1 Orders are accepted subject to these terms & conditions together with the Agreement between Kapur Plastipack Ltd and all customers. If any documentation of respondents is received from customers containing or referring to their Terms & Conditions they will not bind the agreement and any acceptance of a written quotation/order is deemed to be acceptance of these terms and conditions without exception.
1.1 All quotations shall be provided in writing and are only valid for a seven dayperiod from the date of the quotation. No verbal quotations will deem to bind Kapur Plastipack Ltd.
1.2 Written quotations are on the basis that the price to be paid for supply of goods may be increased, if the seven day period of acceptance has lapsed.
1.3 Written quotations can only be accepted by written;no verbal acceptance will bind Kapur Plastipack Ltd.
2 All goods delivered are subject to the normal trade tolerances, copies of which are available on request.
2.1 Quantity manufactured and delivered may vary up to 10% from the quantity ordered. Invoicing is on the basis of delivered quantity
2.2 Polythene bags are normally supplied end weld, unless otherwise advised on the order confirmation, butwe reserve the right to supply side weld unless specified by the customer.
2.3 All Flexible Intermediate BulkContainers (FIBC'S) are supplied with external dimension measurements, unless otherwise advised on the order confirmation
3 The date of delivery as quoted by Kapur Plastipack Ltd are given in good faith but are deemed to be approximate only and not of essenceand the customer is not entitled to refuse delivery rescind the relevant contract or claim damages on account of any delay.
3.1 Delivery is deemed to be complete with a customer's order when the relevant item is delivered to the customer's premises or to the specified carrier and is signed for by a representative.
3.2 Risk in the equipment and the goods passes to the customer immediately upon delivery.
3.3 Claims-by the customer in respect of defective goods should be made in writing and accompany the return of the defective goods to Kapur Plastipack Ltd at the customers expense. Any claim for defective goods must be made within 3 months of invoice date. At Kapur Plastipack Ltd's sole discretion goods will be replaced at Kapur Plastipack Ltd'scost.
3.4 Kapur Plastipack Ltd shall not be liable for any failure to fulfil any order, contract or agreement where the failure isdue to circumstance beyond Kapur Plastipack Ltd control including (but without limitation to the foregoing) strikes, lockouts, labour or trade disputes of any kind, act of god, war, fire, flood, force majeure or any other causes beyond Kapur Plastipack Ltdcontrol.
3.4.1 Claims for non-delivery or damaged delivery must be received within 14 days of receipt.
3.5 Kapur Plastipack Ltd reserves the right to sub-contract any order part thereof.
3.6 Kapur Plastipack Ltd shall not be held liable in respect of:-
3.6.1 Loss, damage or any consequential or indirect loss sustained by customers or their servants or agents or third parties.
3.6.2 Loss of or damage to customers property or property for which Kapur Plastipack Ltd is responsible or any consequentialor any indirect loss attributed to any acts of customers, servants, personnel, representatives or third parties.
3.6.3 All be 5% of costs incurred or £500 whichever is deemed appropriate by Kapur Plastipack Ltd for claims for loss resulting from negligence or the negligence of its employees.
3.6.4 Kapur Plastipack Ltd shall not be responsible for the negligence of the customers, agents, representatives, servants, workmen. Furthermore Kapur Plastipack Ltd shall not be responsible for any loss arising out of inaccurate instructions of information being supplied.
3.6.5 Customers instruct Kapur Plastipack Ltd at their own risk.
4Ownership of the goods remain with Kapur Plastipack Ltd which reserves the right to dispose of them untilpayment of all sums due by the customer to Kapur Plastipack Ltd have been paid in full and in meantime Kapur Plastipack Ltd holds them as bailee by the customer and that will be stored in such a way as to be identifiable as being the property of Kapur Plastipack Ltd.
5Unless expressly agreed in writing, Kapur Plastipack Ltd doesnot give any warranty, whether express or implied statutory or otherwise, that the product is suitable for packaging any particular goods, produces, material or substance.
5.1 Kapur Plastipack Ltd does not give any warranty relating to Flexible Intermediate Bulk Containers (FIBC'S)whether express or implied statutory or otherwise relating to quality, life span, handling requirements or that the product is suitable for packaging particular goods, produces, materials or substance.
5.2 All Flexible Intermediate Bulk Containers (FIBC'S)supplied via Kapur Plastipack Ltd must be used in full accordance with the EFIBCA safety panel briefing pamphlet no 9 'Safe use of Flexible Intermediate Bulk Containers (FIBC'S)' which is available upon request. Kapur Plastipack Ltd will not be liable for any Flexible Intermediate Bulk Containers (FIBC'S)that are not used as per these recommendations.
6 Payment to Kapur Plastipack Ltd must be in full within 30 days of the date of invoice.
6.1 Payments by cheque will not be deemed to constitute payment unless the cheque is cleared upon the first presentation.
6.2 All monies due to be paid by the customer to Kapur Plastipack Ltd will be made in full on the due date without any deduction or set off whatsoever.
6.3 Time for payment is of the essence and non-payment on the due date is a repudiatory breach.
6.4 Interest will be charged at 8 % per month on overdue sums (bothbefore and after judgement).
6.5 The provision of credit account facilitiesis atKapur Plastipack Ltd solediscretion and credit account facilities will be withdrawn from the customer when any account is overdue by more than 30 days.
6.6 Kapur Plastipack Ltd shall not be obligated to fulfil an order to a customer or company which has passed a resolution or court has made an order for winding up compulsorily or voluntarily or where insolvency practitioner, receiver or manager has been appointed on behalf or where a liquidator has been appointed.
7 This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.