Terms of Business
1. Conditions Applicable
1.1 These Conditions of Sale apply to all contracts for the sale of goods and/or services by us FROMM Packaging Ltd to you to the exclusion of all other Terms & Conditions.
1.2 The placing of a telephone or written order for the goods and/or services by you will be deemed to be an offer by you to purchase the goods and/or services subject to these conditions.
2.1 All illustrations and specifications are given as a general idea of the goods described and do not form part of the contract. We reserve the right at our absolute discretion to make any changes to the goods and/or services which do not in our opinion materially affect the quality of the goods and/or services
3.1 The price displayed is exclusive of VAT and all other applicable taxes of any country; including but with our limitation import taxes, but is inclusive of delivery charges for UK mainland and Northern Ireland (unless otherwise stated). Every effort is made to charge the prices set out in the most current price list, however we reserve the right to increase the price payable for goods and/or services without prior notice and the price payable will be the price set out.
3.2 Orders under £50.00 in value may be subject to an administrative handling charge.
4. Delivery & Packaging
4.1 We will endeavor to deliver the goods and/or commence the services within thirty (30) days of you placing the order but you acknowledge that it may not always be possible to deliver the goods and/or commence the services within this time frame and you agree that delivery of the goods and/or commencement of the services may take longer.
4.2 Delivery dates are estimates only and we shall not be liable for any loss or damage resulting from any delay in delivery. In particular we shall not be liable for any matter which results from any act of God, War or not, Extreme weather, strikes or any other events which are beyond our control.
4.3 We reserve the right to deliver Goods by instalments, each instalment being treated as a separate contract.
4.4 Risk in goods will pass to you on delivery and you should insure accordingly.
4.5 Goods will be delivered at the point most convenient to our carrier. Further transfer or installation within your premises, particularly for large or heavy items, must be arranged prior to delivery and will be charged extra.
4.6 Before signing for the goods in good condition the goods and packaging must be checked carefully. If the packaging is damaged or the goods appear to be damaged or any parts missing, you must inform us immediately having made an appropriate note on the carrier’s delivery documentation.
4.7 Subject to the provisions of clause 7.1, if you do not notify us immediately of such damaged packaging, or parts missing, you may lose the right to reject the goods.
5.1 Credit accounts are opened subject to status and payments are due strictly within 30 days from the date of invoice. If no account is opened, payment is required in full with the order. No set off is permitted for any reason.
5.2 Where only part of the goods ordered is despatched payment shall be made of the contract price attributable to that part.
5.3 Payment by cheque shall be treated as received once your cheque has cleared. In the case of late payment we reserve the right to charge interest at the daily rate of 4% per annum above the base rate of HSBC Bank PLC both before and after judgment.
5.4 If any payment falls into arrears or you are the subject of any insolvency or related proceedings you must immediately notify us and we will have the right to cancel or postpone any contract, wholly or in part, and to be paid immediately for performance or part performance of any contract to date.
5.5 If you place an order for goods for which we are required to tailor the goods to your specification, or the quantity is such that we are required to place a specific order with our suppliers, we may ask for payment in full in advance.
6. Ownership of Goods
6.1 You will own goods only once we have received payment in full of all sums owed by you. Until such time you must keep such goods separate from your property, clearly identified as our property, and insured to their full reinstatement value. The proceeds of any insurance claim will belong to us. You shall allow us to enter your premises at any time in normal hours to recover and/or resell goods for which payment has not been received.
7. Cancellation and return of goods
7.1 If you have ordered goods as a consumer (as defined by the distance selling regulations 2000) you may cancel the order at any time within seven (7) days of receiving the goods without liability to us, except any direct cost incurred by us in relation to the goods being returned and will refund to you any part of the price of the goods that we have received, provided that the goods have not been specifically tailored to your specifications, or personalised, or the goods by their very nature cannot be returned or are liable to deteriorate.
7.2 Subject to the provisions of clause 7.1 (a) You may only cancel a contract with our prior written consent and on the basis that you will indemnify us against any costs or consequent losses: (b) We will not accept the return of goods by you for any reason without our prior written consent and you may be asked to pay any handling charge associated with the return of any goods for any reason whatsoever.
8. Warranties and Liability
8.1 In respect of all goods that for a period of one (1) year form the date of delivery of the goods we will at our sole discretion, repair or replace any defective goods (or the part in question) arising from defective workmanship on our part within a reasonable period of time or refund to you the price) or proportionate part of the price)
8.2 The warranty set out in clause 8.1 will not apply and we will not be liable for any defective goods where and to the extent that a) the defect arises as a result of the condition of your premises: b) the defect arises as a result of your negligence or (if you are in business) the negligence of your employees or subcontractors; c) the defect arises as a result of fair wear and tear, accident, misuse, wilful damage, or abnormal working conditions: d) the defect arises as a result of any defective parts, materials or equipment used in conjunction with the goods not manufactured by us; e) you make any further use of the goods or attempt to repair it or have it repaired by someone other than us after giving written notice of the defect to us; and/or f) the defect arises because you have failed to follow our instructions (whether oral or in writing) as to the storage, assembly, installation, commissioning, use or maintenance of the goods.
8.3 In some cases where we are not the manufacturer of goods, you may be covered by the manufacturers warranty and where we are permitted to do so by the manufacturer, we will refer you to such warranty.
8.4 Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.5 Where the goods are sold under a consumer transaction (as defined by the consumer transaction restrictions on statements order 1976) your statutory rights are not affected by these conditions.
8.6 No terms relating to care and skill shall be incorporated into these in relation to the provision of the services other than that we shall perform the services with reasonable care and skill.
9.1 Claims for loss or non delivery of goods, short delivery or non compliance with description must be notified in writing to us as provided in the invoice/delivery/packing note and in any event within seven days of the delivery date. Original packaging must be returned with any goods returned for any reason whatsoever. Claims will only be considered if these conditions are met. Our liability shall be limited to replacement of the goods or a refund of the proportion of the price attributable to goods undelivered or damaged at our option.
10. Export Sales
10.1 The Uniforms Laws on International Sales Act 1967 will not apply
10.2 All goods will be sold on an ex works basis unless we agree otherwise in writing
10.3 You will be responsible for complying with any legislation or regulation governing the export of the goods from the United Kingdom and the importation of the goods into the country of destination and for payment of any relevant duties or taxes.
10.4 You shall make payment in pounds sterling in advance of delivery of the goods or if we agree in writing, either by way of an irrevocable letter of credit confirmed by a UK clearing bank at your expense, or on an account basis which we may open at our discretion and which must be settled by you strictly within 30 days from the date of the invoice.
10.5 We shall be under no obligation to give you notice as specified in section 32(3) of the sales of goods act 1979 and the goods shall be at your risk during both sea transit and air transit and from the points the goods leave our premises. Title in the goods shall pass to you on receipt of payment in full of the price.
10.6 Section 26(3) of the unfair contract terms act shall apply and all liability for death or injury arising directly or indirectly from the sale of the goods in circumstances where your main place of business or habitual residence is outside the United Kingdom shall be expressly excluded to the fullest extent permissible by law.
11. Entire Agreement
11.1 These conditions and the contract formed pursuant to them represent the entire agreement between you and us relating to the purchase of the goods and/or the services and supersedes all prior agreements, arrangements and undertakings between you and us relating to the goods and/or the services and you agree that you will have no remedy in respect of any untrue statement innocently or negligently made by or on behalf of us prior to entering into the contract which you relied upon in entering into the contract whether such statement was made orally or in writing. Nothing in these conditions shall exclude or limit our liability for fraudulent misrepresentation, death or personal injury caused by our negligence.
12. Governing Law
12.1 These condition and any contract between us shall be subject to and construed in accordance with English Law