TERMS & CONDITIONS
Terms of Trading
The price quoted excludes VAT (unless otherwise stated).
Rates of tax and duties on the goods will be those applying at the time of delivery.
All orders placed before 1pm will go out for standard next working day service (Mon – Fri).Enviropack would ask you to allow extra time for delivery areas outside the UK mainland area.
If Enviropack is out of stock then we will inform you when we receive your order and expected delivery date.
If Enviropack fails to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
you may not cancel if Enviropack receive your notice after the goods have been dispatched; and
if you cancel the contract, you can have no further claim against us under that contract.
If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
Enviropack may deliver the goods in instalments. Each instalment is treated as a separate contract.
A delivery charge of £8.99 plus VAT will apply to all UK mainland areas only (this does not include Scottish Highland and certain rural addresses).
All goods must be checked and signed for at the point of delivery. After two attempts the goods are returned back to us. Enviropack reserve the right to re-charge any delivery costs if Enviropack re-send the goods to you.
Delivery and Safety
Enviropack may decline to deliver if:
Enviropack believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
the premises (or the access to them) are unsuitable for our vehicle.
The goods are at your risk from the time of delivery.
Delivery takes place either:
at our premises (if you are collecting them or arranging carriage); or
at your premises or if Enviropack are arranging carriage to a deputed messenger or courier when posted.
You must inspect the goods on delivery. If any goods are damaged (or not delivered), you must write to tell us within three days of delivery. You must give us (and any carrier) a fair chance to inspect the damaged goods.
The Company will accept no liability for damage or shortage in delivery unless the carriers delivery sheet is endorsed “cartons damaged / open and / unchecked”.
You are to pay us in cleared funds prior to delivery.
You do not have the right to set off any money you may claim from us against anything you may owe us.
You are to indemnify us in full and hold us harmless from all expenses and liabilities Enviropack may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
Where Enviropack require payment of a deposit, you the buyer acknowledge that the deposit is none refundable.
Until you pay all debts you may owe us:
all goods supplied by us remain our property;
you must store them so that they are clearly identifiable as our property;
you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
you may use those goods and sell them in the ordinary course of your business, but not if:
a. Enviropack revoke that right (by informing you in writing); or
b. you become insolvent.
If your right to use and sell the goods ends you must allow us to remove the goods.
Enviropack have your permission to enter any premises where the goods may be stored:
at any time, to inspect them; and
after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
Despite our retention of title to the goods, Enviropack have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
You are not our agent. You have no authority to make any contract on our behalf or in our name.
Warranties and Limitation of Liability
Enviropack warrant that the goods:
comply with their description; and
are free from material defect at the time of delivery (as long as you comply with clause 7.3).
Enviropack give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
If you believe that Enviropack have delivered goods which are defective in materials or workmanship, you must:
inform us (in writing), with full details, as soon as possible; and
allow us to investigate (Enviropack may need access to your premises and product samples).
If the goods are found to be defective in material or workmanship (following our investigations, and you have complied with those conditions (in clause 7.3) in full, Enviropack will (at our option) replace the goods or refund the price.
Enviropack are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if Enviropack are negligent.
Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to the cost the price of the goods.
For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.
If Enviropack prepare the goods in accordance with your specifications or instructions:
you must ensure that the specifications or instructions are accurate;
you must ensure that goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
you must ensure that your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
Enviropack reserve the right to make any changes in the specifications of our goods which are necessary to ensure they conform with any applicable safety or other statutory requirements.
Enviropack also reserve the right to make without notice any minor modifications in our specifications Enviropack think necessary or desirable.
Return of Goods
Enviropack will accept the return of goods from you only within seven days from the date of dispatch:
by prior arrangement (confirmed in writing);
on payment of an agreed handling / collection charge of £20.00 plus VAT and a 20% re-stocking charge (unless the goods were defective when delivered); and
where the goods are as fit for sale on their return as they were on delivery.
If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that Enviropack may then hold (or to which Enviropack are committed) for the order.
Enviropack may suspend or cancel the order, by written notice if:
you fail to pay us any money when due (under the order or otherwise);
you become insolvent;
you fail to honour your obligations under these terms.
You may not cancel the order unless Enviropack agree in writing (and clauses 2.2.2 and 10.1 then apply)
Waiver and Variations
Any waiver or variation of these terms is binding in honour only unless:
made (or recorded) in writing;
signed on behalf of each party; and
expressly stating an intention to vary these terms.
All orders that you place with us will be on these terms (or any that Enviropack may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
Circumstances Beyond Our Control
If Enviropack are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, Enviropack may cancel or suspend any of our obligations to you, without liability.
Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
If you are more than one person, each of you has joint and several obligations under these terms.
If any of these terms are unenforceable as drafted:
it will not affect the enforceability of any other of these terms; and
if it would be enforceable if amended, it will be treated as so amended.
Enviropack may treat you as insolvent if:
you are unable to pay your debts as they fall due; or
you (or any item of your property) become the subject of:
a. any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
b. any application or proposal for any formal insolvency procedure; or
c. any application, procedure or proposal overseas with similar effect or purpose.
All brochures, Website content, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
No contract will create any right enforceable [by virtue of the Contracts (Rights of Third Parties) Act 1999] by any person not identified as the buyer or seller.
The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either:
contained in our estimate (or any covering letter) and not withdrawn before the contract is made or
which expressly state that you may rely on them when entering into the contract.
Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
14. Product Design And Characteristics
14.1 Enviropack may occasionally alter or slightly change the design of items. Enviropack cannot accept these as faults. The sizes are only offered as a guide. Enviropack reserve the right to change specification without prior notice.
15. Internet Selling
15.1 The Seller can provide Photographic material for the use with the buyers marketing literature but the Studio / room shot settings MUST NOT be used on any of the buyers’ Websites or internet pages.
15.2 The Buyer MUST NOT use the Sellers product / item codes for their own Internet marketing purposes.
15.3 Enviropack does not permit any Buyer / Retailer to advertise or promote any Enviropack products on eBay or any other Auction Website, unless authorised.
16. General Information
16.1 Unless, otherwise agreed in writing by the seller, these conditions supersede any earlier conditions appearing in the seller's catalogue or elsewhere and override any terms and conditions stipulated, incorporated or referred to by the buyer, whether in the order or in any negotiations and all guarantees, warranties or conditions (including any conditions as to quality or fitness for particular purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negated (save where such exclusions are prohibited by the Unfair Contract Terms Act 1977).
16.2 All Drawings, photographs, illustrations, specifications, performance data, dimensions, weights and the like, whether contained in the contract or made by way of representation, have been provided by the Seller in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the goods, shall not be taken to be representations made by the Seller, and are not warranted to be accurate.
16.3 The sellers employees and agents have no authority to make any representation, statement or report not contained in or incorporated into the quotation by the seller and the seller shall not be bound by any unauthorised representation, statement or report if the seller adopts any changes in construction, design or specification of its products, the buyer shall accept the product so changed in fulfilment of the order.
16.4 Contracts are not subject to cancellation without the Seller’s written consent. Where cancellation is accepted, the Seller shall in addition to any express terms of cancellation be entitled to reimbursement of any costs incurred by the seller in connection with the contract.
16.5 Under no circumstance shall the seller be liable to the buyer for loss of profits or economic loss. The goods shall be at the buyer's risk from the time of delivery to the buyers’ premises or to such other premises notified to the seller on the order.
a. The goods and any other goods delivered by the seller to the buyer shall remain the sole and absolute property of the seller as legal and equitable owner until such time as all money due to the seller has been paid to the seller.
b. The buyer acknowledges that they are in possession of all such goods as bailey for the seller until such time as they become the property of the seller.
c. Until the goods become the property of the buyer, the buyer undertakes to store such goods on their own premises separately from their own goods or those of any other person and in a manner which makes them readily identifiable as the sellers’ goods.
d. The buyers’ rights to possession of such goods shall cease if they do anything or fail to do anything which would entitle a receiver to take possession of their assets or which would entitle any person to present a petition for the winding up or bankruptcy of the buyer.
e. The seller may for the purpose of examination or recovery of their goods enter upon any premises where they are stored or where they are reasonably thought to be stored.
f. In the event that the buyer purports to sell all or part of such goods before the property therein passes to the buyer the entire proceeds of such purported sale shall be held in trust for the seller and shall not be mingled with any other money or paid into any overdrawn bank account and shall at all times be identifiable as the seller's money.
g. The buyer warrants that they are not at the time of entering into this agreement insolvent, and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding-up or bankruptcy or to exercise any other rights over or against their assets.
DATED: 01/06/2017 *