Standard Terms & Conditions of Trade

 

The following conditions apply to the sale of materials or equipment by Eastpac Group, hereinafter called ‘the Company’. No alterations or additions to, nor exclusion of, any part of these conditions shall be valid in law unless specifically agreed to in writing by a partner of the Company.

Nothing in the Buyer’s Terms of Purchase shall override, cancel or modify any of the Company’s Standard Terms & Conditions of Trade.

The Company reserves the right to accept or refuse an order; in the event of refusal, no expenses or damages of any kind will be payable. No order which has been accepted may be cancelled, except on written acceptance of the terms for the cancellation, which shall indemnify the Company against all loss, including loss of profit. The Company is unable to accept cancellation for orders of goods which have been specially ordered, made or cut to size.

We have a Minimum Order Value of £75.00 + VAT Plus £12.00 Carriage Charge -Orders over £125.00 + VAT are carriage paid to destinations in the UK mainland only. For goods sent to third party addresses a small charge is made for administration.

All prices quoted (including catalogue prices) are exclusive of VAT. All prices are subject to change without notice. Products ordered for immediate delivery are sold at the price ruling at the date of acceptance of the order. Unless otherwise agreed, in every other case products are sold at the prices ruling at the date of despatch.

Charges for goods and services supplied by the company shall be paid for in full on or before delivery or completion, unless the Buyer has an approved credit account with the Company. An application for the opening of a credit account with the Company shall include an undertaking by the applicant that he/she has read and agreed to the Company’s Standard Terms & Conditions of Trade. Where a credit account is opened by a Buyer trading under a Limited Liability Status the director(s) shall jointly and severally guarantee the financial performance & obligations to the Company for all goods and services received.

Where the Buyer has a credit account, payment shall be made by the 20th of the month following date of invoice. If the payment by the Buyer is delayed, the Company has a right to apply a late payment charge of 2.5% of the outstanding balance, with a minimum charge of £10.00, to the account. If payment is further delayed beyond 90 days the Company has the right to charge interest on monies outstanding, at the rate of 4% above base rate per month, or part month on the outstanding balance until payment is received. The Company may, at its absolute discretion, close the Buyer’s account at any time and any balances due shall be paid immediately by the Buyer to the Company. If no business is transacted for the period of a year, credit account facility may be withdrawn.

The risk of goods passes to the Buyer on delivery but equitable and beneficial ownership shall remain with the Company until full payment has been received, including the clearance of any cheques issued (each order being considered as a whole) – or until prior re-sale, in which case beneficial entitlement shall attach to the proceeds of re-sale or to the claim for such proceeds. The property in, and title to, goods supplied shall remain within the Company until the

Buyer has paid the price plus VAT in full, and until no other sums are due to the Company from the Buyer, the Company shall be entitled to enter the Buyers premises and to physically re-possess and remove there from goods supplied by the Company for which payment has not been received. It will be assumed that where the Buyer purchases similar goods from the Company on a regular basis that a stock rotation system has operated and goods still held relate to invoices still outstanding, for which full payment including VAT has not been made.

Pack quantities and dimensions of the products are nominal, while every care is taken to maintain standards.

It is the responsibility of the Buyer to examine goods supplied by the Company and to identify defects in the materials and/or workmanship which might cause damage or injury. Illustrations, descriptions, weight & measurement shall be taken by the Buyer as a guide only, and are not binding in detail. The Company, without notice, reserves the right to make such changes in materials, dimensions and design as are reasonable and desirable. Please note that Random Design Paper Bags are not colourfast and no claim can be made against the Company for the damage caused by colours running or rubbing off the bags.

Advice, information and opinion given by any Partner, Employee of Agent of the Company is given without legal responsibility. Any recommendation or suggestion made by the Company relating to the use of goods is made in good faith, but it is for the Buyer to satisfy themselves of the suitability of the goods for the particular purpose, and he/she shall be deemed to have done so. Care should be taken to test self-adhesive labels on any particular material before bulk use, since no guarantee can be given.

The Company shall not be liable for damage or injury caused by its goods beyond replacement of the goods upon verification of the Buyer’s complaint.

Any period of time named by the Company for the delivery of its goods is an estimate only, and while every effort will be made to deliver on time, the Company will not be liable for any consequences of a delay in delivery. Claims by the Buyer for damage in transit, shortages or non-delivery must be made in writing to the Company within 7 days of the date of delivery.

The Company reserves the right to levy a 15% handling charge on any goods returned. Goods returned must be in saleable condition. However, goods specially ordered for the buyer cannot be returned for credit. Goods returned that are not faulty can only be exchanged for a credit note.

The Company is unable to accept verbal orders for custom- printed products. When proofs are submitted to the Buyer for approval, no liability shall be accepted for any error not corrected by the customer, and should be signed as requiring correction. The Company reserves the right to supply up to 10% over or below the quantity of non- standard items and to charge accordingly.

These Terms and Conditions supersede all prior agreements, whether verbal or written. Any contract to which these conditions apply shall be governed by, and construed with, English Law.