Terms & Conditions
STANDARD CONDITIONS OF SALE
The following Standard Conditions of Sale by PouchPack Limited, which may occasionally be updated without prior notice, will govern this transaction and all contracts between the parties, except as otherwise specifically agreed in writing by the Buyer and PouchPack Limited.
- WEBSITE
Visitors to PouchPack Limited’s website are required to accept the following terms and conditions in return for the information given to them on this website. We use our reasonable efforts to include accurate and up to date information on all pages of our website. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them. The information on the pages of our website has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation. Any material downloaded or otherwise accessed through the use of the web pages on our websites is obtained entirely at the Buyer’s own risk and that the Buyer is entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage. We do not accept any liability in connection with any third party websites which may be linked or accessible through our own website and we do not endorse or approve the contents of any such site. Except where expressly stated to the contrary the text and graphics in the information contained in this website is the copyright of PouchPack Limited. Any temporary or permanent copying or storage of whole or part of this website, or the information contained in it, or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited. The entire contents of PouchPack Limited’s website remain the property of PouchPack Limited and is copyright with all rights reserved.
- PAYMENT TERMS
(Ⅰ) For Approved Credit Account Holders:
Net monthly account requiring settlement in full for goods invoiced up to and including the last day of a calendar month to reach PouchPack Limited no later than the last day of the following calendar month. We reserve the right to charge interest at commercial rates on amounts outstanding after the due settlement date
(Ⅱ) for Non Credit Account Holders:
Cash on delivery or cash with order only.
- PRICES AND QUOTATIONS
Quotations are for information only and are binding on PouchPack Limited only if and to the extent that they are incorporated in an order to PouchPack Limited which has been accepted in writing. All prices quoted are exclusive of Value Added Tax (VAT). PouchPack Limited reserves the right to alter or amend prices up to the time goods are dispatched. All UK orders will have 20% VAT added (or the prevailing rate set at the time). All EU orders will also be liable to VAT charges unless a valid local Tax Number is provided by the Buyer at the time of ordering. There is no VAT applied to orders originating outside of the EU. PouchPack Limited is not liable for any local duties or taxes related to importation or delivery of goods either to or by the Buyer.
- CONTRACTS
When a ‘Call Off’ contract order is placed with PouchPack Limited, without giving any specific delivery dates, the Buyer understands that the whole quantity ordered may have been manufactured and in this event, therefore, it is expressly agreed that the total quantity contracted for will be accepted for delivery within one year of the order being placed with PouchPack Limited. PouchPack Limited shall have the option to rescind any contract or order between us and the Buyer and/or to suspend delivery of goods in any of the following events:-
(Ⅰ) should any sum owed by the Buyer to PouchPack Limited be overdue for payment
(Ⅱ) should the Buyer be in breach of any term of the same or any other contract with PouchPack Limited
(Ⅲ) should the Buyer enter into any composition or arrangement with, or for, the benefit of their creditors, have a receiving order in bankruptcy made against them, or go into liquidation or receivership either voluntary or compulsory.
- OWNERSHIP
PouchPack Limited and the Buyer expressly agree that until PouchPack Limited has been paid in full for the goods comprised in this or any other sale contract between them
(Ⅰ) the goods remain the sole and absolute property of PouchPack Limited and we may recover the goods at any time from the Buyer if the amount outstanding to PouchPack Limited remains unpaid after the due date for payment has passed. For recovery purposes PouchPack Limited, its workers and agents may enter upon any land or building upon which the goods are situated
(Ⅱ) the Buyer has the right in the course of their business to dispose of the goods which are the property of PouchPack Limited on condition that the Buyer shall hold the proceeds of such disposal on trust for and on demand pay to PouchPack Limited any monies due or owing to PouchPack Limited
(Ⅲ) all cylinders, tools, moulds and other equipment made, prepared or obtained by PouchPack Limited shall be, and remain, the property of PouchPack Limited whether or not a charge is made to the Buyer, in respect thereof and PouchPack Limited shall have exclusive rights to any patents, registered designs, trademarks, copyright or other intellectual property rights retained therein.
- DELIVERY AND LEAD TIMES
(I) Delivery of the Goods shall be made by the Company delivering the Goods to the address notified by the Customer. Alternatively, by prior arrangement, the Customer may collect the Goods from the Company’s premises at any time after the Company has notified the Customer that the Goods are ready for collection.
(II) Any dates quoted for lead time of delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
(III) Where the goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
(IV) If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Company’s fault) then, without prejudice to any other right available to the Company, the Company may store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage.
(V) All domestic and international deliveries are not time specific unless otherwise stated. Customers will be expected to accept deliveries being made anytime during the working week (Mon – Fri) between 8am – 8pm. Should a delivery fail on its first attempt to the Customer, then the Customer remains liable for any re-delivery charge or any fees related to the goods having to be returned to the Company.
(VI) Any query regarding delivery documentation and invoices shall be notified to the Company within seven (7) days of the date of invoice. If the Customer does not notify the Company accordingly the Customer shall be deemed to have accepted the sufficiency and accuracy of such delivery documentation and invoices.
(VII) The Company accepts no liability for delivery when the Customer requests deliveries to be made by specific or nominated agents.
- QUANTITY TOLERANCE FOR CUSTOM PRINTER POUCHES
(Ⅰ) PouchPack Limited shall not be bound by any oral warranty or representation given or made on its behalf unless confirmed in writing, nor by any implied term condition or warranty whether arising by implication or law or to be implied from circumstances save and except a warranty that goods sold shall correspond with the contractual description
(Ⅱ) where orders are placed by the Buyer in reliance upon samples provided by us, PouchPack Limited shall endeavour to ensure that the goods comply with the quality and dimensions of the sample but no responsibility can be accepted for discrepancies between the sample and the goods delivered
(Ⅲ) stock sizes and weights of goods are approximate only and may not correspond with their contractual description provided that any such differences do not make the goods unsuitable for the Buyer’s purposes
( IV ) where goods are made to a Buyer’s own specification, whilst every effort is made to supply an exact size, thickness, colour, function or quality, it must be noted that due to the commercial manufacturing process and the nature of materials used, there is always the possibility of production variances occurring which are subject to certain trade tolerances. Details of such tolerances will be supplied on request, where applicable the Codes of Practice as recommended by the Packaging Distributors Association will apply the Buyer must satisfy his or herself that such tolerances are acceptable
(V) It shall be the sole responsibility of the buyer to ensure that the composition and specification of the goods is appropriate for use with the products of the buyer or its customers and to carry out all analysis and tests necessary to ensure this is the case for which PouchPack Limited cannot be held liable
(VI) no guarantee is given that the goods are fit for the Buyer’s purpose and the Buyer must satisfy himself of their fitness for any purpose for which they are intended to be used
(VII) where the Buyer requires PouchPack Limited to carry out design or printing work in respect of goods ordered colours need only be a commercial match and the Buyer is responsible for any errors in proofs which they have signed. The Buyer will indemnify PouchPack Limited in respect of any expense or liability arising out of any breach of copyright trade mark etc.
(VIII) during commercial production there are a number of variances that can occur which can impact size, colour and function of the packaging.
8. MATERIALS, PRODUCTION AND FINISHED GOODS
(Ⅰ) Dependent upon the use of different raw materials, the Company reserves the right to make the following overproduction and underproduction tolerances.
Volumes up to 10,000 units +/– 35% tolerance
Volumes up to 20,000 units +/– 20% tolerance
Volumes up to 50,000 units +/– 15% tolerance
Volumes in excess of 50,000 units +/–10% tolerance
(Ⅱ) The Customer is expected to notify the Company within 7 days of any under supply or from the original volume ordered. Where there is any undersupply, The Company reserves the right within 30 days of notification from the Customer to either provide a credit note for the balance of packaging or provide additional Goods to make up the original order.
(Ⅲ) Size
Dimensions may vary in length, width and gussets measurements within a tolerance of 5% (within a maximum of 2cm)
Sealing Width
Sealing widths may vary in size within a tolerance of 3mm.
(IV) Thickness
Material thickness may vary within a tolerance of:
Up to 50 micron – +/- 7 microns tolerance
Up to 100 microns – +/- 10 microns tolerance
In excess of 150 microns – +/- 20 microns tolerance
(V) Colour
Tolerance in the colour of the print are permissible insofar as these deviations result from the applied procedure and material and accepted as being inevitable. A tolerance of +/- 20% is allowable on any specific pantone shade provided. Where there is either a mixture of gloss and matt finish or matt finish exclusively the allowable colour tolerance is +/- 25%. There is also the possibility of differing shades on the same size of pouch as well as differing sizes which is also deemed acceptable. The colour of unprinted natural products, including but not limited to Kraft pouches, will vary.
(VI) General
Minor tolerances will occur in quality, print registration, colouring, side seal widths, cutter mark locations, tear notches, valve positions, zipper positions and transparency etc.
9. CANCELLATION OR ALTERATION OF ORDERS
Where PouchPack Limited agrees to supply goods it may refuse a request for cancellation suspension or alteration to the order if materials or components have been ordered from a third party or manufacture of the goods has commenced. No order which has been accepted by PouchPack Limited may be cancelled by the Buyer except with the agreement, in writing, of PouchPack Limited and on terms that the Buyer shall indemnify PouchPack Limited in full against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses incurred by PouchPack Limited as a result of the cancellation.
10. CLAIMS
(Ⅰ) Claims in respect of any alleged defect in the quality of the goods delivered must be made in writing within 14 days after delivery or, if related to the transport of the goods, within such time as will enable PouchPack Limited to comply with the time limit and procedure of any carriers by whom the goods were transported
(Ⅱ) the return of goods shall not be made without prior agreement between the Buyer and PouchPack Limited. There is a handling charge of 10% of the invoice value on any goods returned other than through where agreed in advance or through faulty manufacture or transit damage
(Ⅲ) if the buyer shall make any complaint within the time stipulated, PouchPack Limited shall after reasonable time for investigation and examination of the goods in dispute be entitled at its option:- (a) to replace any defective goods or (b) to accept the return of defective goods and to credit the Buyer with the sale price thereof or (c) to make the Buyer an allowance representing the difference between the value of goods defective at the time of complaint and the value they would have had if they had not been defective, providing the Buyer pays the balance not in dispute according to normal terms
(Ⅳ) any complaint of short delivery or of damage to goods in transit must be notified within 24 hours of receipt of goods and confirmed in writing at that time by the Buyer to PouchPack Limited.
11. LIMITATION OF LIABILITY
(Ⅰ) PouchPack Limited shall not be liable for failing to perform this or any other contract whether wholly or in part if the failure is caused either wholly or partly by any circumstance or circumstances outside PouchPack Limited’s control, in any event it is expressly agreed that PouchPack Limited will not be liable for any consequential loss caused to the Buyer as a result of an order being carried out unsatisfactorily whatever the reason for this shortcoming may be
(Ⅱ) no forbearance or indulgence by PouchPack Limited shown or granted to the Buyer whether in respect of these conditions or otherwise shall in any way affect or prejudice the rights of PouchPack Limited against the Buyer or be regarded as a waiver of any of these conditions
(Ⅲ) time shall not be of the essence of this or any other contract with PouchPack Limited
(Ⅳ) PouchPack Limited shall not be liable for recommendations and advice regarding the usage and treatments of its products. In particular, PouchPack Limited cannot guarantee that the goods supplied are suitable for the applications intended by the Buyer. PouchPack Limited accepts no liability for any packed items. It is the responsibility of the Buyer to ensure any packaging meets any legal requirements required for their specific products. The limit of any claim against PouchPack Limited shall be the invoiced amount and no claim for consequential loss will be recoverable against PouchPack Limited.
12. TRADE CUSTOMS
Packaging Trade Customs for the time being in force obtainable from the Packaging Distributors Association shall apply except where inconsistent with these conditions or the express terms of any contract between PouchPack Limited and the Buyer.
13. PATENTS AND TRADE MARKS
No representation, warranty or indemnity is given by PouchPack Limited that the goods do not infringe any letters patent, trademarks, registered designs or other industrial property rights. If the goods are to be manufactured or designed by PouchPack Limited in accordance with a specification submitted by the Buyer, the Buyer shall indemnify PouchPack Limited against all damages, costs and expenses awarded against or incurred by PouchPack Limited in connection with or paid or agreed to be paid by PouchPack Limited in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from PouchPack Limited’s use of the Buyer’s specification.
14. EXPORT TERMS
In these conditions ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the defined of given particular meaning by the provisions of Incoterms shall have the same meaning in these conditions, but if there is any conflict between the provisions of Incoterms and these conditions, the latter shall prevail. The Buyer 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 on them.
15. FORCE MAJEUR
PouchPack Limited shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered caused by any event or circumstance beyond PouchPack Limited’s reasonable control.
16. GOVERNING LAW
The interpretation and terms of these conditions will be governed by the Law of England.