Introduction

These Terms & Conditions shall apply to, and govern, all contracts between Challenge Packaging Limited (“The Seller”) and you (“The Buyer”). They shall apply as the complete and exclusive terms of each order. No proposed variation in any documents from the Buyer, including (but not exhaustively), any letter, receipt acknowledgement, or other form shall be effective unless expressly agreed in writing by the Seller.

These Terms & Conditions should be read in conjunction with the Service Level Agreement, if such an agreement has been entered in to.

By receiving these Terms & Conditions, the Buyer acknowledges that they have read, understood, and agreed to them in their entirety and that they accept that they are legally binding and apply to all sales made.

Prices

All prices are in Pounds Sterling unless otherwise agreed and are subject to Value Added Tax ("VAT") at the prevailing rate on the date of despatch.

If the Buyer places an order via the Sellers website, the price payable will be set out on the website at the time the Buyer places the order.

Whilst every endeavour will be made to maintain prices, the Seller reserves the right to alter prices at any time without prior notice.

The Seller reserves the right to increase the quoted price on bespoke items not included for sale on the website if there is an increase in costs to the Seller between the date of order and dispatch. This includes any exchange rate fluctuations.

Should expedited delivery be agreed and require overtime or other additional costs, these additional costs will be charged.

Work carried out at the Buyer’s request whether experimentally or otherwise will be subject to an additional charge. Additional charges will also be made to cover extra work involved where information supplied is not clear or legible.

Payment

In the absence of the express written agreement of the Seller to the contrary, all orders placed with the Seller prior to offering credit facilities will only be accepted on a pro-forma basis or online credit / debit card transaction.

The Buyer will be liable for all sums due to the Seller in respect of any order placed irrespective of whether such Buyer is acting as principal or agent.

If the Buyer fails to take delivery at the time specified in the Contract, the Seller shall be entitled without prejudice to any other rights, to invoice the products whereupon payment in full shall become due forthwith.

Should work be suspended or delayed through any default of the Buyer, the Seller shall be entitled to invoice and seek payment for work already carried out.

If the Buyer has a credit account with the Seller, payments shall be made 30 days end of month unless agreed otherwise. The buyer will make full payment to the Seller in accordance with terms agreed.

If payment is not made on the due date the Seller, without prejudice to its other rights hereunder shall be entitled to charge, in addition to any monies due hereunder, interest on the overdue outstanding amount at the rate 2% above the Bank Base Rate in force from the date the monies first became due until the outstanding amount is paid.

Payment can be made via bank transfer, BACS or payment link.

Delivery

Any date of delivery given by the Seller to the Buyer shall be an estimated date only and, while the Seller will always endeavour to comply with any such date, the Seller shall not be responsible for late delivery.

For products which are contracted for delivery by instalments, late delivery of an instalment shall not entitle the Buyer to reject any other instalment under the same Contract.

Without prejudice to the generality of the forgoing, the Seller shall not be liable for late delivery or failure to deliver through any cause, which is beyond the reasonable control of the Seller.

Every endeavour will be made to deliver the correct quantities ordered, but it will be a term of contract that margins of 10 per cent for overs or shortages shall be charged or deducted on bespoke customised products.

Estimates

Estimates given by the Seller shall be deemed to be withdrawn unless the Seller receives notice of the Buyers acceptance in writing within 7 days from the date hereof.

All prices for bespoke items are quoted subject to sight of final artwork and available production capacity.

In the case of work being cancelled by the Buyer, the Seller will be entitled to payment for work already carried out, materials ordered, and other additional costs involved, including all allocated and scheduled production hours which are no longer saleable.

Proofs & Origination

Any Author or Buyer corrections to artwork supplied by the Buyer and any additional proofs necessitated by such corrections will incur an additional charge unless included within the estimate.

The Seller accepts no responsibility for any breach of confidentiality, loss of reputation, financial or other loss arising, from carrying out the Buyer’s instruction to transmit proofs or other material via any electronic means. This includes e-mail or facsimile transmission.

Due to variations in equipment, paper, inks and other conditions between colour proofing and actual production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable. Where the greatest degree of accuracy is imperative, it is highly recommended to order wet proofs produced on the intended press as these can be guaranteed to produce more accurate results.

The Seller accepts no responsibility whatsoever for any errors when the Buyer has submitted proofs and any errors have not been corrected by the Author or Buyer.

Tooling and print origination not used within an eighteen month period is deemed redundant and may be destroyed without prior notice

Returns & Guarantees

If the Buyer orders the wrong product or has a change mind, products need to be returned within 7 days of receipt, at the Buyers own cost, unused and undamaged in the original packaging. The Seller will arrange a credit on account or refund for the products returned. In the event of the Buyer ordering the incorrect products and then returning them for a refund, any delivery costs incurred by the Seller will not be refunded. All returns will be subject to a 10% restocking fee.

In the event of machinery purchased from the Seller breaking down, all repair guarantees are based on a ‘back to base’ service. The product should be well packaged and returned to the Seller at the Buyers cost. Machinery guarantees are often supported by the manufacturer and vary from product to product. Full guarantee details are available prior to purchase.

Risk

All products are assumed to be at the Buyer's risk from the point of confirmed delivery, or attempted delivery at the location stipulated in the contract between the Buyer and the Seller.

Retention Of Title

Products shall remain the sole and absolute property of the Seller as legal and equitable owner of the products until payment of all sums due to the Seller from the Buyer, on any accounts whatsoever have been received in full by the Seller.

The Seller shall be entitled to serve notice on the Buyer indicating its intention to retake possession of the Seller’s products if the Buyer is in breach of the payment terms under this Contract or if the Seller reasonably considers that its property is in jeopardy. On receipt of such notice, the products shall immediately be returned to the Seller. Failure to do so, will entitle the Seller, its employees or agents acting on behalf of the Seller, the right to enter upon any land, building or vehicles of the Buyer to take possession of its products.

Any complaint by the Buyer for short delivery or damage to products shall have been notified in writing to the Seller within 7 days upon receipt of the products.

Any complaint by the Buyer for failure to deliver shall have been notified within 7 days of receipt of invoice or advice of dispatch, whichever is the earlier.

The Sellers entire liability shall be limited to the value of the products and the Seller shall be under no liability if the products are not paid for by the due date. The Seller expressly excludes liability for consequential loss to the Buyer and / or any third-party claims occasioned by delay, however so arising.

Your Order

We reserve the right to substitute products within an order with products of an equivalent nature (i.e. a yellow stretch film dispenser for a red one). If the Buyer does not wish to accept the substituted products, then the Buyer must return them to the Seller within 7 days of their receipt.

Website Password & Security

The Buyer confirms responsibility for maintaining the confidentiality of passwords, account details and all activities related to their account rests solely with them. The Buyer agrees to immediately notify the Seller of any unauthorised use of passwords or account activity.

Disclaimer

To the fullest extent permitted at law, the Seller is providing its website and contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to its website or its contents including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, the Seller does not represent or warrant that the information accessible via its website is accurate, complete, or current.

Consequential Loss

Without prejudice to the generality of the foregoing provisions, the Seller shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.

Right Of Recession

The Seller shall have the option, without prejudice to any of its other rights against the Buyer, by notice in writing to the Buyer to rescind any Contract between the Seller and the Buyer or to suspend delivery in the following circumstances:

If the Buyer is in breach of any term of the Contract or any other Contract with the Seller, or

If the Buyer enters any composition or arrangement with or for the benefit of its creditors or has a receiving order in bankruptcy made against them or goes into liquidation either voluntary or compulsory or under supervision or has a receiver appointed over all or any of its assets or if the Buyer threatens to cease trading.

Force Majeure

The Seller shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of the Seller. This includes, but is not limited to, any act of God, war, strike, lockout or other industrial dispute, fire, flood, drought, legislation, pandemic, or other cause beyond the Sellers control.

Contact With Delicate Substances

Where the products supplied consist of containers, wrappers or other articles intended for use in connection with any food, drug or substance of a volatile, delicate or fragile nature, the Buyer shall satisfy himself that such food, drug or other substance is not or is not likely to be affected by any material used by the Seller in the printing of or manufacturing of such containers, wrappers or other articles.

The Seller shall not be liable to the Buyer in respect of any claim alleging that such food, drug or other substance has been adversely affected and the Buyer shall indemnify and keep indemnified the Seller from and against all liability by third parties in respect of any claim that any such food, drug or other substance has been adversely affected and caused the third-party loss, damage or expense.

Size Of Materials

Unless specific warranties in writing are provided for accurate sizes, all sizes referred to on the Sellers website are approximate only.

Law

These Terms & Conditions and all other terms of Contract shall constitute the entire understanding and agreement between the Seller and the Buyer. These Terms & Conditions are governed by, and are to be construed in accordance with, the English Law and fall within the exclusive jurisdiction of the English Courts.