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TERMS & CONDITIONS OF SALE
These conditions apply to all contracts for the sale of goods and the supply of services by TPL Labels Limited (TPL) and override all conditions stipulated by the buyer. Nothing in these conditions affects the buyer's statutory rights.
1. Delivery dates are approximate only. Every reasonable effort will be made to meet these but TPL will not be liable if any delivery dates are not met. Neither delivery date nor time given shall be or be capable of being made of the essence of the contract.
2. No goods will be accepted for return without the prior written agreement of TPL. A handling charge will be made where goods are accepted for return for any reason other than faulty manufacture.
3. The price to be paid for the goods will be TPL's List Price prevailing on the date of despatch of the goods. Prices are subject to alteration without notice. Orders based on estimates or quotations are not binding until accepted in writing by TPL, and are valid only for the period stated therein.
4.1 Where a credit facility has been approved by TPL payment for goods shall be made within thirty days of the month end following the invoice date (due date). Payments can also be made by BACS transfer, all major credit cards or by cheque.
4.2 TPL shall have the right to claim and be paid interest at the rate of four per cent per annum above the base rate of Clydesdale Bank Plc, calculated from the due date until the date payment is made, both before and after any Judicial Decree. Nothing herein shall entitle the buyer to withhold or delay any payment due to TPL after the due date or prejudice TPL's rights in relation to said non-payment.
4.3 Should the buyer fail to make payment by the due date, TPL reserves the right, without prejudice to any other remedy which it may have, to cancel the contract and/or any other contract between the buyer and TPL and/or to suspend delivery until payment has been made.
5. In any order for goods of a type or description not normally held in stock by TPL, and therefore specially made ordered or imported by TPL to meet such order, then the buyer agrees to accept goods 10% more or 10% less than ordered, the total price of the order to be correspondingly adjusted.
6.1 If the goods or any part thereof are damaged or lost in transit, TPL will at its sole option, either replace such goods or such part thereof, or refund to the buyer the cost or price of the same. The liability of TPL shall not exceed the cost of replacement or the price paid by the buyer for the same. No claim for consequential loss shall be competent.
6.2 TPL shall not be liable under 6.1 above unless the following conditions are strictly complied with. (a) Non delivery of a whole consignment of goods must be notified to TPL in writing within 10 days of the invoice date.(b) Consignments must be inspected in the presence of the carrier. If any goods are damaged or lost the consignment note must be endorsed accordingly and the buyer must notify TPL within forty-eight hours of delivery, such notification to be confirmed in writing within the following five days. Claims cannot be accepted in respect of goods signed for "UNCHECKED".
7. Complaints by the buyer in respect of goods alleged to be defective shall not entitle the buyer to withhold payments of accounts due to TPL from the buyer and shall not give any right of set-off against payments due from the buyer to TPL.
8.1 If goods supplied or processed by or on behalf of TPL prove on inspection to be defective in material or workmanship TPL undertakes at its option to replace the same or refund to the buyer the price of the goods. TPL's liability will not exceed the cost of replacement or the price paid by the buyer for the goods.
8.2 The buyer shall determine the suitability of the product for its intended use and shall not rely upon any representations made by or on behalf of TPL.
8.3 Save as stated in 8.1 above,and without prejudice to the buyer's statutory rights, TPL will not be liable for any loss or damage whether direct, indirect, consequential or otherwise, suffered by the buyer or any other person, arising from the supply of goods by TPL or from their use or from any defect or failure in performance of the goods or otherwise, howsoever caused or occasioned (except for death or personal injury resulting from TPL's negligence).
8.4 All warranties and conditions whatsoever, whether express or implied by statute or common law, are excluded.
9. All designs, artwork, plates, tooling and other origination work and materials remain the property of TPL.
10. Some materials supplied may be subject to deterioration in the quality of the inks, dyes, adhesives or other factors, resulting from excessive storage times or unsuitable storage conditions. No claims will be accepted in respect of such deterioration.
11. TPL accept no responsibility for the content of any printed material and the buyer must ensure that this complies with all relevant legislation and regulations. Any machine readable codes incorporated by TPL in any product must be checked by the buyer on receipt of the goods. The buyer shall fully indemnify TPL against claims arising out of an error in coding. No responsibility will be accepted for any errors in proofs passed by the buyer.
12. If a receiver is appointed to a buyer's property or assets or any part thereof, or if a court order is made or resolution passed for the winding up of the buyer (except for the purpose of amalgamation or reconstruction), or if the buyer commits any act of bankruptcy, or has any bankruptcy petition presented against him then TPL shall be at liberty forthwith by notice in writing to the buyer to cancel all orders and contract or any part thereof remaining unfulfilled between TPL and the buyer.
13. (a) TPL shall retain title in goods supplied by them until payment for these goods has been received.
(b) For the purpose of passing of risk, the time of passing of risk shall be the time of delivery of the goods.
(c) TPL may reclaim goods at any time prior to payment. TPL may enter the buyer's premises for this purpose. TPL shall have power of sale, use or disposal of goods reclaimed.
14. All contracts between TPL and the buyer shall be governed by and construed in accordance with the Laws of Scotland and the buyer agrees to submit to the jurisdiction of the Courts of Law in Scotland in respect thereof.
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