Headley Park 8Headley Road EastReadingBerkshireRG5 4SAUnited Kingdom
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Terms & Conditions
All goods sold by Lane Packaging Ltd. (hereinafter called the Company) are sold subject to these conditions.
Unless otherwise expressly agreed in writing by a Director of the Company and in addition to, deletion from, or vacation or qualification of these conditions shall be inapplicable.
Orders are accepted on condition that goods will be invoiced at the price ruling at the date of despatch and the Company reserves the right to increase any prices agreed between the Company and the Buyer in the event of any increase payable by the Company in performing the contract occuring between the date of the buyer's order and the actual date of such variation shall be altered accordingly. Unless otherwise stated the prices quoted will be exclusive of Value Added Tax which will be charged at the rate which is applicable at the date of despatch. Accounts shall be due for payment not later than the last day of the month following the invoice date.
Title in the goods shall only pass from the Company to the Buyer upon full payment being made by the Buyer for all goods sold under the contract. In the event of delivery of the goods by installments title to the goods comprised in each instalment shall pass to the Buyer only upon payment being made to the Company for the full invoice value of that instalment. Whilst in accordance with this condition goods delivered to the Buyer remain the property of the Company, the Buyer shall nevertheless accept all responsibility for the safe custody, protection and preservation thereof including insurance and immediately upon the goods coming into the possession of the Buyer or its Agents and pending payment of the full invoice value shall be liable to indemnify the Company in respect of all loss or damage or whatsoever nature affecting the goods.
Whilst all reasonable efforts will be made to ensure that the goods are delivered by agreed delivery dates, the Company shall incur no liability whatsoever in respect of any loss or damage howsoever caused or suffered by delay in delivery.
No claim against the Company in respect of weight or quantity can be made and the Company shall incur no liability in respect of any such claim unless received by the Company in writing within seven days after delivery of the goods and unless an opportunity is afforded to the Company within the same pediod of seven days for weighting or counting the entire consignment concerned.
No claim against the Company in respect of goods damaged in transit shall be made and the Company shall incur no liability of any such claim unless such claim is recieved by the Company in writing within seventy two hours of delivery of the goods.
Subject to conditions 6 and 7 no claim against the company in respect of any matter whatsoever including quality shall be made and the Company shall incur no liability in respect of any such claim unless recieved in writing by the Company within twenty-eight days after delivery of the goods and the Company is given the opportunity to examine the entire consignment or such part as the Company considers nessesary.
In the event of any claim against the Company in respect of any matter whatsoever the liability (if any) of the Company shall be limited to the replacement of the goods sold by the company in respect of which the liability arises and under no circumstances shall the Company be liable to the Buyer or any other person, firm or company for any consequential loss or damage howsoever or whenever arising.
Whilst the company will endeavour to perform the contract in accordance therewith all conditions, guarantees or warranties including guarantees or warranties as to quality or description of the goods or their life or wear of their use under any conditions whether or not known or made known to the Company or resulting from designs or assistance rendered at the Buyer's request and whether expressed or implied by statute common law are (in so far as they lawfully may be) excluded. Where materials are purchased from non-assured sources those suppliers have been properly vendor assessed and are documented on a List of Approved Suppliers.
In the event of the goods which the Company supplies to the Buyer having been acquired by the Company in substantially the same form or actually in the same form from some other person, firm or company whether such goods are used by the Company as a component part of a larger item ordered by the Buyer or not, the liability of the Company in respect of the goods concerned shall not exceed the liability of the person, firm or company from whom the Company acquired the goods to the Company and in cases where the Buyer is made aware of the name of that person, firm or company the remedy of the Buyer shall be against that other person, firm or company and the buyer shall not be liable in any way to the buyer.
The buyer shall indemnify the Company against any claim whatsoever and all liability in respect on any infringement of patent rights resulting from compliance with the Buyer's instructions express or implied.
Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by Lane Packaging Ltd. in respect of any one delivery shall not entitle the Buyer to repudiate the contract or any instalments remaining to be delivered there under.
The proper law governing this contract shall be the Law of England.