These standard terms and conditions of sale apply to all on-line transactions safe where different clauses are expressly mentioned within the store. E&OE.
1. General
(a) These standard conditions and any additional conditions attached
hereto constitute the entire agreement between Lime Packaging Limited
and any person
to whom the company supplies goods or services to the exclusion of all
other items, conditions and warranties whatsoever.
(b) No servant or agent of the Company has any authority to give any representation
or warranty relating to the goods, or to agree any variation of these conditions
unless such representation, warranty or variation is expressed in writing
and signed on behalf of the Company by a Director or other person duly
authorised
by the Company.
2. Quotations
(a) Quotations issued by Lime Packaging Limited are not offers capable
of acceptance so as to make a binding contract. All orders placed with
Lime Packaging Limited
require its acceptance before any contract arises.
(b) All quotations given and all contracts made by Lime Packaging Limited
are subject to the terms, conditions and exceptions contained herin.
All conditions
and exceptions referred to by the Buyer or contained in the Buyer's order
are hereby excluded.
3. Price
Prices quoted are exclusive of packing and carriage (if agreed to be
made or arranged by Lime Packaging Limited) or of any goods or work not
specified
in
the contract. Goods will be invoiced at prices ruling at date of dispatch.
VAT extra where applicable.
4. Delivery
(a) Each delivery hereunder shall constitute a separate contract. In
the event of Lime Packaging Limited agreeing to deliver the goods, Lime
Packaging
Limited
will deliver or arrange for the delivery of the goods at the place of
delivery.
(b) The Buyer shall take delivery of the goods at the place of delivery
with reasonable dispatch and subject to written advice from the Buyer
in accordance
Clause 8 (a) hereof, the goods shall be deemed to have been delivered
complete and in satisfactory condition.
(c) Delivery dates mentioned in any quotation or acceptance or elsewhere
are given in good faith but are approximate only and not of contractual
effect.
Lime Packaging Limited will not be liable for any loss, damage or delay
due to the failure of Lime Packaging Limited for any reason whatsoever
to deliver
or arrange for the delivery of the goods on or by the date or dates of
delivery. If Lime Packaging Limited is hindered or prevented from obtaining
transport,
delivery or arranging for the delivery of goods by war, strikes, riots
or any other cause whatsoever beyond the control the company, the time
for delivery
shall at the company's option be extended accordingly and this clause
shall apply to the new date or dates of delivery.
5. Refunds and Payments
At Limepackaging Limited we are committed to giving you the best possible
products, prices and service.
Should any product purchased from Limepackaging Limited be found to
be faulty, damaged in transit, or differing from the description given
at
the Limepackaging
Limited website then we will be pleased to arrange to either refund
or replace the product at the discretion of the customer.
All returns
must
be notified
to Limepackaging Limited within 7 days of delivery of the product.
In the event of a customer purchasing an item from Limepackaging Limited
mistakenly and through no fault of Limepackaging Limited, we will be
pleased to replace
or refund the item provided that the original item is returned to Limepackaging
Limited unused and in saleable condition. In cases where the customer
is either unable or unwilling to arrange return carriage after mistakenly
purchasing a product, Limepackaging Limited reserves the right to charge
an uplift fee
to cover the cost of employing a courier company to collect the item
from
the
customer. In cases where an entire order is returned, we reserve
the right to retain the cost of the outward carriage. This does not
affect your statutory rights as a consumer.
To arrange to return a product or for further information about returns
or refunds please e-mail us at sales@limepackaging.com or telephone
us at 01245
362363.
We use worldpay to process your credit card details,which is about
as safe as you can get, please visit their web site for further details.
www.worldpay.com
6.
Quantity and Specification
(a) All descriptions and illustrations contained in the Lime Packaging
Limited catalogue, price list and advertisements or otherwise communicated
to the buyer
are intended merely to present a general idea of the goods described
therein and subject to paragraph (c) below, nothing contained in any
of such documents
or otherwise communicated to the buyer shall form part of the contract.
(b) Notwithstanding that a sample of the goods may have been exhibited
to and inspected by the Buyer, the Buyer agrees that any such sample
was exhibit to
and inspected soley to enable the Buyer to judge for himself the quality
of the bulk of the goods and not so as to constitute a sale by sample.
The Buyer
shall take the goods at his own risk as to their corresponding with
any such sample and as to their quality, condition or sufficiency for
any
purpose.
(c) All goods supplied shall conform to the specifications of the manufacturer
(if any) relating and applicable thereto for the time being, and no
other specification whatsoever. For the avoidance of doubt, it is declared
that Lime Packaging
Limited shall not be liable to the buyer for any change in specification
between the date of the buyers order and the date of such goods are
received
by the
Buyer and the Buyer shall not have right of rejection in respect thereof.
7. Title and Risk and Right of Recovery
(a) Risk in the goods shall pass to the buyer upon dispatch from Lime
Packaging Limited works or at the place of delivery pursuant to Clause
4 (a) hereof.
(b) The goods shall remain the property of Lime Packaging Limited until
the full amount under the contract has been received by Lime Packaging
Limited.
If the Buyer defaults in the due payment of any sum owning, Lime Packaging
Limited shall be entitled to immediate return of all the goods.
(c) If the buyer takes delivery of the goods before full payment therefore
is received by Lime Packaging Limited , Lime Packaging Limited shall
be entitled to repossess the goods and thereafter to deal in any way
with
such goods free
of claim or right of the Buyer therein, before payment for such goods
has been received by Lime Packaging Limited -
(i) the Buyer becomes bankrupt or makes an assignment, agreement or
composition with it's creditors or suffers distress or process of execution
to be
levied on its property or goes into liquidation whether compulsory
or voluntary
(except for the purpose of reconstruction or amalgamation) or has a
receiver appointed
over any part of it's undertaking, property or assets or it appears
to Lime Packaging Limited likely any of the above events will occur,
or
(ii) Contract is terminated by Lime Packaging Limited pursuant to Clause
11 below.
For the purpose of repossession of the goods, the buyer authorises
Lime Packaging Limited or it's agents to enter upon any premises where
they
have reason to
believe the goods are situated.
8. Conditions and Warranties
(a) Should the buyer receive defective goods, the Buyer shall within
3 days of the date of delivery notify Lime Packaging Limited thereof,
and
shall, at
the option of Lime Packaging Limited, either afford Lime Packaging
Limited the right of inspection of the goods or return the goods toLime
Packaging
Limited . If in the option of Lime Packaging Limited the defect is
a result of faulty
workmanship or materials or some other factor within it's control,
Lime Packaging Limited shall, at it's option, either replace the defective
goods or credit
the buyer with the contract value thereof and shall (if applicable)
reimburse
the Buyer with the cost of returning the goods and Lime Packaging Limited
shall not be liable for any costs whatsoever, if owing to the buyers
material or
nominated supplier's material being defective or unsuitable, the goods
are unsatisfactory, the goods are unsatisfactory and no responsibility
shall attach
to Lime Packaging Limited but Lime Packaging Limited charges for the
work carried out shall remain payable.
(b) Failure to notify Lime Packaging Limited within the period specified
above shall (unless otherwise agreed in writing by Lime Packaging Limited)
prevent
the Buyer from claiming under the contract, whether the claim is in
respect of defective goods, shortage of goods or damage or loss during
carriage
by Lime Packaging Limited .
(c) No warranty or condition is given by Lime Packaging Limited that
the goods are fit for any general purpose or any particular purpose
of the
Buyer, whether
known toLime Packaging Limited or not. Any recommendations or suggestion
relating to use or performance of the goods made by Lime Packaging
Limited either in
technical literature or in response to specific enquiry from the Buyer
is given in good faith but is for the Buyer to satisfy himself as to
the suitability
of the goods for his own purpose andLime Packaging Limited shall not
be liable in any way should the goods not be suitable.
(d) The Buyer shall have no remedy against Lime Packaging Limited other
than as provided in this clause in respect of defective goods, shortage
of goods
or damage or loss during carriage arranged by Lime Packaging Limited
and the provisions of this clause shall apply to the exclusion of any
other
condition
or warranty expressed or implied and the exclusion of any other rights
of the Buyer in contract or in tort as to the quality, workmanship
or fitness for
the purpose of the goods delivered.
9. Liability
Without prejudice to Clause 8 above, any liability of Lime Packaging
Limited to the Buyer whether in contract or in tort in any way arising
out of the
contract-
(a) Shall be limited to direct losses or damage only and shall not
extend to loss of profit or any indirect or consequential loss, damage
or injury
howsover
arising:
(b) Shall, in respect of goods which are damaged during carriage by
it's own transport, be strictly limited to the supply of a new part
or making
good the
damage thereby caused and Lime Packaging Limited shall not be liable
for any costs whatsoever:
(c) Shall not exceed and amount equal to the contract price.
10. Patent Protection
Where Lime Packaging Limited supplies the goods produced in accordance
with designs or specifications provided by the buyer warrants that
to the best of
it's knowledge and belief such goods do not infringe any third party
right. The buyer will indemnify and hold Lime Packaging Limited harmless
from
all the claims, damages and costs in respect of any patent, trade mark,
design
rights, know how or other intellectual property right which may be
infringed by the manufacture, sale or use of the goods so supplied.
11. Termination
(a) Either party may by notice given to the other terminate or suspect
future deliveries if the other becomes bankrupt or makes an assignment,
agreement
or composition with its creditors or suffers distress or process of
execution to be levied on any of its property or goes into liquidation
whether
compulsory or voluntarily (expect for the purpose of reconstruction
or amalgamation)
or has a receiver appointed over any part of it's undertaking, property
or assets
or if it appears to either party that it is likely that any of the
above will occur in relation to the other party.
(b) Without prejudice to any other rights or remedied under the contract,
either party may by notice to the other, terminated the contract or
suspect future
deliveries if the other fails to comply with any material obligation
here under and such failure has not been remedied within10 days of
notification from the
other requiring remedy.
12. Notices
Any notice or other communication given under the contract shall be
in writing and shall be sent first class post or (if appropriate) air
mail
or by telex
to the address notified by the recipient to the other party. Proof
of posting or dispatch shall be deemed proof of receipt in the case
of a
letter, on
the third day after posting and in the case of telex, on the day following
the
date of dispatch.
13. Governing Law
The contract shall be governed by and construed in accordance with
the laws of England and the parties herby submit to the exclusive transaction
of the
English Courts.