned before such goods are despatched from the Company’s premises, the Company will at their option replace
such goods or credit the invoice price of such goods provided the goods are returned to the Company within one month of receipt of a complaint in writing.
11. CUSTOMER’S STOCK AND PRINT MANAGEMENT
In the case of goods which have been produced to the specification and/or bear the name of the Buyer or the Buyer’s customer as the case may be (customer’s stock), the Buyer undertakes to purchase at the contract price all stocks of customer’s stock in finished and unfinished form which the Seller holds for the purpose of fulfiling the Buyer’s requirements. Where, at the request of the Customer, the Company agrees to
provide storage of goods for a period of time (the initial storage period), the Company shall be entitled to charge storage for any goods undelivered at the end of the initial storage period. Storage shall be charged at the rate of £10 per pallet (or such greater sum as the Company shall from time to time deem reasonable) for each month or part of a month of excess storage up to and including the date of delivery of the goods. In addition, the Company shall be entitled to charge interest on the invoice price of the goods in storage for the same period of excess storage at the rate of 5% per month. As an alternative to charging storage, the Company may invoice the Goods and deliver them at it’s own convenience. The Company accepts no liability in the event of any deterioration in the quality of goods after the initial storage period.
12. BUYER’S PROPERTY
The Buyer’s property when supplied to the Company will be held at the Purchaser’s risk. Every care will be taken by the Company to secure the best results from such materials but no responsibility will be accepted for imperfect work caused by defects in or unsuitability of the materials supplied.
13. TITLE AND RISK
(a) Notwithstanding delivery and the passing of risk, the property in the Goods shall remain in the Company until the Buyer has paid all monies owed by it to the Company under this or any other contract or otherwise. If any of the Goods are processed into,incorporated in, used as materials for, or mixed with other goods or materials prior to such payment the property (but not the risk) in the whole of such goods or materials
shall pass to the Company at the moment of such processing, incorporation, use or admixture and shall remain with the Company until payment of all such monies as are specified in this condition. Until such payment is made the Buyer shall possess all Goods and materials the property in which is vested in the Company by virtue of this condition on a fiduciary basis only and, if the Company so requires, the Buyer shall
store such Goods and materials at no cost to the Company so that they are clearly identified as belonging to the Company. If any payment is overdue the Company may (without prejudice to any of its other rights and remedies) recover and resell any or all of such Goods or materials and may enter upon the Buyer’s premises for that purpose. The Buyer has the right to sell for the account of the Company and Goods or materials the property in which is vested in the Company by virtue of this condition. In such event the Company shall be entitled to, and the Buyer shall be under a fiduciary duty to account to the Company for, the proceeds of such sale to the extent that any monies are owed by the Buyer to the Company. In addition, the Company shall be entitled to make a claim directly against the Buyer’s customer for any purchase monies unpaid by the customer and the Company shall be entitled to retain from any monies recovered from the customer all monies due to the Company from the Buyer plus all costs and expenses involved in making the claim. If there is any excess the Company will return this to the Buyer.
(b) Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by the Buyer upon delivery of the same to him.
14. FORCE MAJEURE
(a) No liability is accepted by The Company for any direct or indirect loss arising from non-delivery or delay of any goods caused by Act of God, Riot or Civil Commotion,Strike, Lock-Out, Fire, Flood, Drought, Act of Government, Failure to Obtain, or Shortages of Raw Materials or any cause whatsoever beyond it’s control.
(b) All contracts shall be governed by English Law. The Buyer accepts the jurisdiction of the English courts. Any arbitration shall take place in the country of the Seller unless otherwise agreed.
