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Terms & Conditions of Business

In these conditions the expression ‘the seller’ means A.T Sack Fillers Ltd.
1. In case where A.T Sack Fillers Ltd, company registration number 5407648
In the event of any conflict between these conditions and the conditions upon which a buyer seek to buy goods from the seller, theseconditions shall prevail except to the extent that any departure there from has been agreed in writing by the sellers
Liability The sellers and their principals if any, shall not be liable for any claim arising as of representation made about the suitability of the goods in question for any particular purpose or application unless such representations have been made in writing. The seller shall in no case be liable for failure by their own suppliers to complete the contract supply the goods or be liable for any claim for losses arising from late delivery of goods. The sellers shall in no case be liable for fundamental breach of the agreement for sale.
Title The owner of the goods will be transferred to the buyer when he has paid all that is owing to the seller in respect of any goods supplied what so ever. Until such payment has been made the buyer, if so required by the sellers, shall keep the goods in such a way that they are clearly seen to be the property of the sellers and the buyer agrees that if he should incorporate the goods in to another object or if the goods become in any way a constituent of another object the sellers will become the owners of such new object as security for the full amount owed to the seller by the buyer. Until payment of such full amount the buyer shall keep such object as fiduciary owner and if so required by the sellers, shall keep the same in such a way that they are clearly seen to be such. Nevertheless, the buyer shall be entitled to dispose of such objects to a third party in the normal course of trade and to deliver it on condition that if the sellers shall so require and, so long as any sum remains owing by the buyer to the sellers, the ownership of such objects shall still remain with the seller.
Payment
1. Unless otherwise agree, a deposit of 30% shall be paid to the sellers with the order, 60% shall be paid prior to the sellers goods being dispatched or on readiness for dispach whichever is soonest, and the balance paid with in twenty eight days after delivery.
2. The sellers reserve the right to charge interest on overdue accounts at the rate of 6% above the base rate for the time being of Barclays Bank PLC.
3. If discounts are agreed by the sellers then time shall be of the essence with regard to payment.
4. The purchaser shall take delivery immediately the sellers are ready to deliver and if there is any delay in the taking of delivery the sellersreserve the right to make a charge to the purchaser in respect of further costs resulting from such delay.
Goods supplied on sale or return basis Where goods are supplied on the basis that if not sold with in a specified period the purchaser may return them to the seller, then the sellers shall have the right to refuse to accept them in return if in any way damaged or unserviceable and the purchaser shall forthwith become liable to pay full price for such goods.
Indemnity The buyers shall indemnify the sellers in respect of any claim made against the sellers by their own suppliers or any other third party arising from the buyers failure to take delivery with in fifteen days of receiving notice that the goods are ready for despatch or the buyers failure to take proper precautions in dismantling or collecting the goods or the buyers failure in any way to observe the items of his agreement with the sellers.
Cancellation The sellers shall not be bound to accept cancellation of any order, which the buyers may request. In the event of the sellers agreeing to negotiate a cancellation of order then the buyers shall pay for the manufacturing cost already incurred together with the cost of the materials purchased to manufacture the goods, plus an amount of not less than 20% of the total order value for loss of profits. Any deposit paid by the buyers shall be used towards the cancellation costs and cancellation shall be deemed to have taken place only when the cost relating there to have been received by the sellers.
Health and Safety at work The buyer shall be deemed by the acceptance of these conditions to have undertaken to take what ever steps are necessary to ensure so far as is reasonably practical that the goods will be safe and with out risk to health when properly used.
ModificationsThe sellers shall not be liable for any loss or damage suffered by the purchasers either directly or indirectly resulting either from applications of machinery not approved of by the manufacturers or from modifications to the machinery without the sellers approval.
Any time stated for delivery shall be approximate only and subject to any delay caused by matters outside the sellers control. Any dispute under the agreement for sale shall be referred to an arbitrator to be appointed by the President for the time being of the Peterborough Incorporated Law Society and his decision shall be binding on both parties and this shall be deemed to be a submission to arbitration under the Arbitration Act 1950 or any statutory modification thereof for the time being in force.
These conditions and the agreement for sale shall be subject to and construed in accordance with English Law and shall only take effect Insofar as permitted by statute.

Conditions of Purchase

Interpretation
1. In these Conditions “Company” means A T Sack Fillers Limited and includes its successors and assigns; “Purchase Order” means the Company’s order for the purchase of goods or services; “Supplier” means the party to whom the Purchase Order is addressed; “Contract” means the contract between the Company and the Supplier for the sale and purchase of the goods and/or the supply and acquisition of the services described in the Purchase Order.
Conditions applicable
1. The Purchase Order constitutes an offer by the Company to purchase the goods and/or acquire the services described in it subject to these Conditions.
2. These Conditions are to apply to the Contract to the exclusion of all other terms and conditions on which any quotation has been given to the Company or subject to which the Purchase Order is accepted or purported to be accepted by the Supplier.
3. The Purchase Order may be withdrawn by the Company at any time prior to its unconditional acceptance by the Supplier. Supply of goods and/or services under the terms of the Purchase Order will be deemed unconditional acceptance.
4. No variation to the Purchase Order or these Conditions will be binding unless agreed in writing by an authorised representative of the Company.
Specifications
1. The quantity, quality and description of the goods and/or services are to be as specified in the Purchase Order and/or in any applicable specification supplied by the Company to the Supplier.
2. Any applicable specification and/or quantities may be subject to alteration at the instance of the Company at its sole discretion. The Supplier will give effect to any such variation as soon as received by it. In such case the company and the supplier will agree an adjustment in the price.
3. Any specification supplied by the Company to the Supplier, or specifically produced by the Supplier for the Company, in connection with the Contract, together with the copyrights, design rights and/or any other intellectual property rights in the specification, are to be the exclusive property of, and confidential to, the Company. The Supplier must not use or disclose any such specification except as required for the purpose of the Contract.
4. Unless otherwise agreed in writing by an authorised representative of the Company the Supplier must comply with all applicable British Standards and all regulations or other legal requirements concerning the design, manufacture, testing, packaging, packing, labeling and delivery of the goods and/or the performance of the services.
5. Goods must be marked in accordance with the Company’s instructions and all lawful requirements and properly packed and secured for delivery to the Company in an undamaged condition.
Price
1. The price of the goods and/or services will be as stated in the Purchase Order and may not be varied by the Supplier.
2. Unless otherwise stated in the Purchase Order the price is inclusive of all charges for packaging, packing, crates or containers, handling, shipping, carriage, loading, unloading, insurance and delivery of the goods to the point of delivery stated in the Purchase Order and any duties, imposts or levies (other than VAT).
3. The price is exclusive of any applicable VAT which will be payable by the Company subject to receipt of a VAT invoice.
Terms of payment
1. The Supplier will be entitled to invoice the Company on or at any time after delivery of the goods or performance of the services, and each invoice must quote the number of the Purchase Order.
2. Unless otherwise agreed in writing by an authorised representative of the Company, payment of the price will be due 60 days after the end of the month of receipt by the Company of a proper invoice or, if later, 60 days after acceptance of the goods or services by the Company.
3. The Company will be entitled to set off against the price any sums owed to the Company by the Supplier, whether under the Contract or otherwise.
Delivery and Acceptance
1. Delivery is to be made in the manner stated in the Purchase Order and must be accompanied by a delivery note.
2. Signature of a delivery note by the duly authorised representatives or agents of the Company is proof of delivery only.
3. The time of delivery of the goods and performance of the services is of the essence of the Contract.
4. The Company will be entitled to reject any goods delivered which are not in accordance with the Contract. The Company will not be deemed to have accepted any goods until the Company has actually inspected them following delivery or, if later, within a reasonable time after any latent defect in the goods has become apparent.
5. Notwithstanding clause 6.4 and section 35 of the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994, where the goods are to be commissioned by the Supplier on the premises of the Company (or elsewhere at the Company’s request) acceptance of the goods will not take place or be deemed to take place until such commissioning has been carried out and completed satisfactorily in all respects.
6. Notwithstanding that the Supplier’s obligations under this clause may have otherwise been fulfilled, performance of the Contract will not be deemed to have taken place until such time as all documentation specified in the Purchase Order has been furnished.
Risk and property
1. Risk of damage to or loss of the goods will pass to the Company on delivery in accordance with the Contract.
2. The property in the goods will pass to the Company on delivery, unless payment of the goods is made prior to delivery, when it will pass to the Company once payment has been made and the goods have been appropriated to the Contract.
Defects
1. The Supplier warrants that the goods: –
  1. Will be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier at the time the Purchase Order is placed;
  2. Will be free from all defects in design, material and workmanship.
  3. Will correspond with any relevant specification or sample;
  4. Will not infringe the rights of any third party.
2. The Supplier warrants that any services will be performed by appropriately qualified and trained personnel, with due care and diligence and to such high standard of quality as is reasonable for the Company to expect in all the circumstances.
3. Without limiting any other available remedy, if any goods or services are not supplied or performed in accordance with the Contract or develop a defect within 12 Months after acceptance of the goods by the company. The Company, at its option, will be entitled, notwithstanding any acceptance of the goods by the Company:
  1. To reject the goods, to require the Supplier to repair the goods or to supply replacement goods or services in accordance with the Contract; or
4. The Supplier will indemnify the Company in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by the Company as a result of or in connection with any breach by the Supplier of the Contract or any of these Conditions.