Terms and Conditions: ESS Packaging Limited
These terms and conditions shall apply to and govern all contracts between us, ESS Packaging Limited ("The Seller") and you ("The Buyer"). These terms & conditions shall apply as the complete and exclusive terms of each contract and no variation in any documents from the Buyer including but not exhaustively any letter, receipt, acknowledgement, or other form shall be effective unless expressly agreed in writing by the Seller. Unless previously agreed in writing, all orders placed with The Seller prior to us offering credit facilities will only be accepted on a pro-forma basis or online credit/debit card transaction. By opting to submit your credit application, you acknowledge that you have read, understood and agree with our standard terms and conditions and that they are legally binding and apply to all sales.
Prices and Ordering
All prices for goods and services are in pounds Sterling and exclude Value Added Tax ("VAT"). The relevant rate of VAT ruling on the despatch date will be applied to all invoices. If the Buyer places an order via the Sellers web site the price payable for the goods will be set out on the web site at the time the Buyer places the order. Whilst every endeavour will be made to maintain the prices The Seller reserves the right to alter prices at any time without prior notice. Should expedited delivery be agreed and require overtime or other additional costs these additional costs can be charged. Work carried out at The Buyer's request whether experimentally or otherwise will be subject to an additional charge. Whilst the Seller makes every effort to ensure the accuracy of stock levels in the unlikely event that the Seller has accepted an order for an item that is no longer available an alternative will be offered. If the alternative is not acceptable and The Buyer has already paid a full refund or credit note will be offered to The Buyer. For bespoke customised products every endeavour will be made to deliver the quantities ordered however it will be a term of contract that margins of 10% for over makes shall be accepted and paid for in full by The Buyer and any shortages will be refunded by The Seller.
The Seller will endeavour to despatch orders placed via The Sellers web site on the order date provided orders have been received before 2pm Monday to Friday. Orders will not be despatched on Bank Holidays and during the Christmas closure period. For "bulk orders" placed by fax, email or telephone or any other method an estimated date of delivery will be given to the Buyer at the time of ordering however the date of delivery may be subject to change. Any date of delivery given by The Seller to the Buyer shall be an estimated date only and while The Seller will always endeavour to comply with any such date The Seller shall not be responsible for late delivery. Without prejudice to the generality of the forgoing The Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond our reasonable control.
Delivery & Payment
In the absence of the express written agreement of the Seller to the contrary all orders placed with The Seller prior to offering credit facilities will only be accepted on a pro-forma basis only unless previously agreed in writing. The Buyer will be primarily liable for all sums due to the Seller in respect of any order placed irrespective of whether or not such Buyer is acting as principal or agent. If the Buyer fails to take delivery at the time specified in the Contract the Seller shall be entitled without prejudice to any other rights to invoice the goods whereupon payment in full shall become due forthwith. Should work be suspended or delayed through any default of the Buyer, the Seller shall be entitled to payment for work already carried out. For goods which are contracted for delivery by instalments late delivery of an instalment shall not entitle the Buyer to reject any other instalment under the same Contract. Without prejudice to the generality of the forgoing the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Seller. If the Buyer has a credit account with the Seller payments shall be made 30 days from the end of month of delivery or by the last day of the month following the invoice date whichever is the sooner. If payment is not made on the due date the Seller, without prejudice to its other rights hereunder shall be entitled to charge, in addition to any monies due hereunder, interest on the overdue outstanding amount at the rate of 4% per week in force from the date the monies first became due until the outstanding amount is paid. For all orders placed on The Sellers web site before 2pm Monday to Friday delivery of "packs" will be the next working day and delivery of "pallets" will be within 2-3 working days.
|Orders less than £100 (excl. VAT)||£8.99 (incl. VAT)|
|Order over £100 (excl. VAT)||FREE|
Please note - An additional delivery charge may be applied after checkout to orders delivered to addresses in the following locations; UK - Highlands & Islands Scotland; UK - Isle of Man; UK - Channel Islands; UK - Northern Ireland.
Please call for delivery estimates.
Where collection is chosen as the delivery method customers will be notified when their order is ready to collect.
Returns & Guarantees
If The Buyer orders goods in error the goods can be returned to The Seller within 14 days of invoice date at The Buyers own cost. Provided the goods are unused and undamaged and in their original packaging the Seller will offer a full refund or credit note. Goods ordered in error will not be considered for a full refund or credit note after 14 days of invoice date. If goods are faulty or damaged The Buyer should inform The Seller within 7 days of invoice date and return them to The Seller unused in their original packing for replacement or refund. No goods will be considered for a full refund or credit note unless The Buyer has received a "Customer Returns Note" with its own unique reference number from The Seller.
Retention of Title
Goods shall remain the sole and absolute property of the Seller as legal and equitable owner of the goods until payment of all sums due to the Seller from the Buyer on any accounts whatsoever have been received in full by the Seller. Where payment is made by cheque the Seller shall be treated as not having received payment until that cheque has been honoured and the amount credited to the bank account of the Seller. The Seller shall be entitled to serve notice on the Buyer indicating its intention to retake possession of the Seller's goods if the Buyer is in breach of the payment terms under this Contract or if the Seller reasonably considers that its property is in jeopardy. On receipt of such notice, the goods shall immediately be made available for collection by the Seller or by its agents who shall have the right to enter upon any land, building or vehicles of the Buyer to take possession of its goods.
Password & Security
As a registered user of the Sellers Web Site The Buyer accepts responsibility for maintaining the confidentiality of their password and account details and is fully responsible for all activities where their password is used. The Buyer agrees to immediately notify The Seller of any unauthorised use of their password or account.
To the fullest extent permitted at law, The Seller is providing a website and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this website or its contents including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, The Seller does not represent or warrant that the information accessible via this web site is accurate, complete or current.
Without prejudice to the generality of the foregoing provisions The Seller shall not in any event be liable to the Buyer in contract or tort or otherwise for any direct, indirect or consequential loss or damage whenever or howsoever arising.
Right of Recission
The Seller shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing to the Buyer to rescind any Contract between The Seller and the Buyer or to suspend delivery in the following event: If the Buyer is in breach of any term of the same or any other Contract with The Seller and/or (b) If the Buyer enters into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) goes into liquidation either voluntary or compulsory or under supervision or have a receiver appointed over all or any of its assets or if the Buyer threatens to cease trading.
The Seller shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of the The Seller. This includes any act of God, war, strike, lockout or other industrial dispute, fire, flood drought, legislation or other cause beyond the Sellers control.
Contact with Delicate Substances
Where the goods supplied consist of containers, wrappers or other articles intended for use in connection with any food, drug or substance of a volatile, delicate or fragile nature, the Buyer shall satisfy himself that such food, drug or other substance is not or is not likely to be affected by any material used by The Seller in the printing of or manufacturing of such wrappers, containers or other articles. The Seller shall not be liable to the Buyer in respect of any claim alleging that such food, drug or other substance has been adversely affected and the Buyer shall indemnify and keep indemnified the Seller from and against all liability by third parties in respect of any claim that any such food, drug or other substance has been adversely affected and caused the third party loss damage or expense.
Size and Specifications of Materials
Unless specific warranties in writing are provided for accurate sizes and specifications then all sizes and specifications referred to on the website are approximate only and are liable to variation without notice.
These conditions and all other terms of Contract shall constitute the entire understanding and agreement between the Seller and the Buyer. These Terms and Conditions are governed by and are to be construed in accordance with the English Law and fall within the exclusive jurisdiction of the English Courts.
ESS Packaging Limited,
Unit 10, Jupiter Business Park
The Airfield Estate,
Company Registration Number: 5186714