Terms & Conditions of Sale
The Unique Paper Company Ltd
All orders accepted by The Unique Paper Company Ltd (“the Company”) are subject to all the following conditions of sale to the exclusion of any conditions of the Buyer, unless otherwise specifically agreed in writing to the Company.
All orders placed with the Company must be in writing and signed by an authorised person or officer of the Buyer. The Company prefers to receive order on its official Order Form, but will accept orders placed directly from its website, with its Sales Department, or its Agents by telephone which must be confirmed in writing, either by fax or by post, and signed as aforesaid.
Delivery dates cannot be guaranteed and no liability can be accepted by the Company for delays or any consequential loss arising there from. If no delivery date is specified it will be deemed to be no more than six months from the date of the order.
This contract is divisible. Goods supplied to each purchase order/on notification of call off/each month during the currency of the contract shall be invoiced separately. Each invoice for work performed in (any month) shall be payable by you in full, in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect or default in the goods supplied or to be supplied in any other month
- The prices are showing in the Company’s current price list (and/or the invoices covering the products ordered). The prices in the price list are correct at the time of publication. However, the Company reserves the right to increase its prices at any time within its absolute discretion and where such increase becomes effective after an order is placed by the Buyer but before delivery, the Company will be entitled to charge the increased prices, provided reasonable notice thereof has been given to the Buyer before delivery. After despatch the Buyer is bought to accept the goods at increased price.
- All prices quoted are exclusive of VAT and are subject to that tax at the rate prevailing.
- The Company will not open a ‘credit’ facility for initial orders of less than £150.
- The Buyer shall be responsible for all carriage and packaging charges on orders under £150 net excluding VAT, orders above this amount net excluding VAT will be carriage paid. The said carriage and packaging charges will be included in the invoice.
Unless the customer has advised the Company to the contrary in writing before hand, the Company reserves the right to substitute a reasonably similar alternative design, when the design originally ordered is out of stock.
All goods supplied by the Company are on a non-exclusive basis unless otherwise specifically agreed in writing by the Company.
Where the Company has Trademarks registered against his products, the Buyer agrees that any forward sale of the products will be shown with the trademarks shown on any of the buyers invoices, shade cards and general literature.
The Company shall not be under any liability for failure or delay in delivery as a result of any contingency beyond its control. Whilst the Company will use its’ best endeavours to fulfil its’ contractual obligations, if the contract shall become impossible of performance or shall be frustrated, the Buyer shall be liable to pay the Company all the costs which it or its subcontractors have incurred or for which they are liable directly or indirectly in connection with the contract at the time of the frustration or impossibility of performance, provided that the Company shall take all reasonable steps to mitigate any loss.
Liability to Third Parties
The Buyer shall be solely responsible for any matter that the Company prints on or applies to the goods on the instruction of or at the request of the Buyer and for any design or construction which the Company executes on the instruction of or at the request of the Buyer whether the same shall have been supplied by the Company or by the Buyer and the Buyer shall indemnify the Company against any claim or in connection with any proceedings instituted by a third party arising there from.
- No responsibility will be accepted by the Company unless the Buyer notifies the Company’s Sales Department in writing as follows:-
- In respect of damage to the goods, within 3 days of receipt of the consignment by the Buyer, his servants or agents, and
- In respect of non delivery of goods shortage or other defect or errors, within 10 days of the date of invoice.
- In all cases, save for non delivery, the goods must be held by the Buyer pending communication from the Company’s office and, where applicable, for inspection of the goods by the Company.
- Failure of the Buyer to advise the Company of its claim within the stated periods will result in that claim or later requests for credit not being considered or being considered by the Company only at its absolute discretion.
- The liability o the Company is limited to the replacement of the goods or at its option the refunding of the purchase price.
Payment & Credit Terms
- In the case where the Buyer does not have a credit account with the Company, payment must be received in full before the despatch of the goods either by way of credit or debit card payment, bank transfer or by way of a cheque allowing 7 working days for the clearance.
(ii) Where there are to be regular consignments to the Buyer, then a 30 day credit account may be opened upon request at the Company’s Discretion through our factors, HSBC Invoice Finance, Farncombe Road, Worthing
- Sussex, BN11 2BW
- Where credit terms are granted, payment must be made within 30 days following the date of the relevant invoice/s, without any deferment or set off on account of disputes or cross claims. The amount due under relevant invoice/s is assigned to and must be paid to our factors HSBC Invoice Finance, Farncombe Road, Worthing, W. Sussex, BN11 2BW. They alone can give a valid discharge therefore.
- Where goods are supplied before payment is received by the customer or, in the case of a credit account, payment has not been made in accordance with the payment terms, or where the Buyer becomes bankrupt or, has the receiver appointed for all or any part of the Buyer’s assets or business, or goes in to liquidation, or makes any composition with creditors, the Company reserves the right (without prejudice to its other rights against the Buyer) to withhold the delivery of further orders without incurring any liability to the Buyer.
Any goods, issued to the Company by the Buyer which remain his property, are held by the Company at the Buyer’s risk, although all reasonable care would be taken of such goods.
Retention of Title
The Company remains the owner of all goods supplied to the Buyer until such time as payment has been received in full from the Buyer. The goods shall remain the property of The Unique Paper Company Ltd and the Buyer shall store them so that they are readily identifiable as the Company’s goods until such time as payment has been received in full. If the goods have been resold, the Company beneficial entitlement shall attach to the proceeds of the resale and the Company shall be entitled to claim the full sale proceeds received. The Company shall be entitled, for the purpose of recovering its goods, to enter upon any premises where such goods are stored or where they are reasonably thought to be stored and to repossess the same. No liquidator or receiver or trustee in bankruptcy appointment on behalf of the Buyer shall have authority to sell goods to which the Company has titles, without the prior written consent of the Company.
Law and Jurisdiction
This contract shall be construed and have effect in all respects in accordance with English law and any disputes arising or in connection with these terms and any special conditions of purchase applicable hereto shall be submitted to the jurisdiction of the English Courts. All conditions or warranties whether expressed or implied and whether arising at common law or by statue as to the quality of the goods or their fitness for any purposes are hereby exclusive. In no circumstances shall the Company be liable for consequential loss. The Buyer shall not rely upon any representations as to the quality of the goods or their fitness for any purpose or their availability for delivery unless made in writing and signed by duly authorised official of the Company.
The Unique Paper Company Ltd reserve the right to amend these Trading Terms at any time without prior notice.
Prices ruling at time of invoice. Company Registered in England No. 5328849 Registered VAT No GB 638 1498 13