Terms & Conditions
- All orders are accepted subject to these conditions. No order shall be binding unless confirmed by the company's official order confirmation. By ordering any goods from Ready Case Ltd - ("The Company") - the Buyer will be deemed to agree that these conditions of sale shall form the basis of the contract made in respect of the said goods and they shall prevail notwithstanding any printed or other conditions contained in any purchase order, acceptance or quotation or otherwise brought to the buyers notice. All other conditions, Agreements, Representations, Promises, Undertakings, Understandings, or Warranties of any kind (apart from those implied by Section 12 of the Sale of Goods Act 1979) are hereby excluded.
- All quotations are subject to withdrawal or amendment at any time prior to confirmation by the Company or an order for goods referred to therein and are also subject to materials being available at the time of acceptance of order. Clerical errors are subject to correction.
- Where the quantity ordered is less than that quoted for or delivery is ordered in instalments less than those in the quotation, the prices are subject to adjustment as appropriate.
- Prices are subject to revision in the event of any increase in costs or raw materials or other costs required to fulfil the order between the date of confirmation of order and date of delivery to Buyer.
- In the event of any dispute arising as to such increased prices a certificate given by the Company's Auditors that such increased prices are caused directly by specified increased costs incurred by the Company shall be final & binding on the Buyer.
- Manufacturing quantities are subject to a tolerance of +/- 10%, the surplus or shortage to be charged or deducted pro rata.
- Specified dimensions are subject to a tolerance of +/- 3 millimetres.
- Materials of equivalent or higher strength may be substituted for materials quoted. Any materials supplied are subject to the tolerances laid down in the British Paper and Board Trade Customs, copies of which are available from the British Paper and Board Industry Federation.
- Artwork & Printing
- When artwork, origination and printing stereos are supplied by the Company, such items will be charged at the buyers cost. A certificate will be given by the Company's Auditors shall be final and binding on the Buyer.
- All sketches and origination work shall remain the Company's property unless paid for by the Buyer.
- No responsibility will be accepted by the Company for any errors in proofs or printing details which have been passed by the Buyer.
- Quotations for printing are made subject to the suitability of copy matter and are made on the basis of the use of the Company's standard range of ink colours, any deviation from which may at the Company's discretion be charged extra.
- All items owned by the Buyer left at the Company's premises or handed to an employee of the Company should be insured, and a receipt for such goods should be obtained from the employee to whom the items are handed.
- Tooling costs
- Die cutting formes or other tooling costs specifically required to complete the Buyer's order will be charged to the Buyer at cost, where appropriate. A certificate by the Company's Auditors as to such cost will be final and binding on the buyer.
- Every effort will be made by the Company to deliver the goods within the agreed delivery period but no guaranteed delivery date is implied and the Company shall not liable for loss or damage occasioned by any delay in delivery.
- Where the buyer fails to accept deliveries in accordance with the terms and conditions of the order, as confirmed in the Company's official Order Confirmation, the balance of undelivered goods shall be invoiced to the Buyer, the goods being held at the Buyer's risk and any storage and additional carriage costs being charged to the Buyer's account.
- The Company cannot deliver to PO Boxes.
- Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused.
- Subject to satisfactory references, goods invoiced must be paid for 21 days following date of delivery. The Company reserves the right to charge interest on any overdue account, at commercial rates which will not be less than 3% over the Base Rate of National Westminster Bank PLC from time to time applicable until the sum due is paid, otherwise payment is to be made by cash with order. If any invoice is not paid when due all invoices sent to the Buyer and remaining unpaid shall then become immediately due and payable in full without further notice from the Company.
- Passing of risk and title
- The risk in the goods shall pass to the Buyer when the goods are tendered for delivery at the Buyer's works or premises. The risk in goods collected from the Company's works shall pass to the Buyer when the goods are loaded on to the vehicle of the Buyer or his carrier or other agent.
- Until full payment for the goods has been received by the Company:-
- Property in the goods shall remain in the Company.
- Should the goods (or any of them) be converted into new product , whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions, the conversion the conversion shall be deemed to have been effected on behalf of the Company and the Company shall have the full legal and beneficial ownership of the new product.
- The buyer shall keep and store the goods and the new product referred to in (ii) above in such a manner that they can be identified as being the Company's property
- Subject to (v) & (vi) below, the Buyer shall be at liberty to sell the goods and the new products referred to in (ii) above in the ordinary course of business on the basis that the proceeds of sale shall be the Company's property and held in trust by the Buyer for the Company absolutely.
- The Company may at any time revoke the Buyer's power of sale by notice to the Buyer if the Buyer is in default for longer than seven days in the payment of any sum whatsoever due to the Company, or if the Company have bona fide doubts as to the solvency of the Buyer.
- The Buyer's power of sale shall automatically cease if a receiver is appointed over any of the assets or the undertaking of the Buyer or a Winding-up Order is made against the Buyer or the Buyer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy.
- Upon determination of the Buyer's power of sale under (v) and (vi) above the Buyer shall place the goods and the new products at the Company's disposal who shall be entitled to enter upon any premises of the Buyer for the purpose of removing the goods and new products from the premises (including severance from the realty where necessary).
- Any complaint of short delivery or damage to goods in transit must be notified to the company in writing otherwise than upon a consignment note or delivery document within 7 days of receipt of goods and any complaint of failure to deliver goods invoiced must be so notified within 7 days of the invoice.
- Where delivery is made by the Company to a carrier for transmission to the Buyer or the Buyer's nominee, the Company will claim against the carrier on the Buyer's behalf in respect of non-delivery or short delivery by the carrier or damage in transit provided the Buyer notifies both the Company & the carrier in writing of any such claim within 7 days.
- Without prejudice to any other provisions of this clause all other liability is hereby excluded for any loss or damage howsoever sustained by the Buyer in connection with, or as a result of, any defect in the goods supplied, or any error or omission on the part of the Company in the performance of an obligation hereunder.
- In the event of any claim the Company shall have the option of replacing or crediting the value of the goods, thereby fully discharging all legal liability in respect thereof.
- Returned goods after delivery will not be accepted unless the company or the Company's representative have first had an opportunity of examining them before despatch from the Buyer's delivery address.
- The Buyer will be liable to indemnify the Company against all expense, loss or damage suffered by the Company as a result of claims for infringement of patents, trade marks, registered design, copyright or any form of print details, arising out of work done to the Buyer's direct instructions.
- The Buyer shall be entitled to cancel the Order for Stocked Products by giving to the Seller notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by telephoning, faxing, emailing or mailing to the contact details below. If there is a defect or fault in the Goods, the Buyer is required to notify the Seller of the problem at the time of cancellation by calling 0870 873 5535.
Phone: 0870 873 5535
Free Fax: 0870 873 5536
E-mail: [email protected]
Post: Ready Case Ltd,
Woodcock Industrial Estate,
- On cancellation, the Buyer shall return the Goods to the Company at its own cost unless the Goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Company, in which case the Seller will meet the cost of return subject to being able to nominate the carrier.
- Where the Buyer returns Goods to the Company for reasons other than such Goods being defective or faulty, the Company will only accept unwanted products at its sole discretion within 30 days of delivery. The goods must be unopened, in a saleable condition and will be subject to a restocking fee of £25.00 or 15% whichever is the maximum.
- The Buyer is required to ensure that any Goods being returned to the Company are safely and securely packaged to ensure that they are returned undamaged and suitable for re-sale. The Company reserves the right to charge the Buyer for any Goods which it is unable to re-sell due to the Buyer's failure to comply with this clause 10) j Goods are not Dispatched or Sold on a trial or return basis.
- On receipt of the returned goods the Seller will credit, exchange or refund the value of the goods to the Buyer, subject to clauses 10 h, i & j.
- Pallets remain the Company's property and are returnable within one month from date of actual delivery. The Company reserves the right to charge at market price for any pallets not returned within the stated period.
- Force Majeure
- Every effort will be made to carry out any contract based on the quotation but the due performance of it is subject to variation or cancellation owing to force majeure, which term shall be deemed to include, but shall not be limited to, any Act of God, War, Strike, Lock-out, Fire, Flood, Drought, Riot, Civil Commotion, restriction by Government or other competent Authority, any natural or accidental disaster, industrial dispute or any breakdown of machinery or any cause beyond the Company's control or owing to the Company's inability to procure materials or articles due to any of the foregoing causes.
- If any of these conditions or any part of these conditions is rendered void by any legislation to which it is subject it shall be void to that extent and no further. If any of these conditions or any part of one of these conditions is rendered unenforceable by any legislation to which it is subject it shall be enforceable to the extent that it is not fair or reasonable to allow reliance on such a condition or part thereof, but no further.
- A waiver by either party of any of the terms and conditions of this contract and/or any breach thereof shall apply only to the particular instance or instances in which such waiver occurs, and shall not affect or impair the further continuance in force of such terms and conditions, or the right of either party to avail itself of such terms and conditions upon any subsequent breach or breaches thereof.
- Governing Law
- This contract shall be governed and construed in accordance with the laws of England and the Buyer agrees to submit to the jurisdiction of the English Courts.