General Terms & Conditions
Thank you for using our products and services. The services are provided by Protective Packaging Ltd, located at Unit 3, Gateway, 1 Opus Close, Carrington, Manchester, M31 4RQ.
By using our services, you are agreeing to these terms and conditions. Please read them carefully.
- In any way which causes, or may cause damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- In any way which is harmful, unlawful, illegal, abusive, harassing or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
All content included on the Website, unless uploaded by Users, is the property of Protective Packaging Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by Users. By continuing to use this Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior, written permission.
You may for your own, non-commercial use, only do the following:
Retrieve, display and view the Content on a computer screen.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Protective Packaging Ltd.
All orders are accepted and all contracts are made subject to the Terms which shall prevail and be effective notwithstanding any variations or additions contained in any order or other document submitted by you including without limitation your standard conditions of purchase. No modifications of these Terms shall be binding upon unless made in writing by a director of ours.
Every acceptance by you of any quotation shall be deemed an offer by you to purchase Goods from us on the terms of the Quotation and will not be binding on us until we have given written acceptance of such offer to you.
You shall be responsible to us for ensuring the accuracy of the terms of any order submitted by you and for giving us any necessary information relating to the Goods with sufficient time to enable us to perform the Contract in accordance with its terms.
The quantity, quality and description of and any Specification for the Goods shall be those set out in the Quotation or your order (if accepted by us).
If you require the goods to undergo testing in excess of that ordinarily carried out by us, then you shall notify us prior to placing an order. Such additional testing shall be the subject of a separate agreement between the parties and may include the recovery of our extra costs incurred.
Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by one of our Directors in writing. In entering the Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
Any advice or recommendations given by us or our employees or agents to you as the storage, application or use of the Goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.
Pricing and Payment
Unless otherwise agreed in writing between us, the Price shall not include Delivery. The Price is exclusive of any VAT for which you shall be additionally liable.
Unless otherwise agreed in writing between us the Price shall not include packaging costs.
We shall be entitled to send the invoice for the Goods when the goods have been despatched or when they are ready for despatch but are prevented or delayed from being despatched due to Force Majuere. You shall pay any amount due in accordance with the Payment Terms by cash, cheque, credit card or BACS telegraphic transfer.
If you fail to make any payment within accordance with the Payment Terms then without prejudice to any other right or remedy available to us we shall be entitled to: – cancel the current Contract or suspend any further Delivered to you; and
- appropriate any payment made by you to any good supplied under any other contact between us as we may think fit;
- charge interest to accrue on a daily basis at the rate of 2% per month from which payment falls due to the actual date of payment such interest to be paid monthly; and
- demand payment of all outstanding balances from you whether due or not and/or cancel any outstanding orders and/or decline to make further Deliveries (under this or any other contract between us) except upon receipt of cash or satisfactory securities;
- recover the Price notwithstanding that Delivery may not have taken place and the property in the Goods has not yet been passed to you.
You shall not be entitled to withhold or set off payment for Goods for any reason whatsoever.
In addition to any right or lien to which we may by law be entitled we shall in the event of your insolvency or you failing to render payment for any Goods supplied by us when due be entitled to a general lien on all goods of yours in our possession for the unpaid price of any Goods sold and delivered by us under the same or any other contract.
In addition and without prejudice to our other rights we may on fourteen days’ notice to you sell any goods of yours on which we have a lien and shall be deemed your agent for the purposes of effecting such sale. We may apply the proceeds of sale towards the satisfaction of sums due from you without prejudice to our right to recover the balance thereof from you.
Any date or period set out in a Quotation or our acceptance of order or which is otherwise agreed by us and you for Delivery is approximate only and time shall not be of the essence for such Delivery. If we are prevented from delivering any Goods at the time provided for Delivery by Force Majeure the period for Delivery shall be extended by the time lost due to such Force Majeure. Details of Force Majeure will be forwarded by us to you as soon as reasonably practicable.
Subject to the above, should you fail to take delivery on or before the Delivery Date we shall be entitled:
- if we have not already done so to invoice such Goods forthwith and to take the invoice into account;
- to treat the Contract as repudiated by you and without prejudice to any other right we may have against you we shall be entitled to resell the Goods and shall be entitled to be indemnified by you for any Loss which we suffer.
If the Goods are to be manufactured by us in accordance with a specification by you, you shall indemnify us against all Loss suffered by us in connection with any infringement claim by a third party relating to such goods.
You shall be responsible for supplying reliable and accurate information to us (including, without limitation, drawings, plans and designs) to enable us to manufacture the Goods We shall be entitled to assume that all information supplied by you is accurate, fit for purpose for which it is supplied and that we can rely upon the same. We shall not be liable for any Loss or delay in Delivery of the Goods which directly or indirectly arises from your failure to supply accurate information.
You shall indemnify us against all Loss suffered by us which arises as a result of the breach by you of any provision of the Contract or your breach of stator duty or your negligence or the negligence of any of your representatives.
You shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon. In particular, if any license or consent of any government or other authority shall be required for the acquisition, carriage or use of the Goods by you, you shall obtain the same at your own expense and if necessary produce evidence of the same to us on demand. Failure to do so shall not entitle you to withhold or delay payment of the Price. Any additional expenses or charges incurred by us resulting from such failure shall be for your account.
Subject as expressly provided herein all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law and we shall have no liability to you other than as expressly set out herein.
Any Specification supplied by us shall be approximate only and for information and guidance only and shall not form part of the Contract.
You are advised to inspect and shall be deemed to have inspected the Goods upon Delivery and we shall have no liability to you in relation to damage to the Goods in transit which was apparent on inspection or which would have been apparent upon reasonable inspection unless such damage is notified to us in writing with 24 hours of Delivery specifying (in such detail as we reasonably require) the damage to the Goods.
We shall have no liability to you in relation to non-delivery of the Goods unless such non-delivery is notified to us in writing within three days of the delivery date.
Where any valid claim in respect of short delivery or non-delivery of or damage to the Goods is notified to us in accordance with these Terms, we shall be entitled to supply good to remedy any short delivery or non-delivery or damage free of charge or, at our discretion, refund to you the price of the Goods but we shall have no further liability to you.
Any claim based upon a defect in the quality of the Goods or failure of the Goods to meet their Specifications must be made in writing by you within one month of the date of delivery of Goods. Notwithstanding any provision to the contrary set our herein our total liability to you under the Contract shall not exceed the total value of the order in relation to which liability arose.
If any valid claim is made by you in accordance with the above, we shall be entitled at our sole discretion to:
- replace the defective Goods or parts thereof free of charge; or
- refund to you the price (or proportionate price) of the defective Goods;
- and in either case, we shall have no further liability to you.
We shall have no liability to you under or arising out of or otherwise in connection with the Contract or the supply of Goods by us to you and/or their use or resale by you in contract tort including negligence or breach or statutory duty or by reason of any representation (unless fraudulent) or any implied warranty condition or other terms or any duty at common law or otherwise for loss of profit, business, contracts, revenues or anticipated savings or for any special indirect or consequential damage or loss of any nature or for the cost of recall of any Goods except as may otherwise be expressly provided for in these Terms.
The risk in the Goods shall pass to you immediately upon Delivery or if you wrongfully fail to take Delivery of the Goods at the time when we have tendered Delivery of the Goods.
Until payment by you in full of the Price and any other monies due to us in respect of all other products and services supplied or agreed to be supplied by us to you (including but without any limitation any costs of Delivery) the property in the Goods shall remain ours and you shall hold the same as the fiduciary agent of the bailee for us and accordingly you shall store the same separately from any items owed by you or any third party and shall appropriately identify and mark the same as being our property and you will insure such Goods for their replacement value with a reputable insurer and note our interest on any policy documents.
Until such time as property in the Goods has passed to you (and provided that the Goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the Goods to us and if you to do so forthwith we or our agent may enter your premises and take possession of any Goods in which property remains ours and remove and dispose as we think fit. We shall apply the proceeds of disposal (after deduction of all expenses) in discharge of the amount by you.
Save as may be otherwise agreed in writing between us where Goods are supplied for export from the United Kingdom we shall not be obliged to give you the notice specified in Section 32(3) of the Sales of Goods Act 1979.
Default in or commit any breach of any of your obligations to us under these Terms; or
Be involved in any legal proceeding in which your solvency is in question or serious doubts shall exist as your solvency;
Then in any such case we shall immediately become entitled (without prejudice to our other claims and rights under the contract) to suspend further performance of the Contract for such time as we shall in our absolute discretion think fit or (whether or not notice of a suspension shall have given) to treat the Contract as wrongfully repudiated by you and forthwith terminate the Contract (either with or without notice to you) and if the Goods have been delivered but not paid, for the Price shall become immediately due and payable notwithstanding any previous agreement to the contrary.
We shall not be liable for any failure to perform or for any delay in the performance of our obligations hereunder caused by Force Majeure.