Terms & Conditions

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Trading Terms and Conditions

1. Definitions

Buyer the person who buys or agrees to buy the goods from the Seller.

Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

Goods the articles which the Buyer agrees to buy from the Seller.

Price the price for the Goods, excluding VAT.

Seller means Label Apeel Ltd of Bo House, 17 Pinfold Road, Thurmaston. Leicester. LE4 8AS

2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4 These Conditions may not be varied except by the written agreement of Stuart Kellock or Helena Mckinder, the Seller.

2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

3. Price

3.1 The Price shall be the price on the quotation provided by the Seller and accepted by the Buyer. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.

3.2 The Price quoted will be valid for 7 working days after which point a new Price will be generated.

3.3 Any costs incurred to the Seller resulting from amends required for Artwork, Production or Delivery after the point at which the Buyer has accepted the quote, will be charged to the Buyer. This includes but is not limited to:

3.3.1 Changes to Artwork after a Proof has been produced by the Seller

3.3.2 Changes to materials used resulting from unforeseen supply issues

3.3.3 Changes to requested Buyer delivery address resulting in increased delivery costs

4. Payment and Interest

4.1 Payment of the Price and VAT shall be due as per stated on the invoice.

4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.

4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

5. Goods

5.1 The quantity and description of the Goods shall be as set out in the quotation accepted by the Buyer.

5.2 The Buyer must approve all Artwork for new or amended products prior to Production. The Seller bears no responsibility for any errors produced in print that originate from approved Artwork.

5.3 The Seller agrees to keep all of the Buyer’s tooling, cutters, and pre-purchased material in stock for a period of 3 years from the point of most recent order of that product. If the buyer places no order using their tooling, cutters or pre-purchased material for a continuous period of 3 years, then the Seller may dispose of them. If the Buyer requires the repurchase of any of the above, then this is at their own cost.

5.4 For each product the Seller produces, an on-line record of that product is created, and a physical sample kept for referencing purposes. If the Buyer does not order that product for a period of 3 consecutive years, the on-line record will be made obsolete, and the physical sample disposed of.

5.5 Samples provided by the Buyer to the Seller are at the Buyer’s own risk. The Seller takes no liability or responsibility for the storage or return of the sample.

6. Warranties

6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the accepted quotation.

7. Delivery of the Goods

7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of doing so.

8. Acceptance of the Goods

8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.

8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.

8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

9. Title and risk

9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

9.4 The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

9.6 The Seller does not take any liability for any tooling purchased by the Buyer when it is stored at the Sellers premises or in transit. This includes any damage to all tooling, including cutters, screens, embossing/debossing tools and foil tools.

11. Marketing

11.1 The Seller may use any photographs, videos or any other form of media created by themselves or a third party on Company property containing the Buyer’s product for marketing in any form, provided that the Buyer has made the product available to the Public. The Seller may also use any media produced by the Buyer for marketing in any form.

11.1.1 Marketing includes on the Seller’s Company website, newsletters, press releases, any form of social media, exhibitions, industry competitions or any other activity that would reasonably fall under the category of Marketing.