(b) Terms of payment are 30 days following the end of the month of the date of invoice. The Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The price is to be paid without any deduction, set-off or counterclaim. Time for payment of the price shall be of the essence of the contract. Payment is not to be delayed by the Buyer’s own inspection arrangements. Where the Goods are delivered by instalments payment for one instalment is not to be withheld by reason of query on any other instalment. Where payment is overdue in respect of some goods payment in respect of all goods supplied to that Buyer shall immediately become due and payable and enforceable by action.
(c) Interest at the rate of four per cent per annum above the Official Dealing Rate of the Bank of England will be charged by the Seller on overdue payments and shall be payable by the Buyer from the date upon which any payment becomes due until actual payment is received by the Seller.
(d) In the event of the Buyer making a voluntary arrangement with creditors or becoming bankrupt or subject to an administrative order or going into liquidation or a receiver being appointed or if the Buyer ceases, or threatens to cease, to carry on business the price shall become immediately due and payable notwithstanding any agreement or arrangement to the contrary.
(b) If the Buyer alleges any defect in quality of the Goods or if the Goods shall be found to be not in accordance with the terms of this contract and if the Seller shall after it has had a reasonable time to investigate accept that this is the case the Seller shall have the option of replacing the Goods without charge to the Buyer or requiring the return of the Goods and refunding any sums paid by the Buyer and the Buyer’s rights shall be limited to replacement of the Goods or refund of any sum so paid.
(c) The Seller shall in no circumstances be liable for consequential loss, loss of profit or goodwill or damage of whatsoever nature arising from defects in the Goods supplied unless the Buyer shall have made known to the Seller in writing the purpose and intended use of the Goods and the conditions of such purpose and use prior to the date of the contract. In such event the Seller shall only be liable to the Buyer for a sum not exceeding the contractual sum payable for the Goods or if the Goods are to be delivered in instalments for such instalment of the Goods except in respect of death or personal injury resulting from the negligence of the Seller or its servants or agents. If the Buyer shall require the Seller’s liability under this paragraph to be increased it shall prior to entering into the contract with the Seller so notify the Seller in writing whereupon the Seller will confirm in writing its willingness or otherwise to enter into the contract and any revision of or addition to the contract sum.
Quantity Ordered Permitted Variation (plain) Permitted Variation (Ptd. Film)
Over 1 Tonne 10% 20%
500 to 999kgs 15% 30%
350 to 499kgs 25% 35%
Less than 350kgs 35% 40%
being allowed for over make or shortage the same to be charged for or deducted. Thickness given is calculated plus or minus ten per cent. Size given is calculated at plus or minus five per cent. In no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, which is so slight that it would be unreasonable for him to reject them.
(b) Suitability and fitness for purpose of the Goods for any specific purpose is not guaranteed by the Seller unless the Buyer has made known to the Seller in writing the purpose and intended use of the Goods and the conditions of such purpose and use prior to the date of the contract.
(c) The property in any rejected Goods shall revert to the Seller.
(d) All products are manufactured to tolerances as specified in BS6642 and the PIFA Voluntary Standards 1/74, 2/74, 3/79, 4/80, 5/81, 6/83a, 7/86, 8/88, 9/88, 10/88, 11/88, and British Paper & Board Trade Custom issued by BPBIF.
(e) In the case of sale by sample the Goods are not sold as being in conformity with the samples even though samples may have been supplied by the Seller.
(f) Where the Buyer has specified that the Goods shall be of a certain colour or size such specification shall be subject to a reasonable commercial variation.
(b) A further charge may be made to cover any initial work involved where a copy supplied is not clear and legible.
(c) All sketches and origination work prepared by the Seller shall remain the property of the Seller unless specifically paid for by the Buyer.
(d) In the case of printed materials all alterations from the original copy on and after the first proof including alterations in style will be charged extra. No responsibility will be accepted for any errors in proof which have been accepted in writing by the Buyer.
(a) Where the Goods are delivered by the Seller or its agents when the Goods or packages in which the Goods are contained are off loaded from the Seller’s or its agent’s vehicles.
(b) When the Goods are collected by the Buyer or his agent when the Goods or the packages in which they are contained are loaded onto the vehicle provided or used by the Buyer or by his agent.
(b) The Seller may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
(c) Until such a time as the Buyer becomes the owner of the Goods he shall hold them as the Seller’s fiduciary agent and bailee and will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Seller and the Buyer shall keep the Goods properly protected and insured.
(d) Until such time as the Buyer becomes the owner of the Goods he shall not be entitled to resell or use the Goods in his ordinary course of business
(e) If goods, the property of the Seller are mixed with the Goods the property of the Buyer or are processed with or incorporated therein the product shall become and/or shall be deemed to be the sole and exclusive property of the Seller.
(f) If goods the property of the Seller are mixed with goods the property of any person other than the Seller or are processed with or incorporated therein the product thereof shall become and/or shall be deemed to be owned in common by the Seller and that person in the proportion which the values of the respective goods bear to each other.
(g) 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 moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) become due and payable forthwith.
(h) If the provisions of any sub-clause or sub-clauses of this clause are held to be invalid such invalidity shall not extend to the provisions of any other sub-clause hereof.