TERMS AND CONDITIONS

The following Conditions of Sale shall govern all transactions with Wisden Packaging Ltd or its subsidiary Companies except as otherwise Specifically agreed in writing by the seller.

Quotations

Quotations are subject to confirmation on receipt of order.

Cost Variation

Prices are subject to revision in the event of any increase in costs incurred by the seller between the date of confirmation or order and the date of delivery to the buyer.

Tax

The seller shall be entitled to charge the amount of any Value Added Tax or similar payable whether or not included on the quotation or invoice.

Delivery and Payment

1) Delivery of work shall be accepted when tendered and thereupon or on notification that the work has been completed.

2) Reservation of Title:

a) Title of Goods in the work shall remain in the Seller until payment in full of the purchase price.

b) Notwithstanding that the Title remain in the Seller the risk of loss or damage shall pass to the Customer on delivery of the works as defined in Clause 4 (a) hereof.

c) If notwithstanding that the Title shall remain in the Seller the Customer shall sell or dispose of the work in such a manner as shall pass the property to a third party the proceeds of sale received by the Customer shall belong to and be held in Trust for the seller.

d) Should expedited delivery be agreed and necessitate overtime or other additional costs, an extra charge maybe be made.

e) Should work be suspended at the request of, or delayed through any default of the Customer for a period of 30 days the Seller shall then be entitled to payment for work already carried out and materials specially ordered.

f) Where contracts provide for deferred deliveries, such deliveries shall be accepted as specified in the contract (or as soon thereafter as ready) provided that all deliveries shall be accepted within three months from the date specified of the first delivery.  In the event of failure to accept any delivery, the balance remaining undelivered shall be invoiced (payment for such balance immediately thereupon becoming due) and storage costs charged to customer’s account, the goods being held at customer’s risk.

g) Any failure or defect in any one delivery shall not vitiate the contract as to the remaining deliveries.

h) While every effort will be made by the Seller to effect delivery in accordance with any pre-arranged dates, no guarantee as to dates of delivery by the Seller is to be implied and the Seller will not accept liability for any loss or damage occasioned by delay in delivery however caused.

Terms

1) Net cash 30 days from date of invoice.

2) In the case of contracts involving more than one delivery, if default is made in payment on due date for any one delivery, the Seller at his option shall be entitled to treat the contract as repudiated by the Buyer and to claim damages accordingly.

3) An order once placed, cannot be cancelled except by mutual agreement and then only on terms which would fully indemnify the Seller.

4) We reserve the right to charge interest, within current legislation guidelines, on any outstanding monies still unpaid on or after agreed due date.

Quantity Variations

A shortage or surplus, charged pro rate, not exceeding 10 per cent, will be considered due execution of any order.

Designs

All sketches, samples or original designs of any type remain the property of the Seller.

Standing Matter

1) All plates, positives, dies, type matter (metal or film), artwork, moulds, stereotypes, electrotypes used by the Seller in the production of the order shall remain his exclusive property whether or not the work entailed in the production of these items is charged separately or not.

2) Type may be distributed and lithographic, photogravure, or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.

3) Alterations from original copy on and after first proof including alterations in style or construction will be charged extra. Proofs of all work may be submitted for Customer’s approval and no responsibility will be accepted for any errors in proofs which may be passed by him.

Claims

Complaints or claims will only be entertained if lodged by the Buyer within seven days of receipt of goods by him, or if related to the transport of the goods within such times as will enable the Seller to comply with the time limit and procedure of the carrier by whom the goods were transported. The return of goods will not be accepted unless the Seller or his representative shall first have had the opportunity of examining same.

Limitation of the Sellers Liability

Any express or implied statement, condition or warranty, statutory or otherwise, not stated is hereby excluded and deemed to be inconsistent herewith; and no responsibility is accepted by the Seller for any damage or loss arising directly or indirectly out of goods supplied or for any damage or loss arising by reason of any failure of the goods to comply with specification.

Insurance

Customer’s property and all property supplied to the printer by or on behalf of the Customer will be held, worked on, and carried at Customer’s risk. Note: ownership of finished work passes as defined in clause 4(b).

Material

Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for, this cannot be guaranteed.

Material Supplied by Customer

The Seller may reject any paper, plates or other materials supplied or specified by the customer which appears to him to be unsuitable.  Additional cost incurred if materials are found to be unsuitable during production may be charged.

Where materials are so supplied or specified, responsibility for defective work will not be accepted by the Seller unless this is due to his failure to use reasonable skill and care.

Illegal Matter

The Seller shall not be required to print any matter which in his opinion is or may be of any illegal or libellous nature.

The Seller shall be indemnified by the Customer in respect of any claims, costs or expenses arising out of any libellous matter printed for the Customer of any infringement of copyright, patent or design.

Periodical Publications

A contract for the printing of periodical publications may not be terminated by either party unless written notice is given as follows:

Nature of publication                Length of Notice
(Given at any time)

Weekly                                            13 weeks
Fortnightly
Monthly

Two monthly                                 26 weeks
Quarterly

Nevertheless, the Seller may terminate any such contract forthwith should any sum due thereunder remain unpaid.

Force Majeure, etc.

The performance of all contracts is subject to variation or cancellation by the Seller owing to any Act of God, War, Strikes, Lockouts, Fire, Flood, Drought, Tempest or any other cause beyond the control of the Seller owing to any liability by the Seller to procure materials or articles required for the performance of the contract and the Seller shall not be held responsible for any inability to deliver caused by such contingency.

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the Law’s of England.