1.1 “Buyer” means the person who buys or agrees to buy the goods from the Seller
1.2 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller
1.3 “Delivery Date” means the date specified by the Seller when the goods are to be delivered
1.4 “Goods” means the articles which the Buyer agrees to buy from the Seller
1.5 “Price” means the price for the Goods excluding carriage, packing, insurance and VAT
1.6 “Seller” means Barton Jones Packaging Limited
2.1 These conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply any purchase order confirmation of order or similar document
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller
3.1 The Price shall be the Seller’s quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice
3.2 Payment of the Price and VAT shall be due within 30 days of the date of the invoice
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above National Westminster Bank plc’s rate from time to time in force and shall accrue at such a rate after as well as before any judgement
The quantity and description of the Goods shall be as set out in the Seller’s quotation
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded
6.1 Delivery of the Goods shall be made to the Buyer’s address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery
6.2 The Company shall not be held responsible for delays in delivery caused by strikes, lockouts, trade disputes, breakdowns, accidents, war, civil commotion or riot, Act of God, or other event beyond the control of the Company
7.1 The Buyer shall be deemed to have accepted Goods 14 days after delivery to the Buyer
7.2 After acceptance the Buyer shall not be entitled to reject Goods that are not in accordance with the Contract
8.1 The Goods shall be at the Buyer’s risk as from delivery
8.2 In spite of delivery having been made property in the Goods shall not pass from the Seller until 8.2.1 The Buyer shall have paid the Price plus VAT in full; and 8.2.2 no other sums whatever shall be due from the Buyer to the Seller
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods
10.1 The Buyer shall not use or deal with the Goods or the Company’s catalogues, brochures, leaflets or lists so far as to infringe, interfere with or weaken any rights of the Company under or in respect of any proprietary information, trademarks, registered designs, logos, artwork or copyright for or in connection with the goods. The Company shall have no liability for the infringement of any rights of any third party arising from the use of the Goods in combination with other Goods, trademarks or processes not supplied by the Company
10.2 Where Goods are manufactured to the design or specification of the Buyer, the Buyer warrants that such design or specification does not infringe the rights of any third party
This contract is subject to the law of England and Wales and the Buyer submits to the jurisdiction of the English courts
The specification(s) and design(s) of the Goods (including the copyright, design right or other intellectual property in them) shall remain the property of the Seller. Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Seller then the Buyer warrants that the use of those designs or specifications for the manufacturer, processing, assembly or supply of the Goods shall not infringe the rights of any third party
13.1 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all
13.2 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 2 months of the Delivery Date.
