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Terms Of Use
TERMS AND CONDITIONS OF CONTRACT

DEFINITIONS

In these conditions;
“the Conditions” means these terms and conditions of business
“the Company” means New Vision Packaging Limited
“the Customer” means any person, firm or company which accepts a quotation of the Company for the sale of the services or whose
order for the services is accepted by the Company
“the Recipient” means any person, firm or company which the Customer requests and the Company agrees the goods to be
delivered to
“the Services” means any Services, Supply of Products or Components of any kind which the Company is to supply in accordance
with the Conditions
“the Goods” means the goods which are the subject of the Contract upon which the company is rendering the Services
“the Contract” means any contract for the sales of the services by the Company to the Customer
“the Company’s Premises” means the location at which the company designates
“Force Majeure” means any circumstances beyond the reasonable control of the Company (including, without limitation, any strike
lock-out or other form of industrial action)
QUOTATIONS AND TENDERS
Quotations and tenders by the Company are valid for a period of 14 days from the date of the quotation or tender unless otherwise
stated or agreed by the Company in writing. All quotations and tenders are given by the Company on the condition that they do not
constitute an offer of contract

CONTRACTUAL TERMS
The Contract is, unless otherwise expressly agreed in writing by the Company, subject to the Conditions, which take precedence
over any terms and conditions of the Customer. The Company shall not be bound by any variation waiver of, or addition to, the
Conditions unless confirmed by it in writing
The Company shall not be bound by any oral warranty or representation given or made or purported to be given or made on its
behalf unless it is confirmed in writing by it

SAMPLES AND DESIGN
All samples and design, including any intellectual property contained within any such designs, will remain the express property of
the Company until payment for the packaging has been received in full
If, after submission of samples, the Customer places their order with another packaging supplier, or decides not to proceed with the
order for whatever reason, the Company reserves the right to invoice for these samples at a cost of £50 per hour. Full time-sheets
can be supplied to support any invoices

PRICE
The cost of the Service is Ex-works unless agreed in writing
Prices exclude Value Added Tax and all other taxes or duties whatsoever which shall, if applicable, be payable by the Customer at
the rate applicable from time to time
The Company shall have the right to increase its prices to the Customer to account for any alterations to the Services requested by
the Customer after the date of the Contract
The Company shall have the right to increase its prices to the Customer to account for increases in the Company’s costs outside of
their control (i.e. variations in exchange rates)
Insurance is not included unless requested in writing by the Customer

PAYMENT
All invoices are payable in full, without, discount of any kind, in pounds sterling within 30 days of the date of the invoice
In no circumstances whatsoever shall the Customer be entitled to make any deduction or claim any set-off or withhold payment on
any invoices for any reason at all
Time for payment shall be the essence of the Contract. If the customer fails to make a payment when due them without prejudice to
any other right it may have, the Company may charge the Customer interest (both before or after any judgment) on the amount
unpaid at the rate of 4% per annum above the base rate quoted by Barclays Bank, until payment in full is made (any part of a month
being treated as a full month for the purposes of calculating interest) and the Customer shall reimburse the Company all costs and
expenses (including legal costs) incurred in the collection of any overdue amount

RETENTION OF TITLE
All goods supplied by the Company on any contract shall remain the property of the Company until all monies outstanding by the
Customer have been paid. The Company shall maintain these rights regardless of whether the Customer becomes insolvent, has an
administrator or receive appointed, or is wound up (voluntarily or compulsorily), or enters into any composition or arrangement for
the benefit of it’s creditors

CUSTOMER UNDERTAKINGS
The Customer undertakes to;
reimburse all duties and taxes that the Company may be required to pay in respect of the Goods except to the extent that the
Company is required to accept responsibility for them in accordance with Condition 9
indemnify the Company against any loss or damage it suffers as a result of a breach of Contract by the Customer to include but not
necessarily limited to all costs and expenses (including professional fees) incurred in dealing with the breach and its consequences
and the Company’s reasonable charges in relation thereto

DELIVERY; PERFORMANCE
Goods are delivered to the Customer when the Company makes them available to the Customer or any agents of the Customer or
the Recipient or any carrier (who shall be the Customer’s agent whoever pays his charges) at the Company’s premises or other
delivery point agreed in writing by the Company
The Company may package and deliver the goods in installments in any sequence
The Company will use all reasonable endeavors to package and have the goods ready by any date quoted by the Company or
specified by the Customer but time shall not be of the essence and such dates shall not form part of the Contract
If the Customer or the Recipient fails to take delivery of the Goods or any part of them on the date they are made available and/or
fails to provide written instructions or any documents licenses, consents or authorizations required to enable the Goods to be
delivered the Company shall be entitled to store or arrange for the storage of the Goods and delivery shall be deemed to have taken
place and the Customer shall pay to the Company all costs and expenses including storage and all charges arising from its failure
The Company shall not be liable for any penalty, loss, injury or damage or expense arising from any delay or failure in delivery or
performance from any cause whatsoever nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or
performance of or repudiate or terminate the Contract

CLAIMS
The customer will notify the Company of any complaint within 14 days of the later of;
the cause of the complaint coming to the Customers knowledge
the Goods being delivered by the Company to or to the use of the Customer or the Recipient
Delivery for the purpose of this clause shall include deemed delivery
All claims under this clause must be in writing and contain full details of the claim including any details required by the Company
The Company shall have reasonable time to investigate the claim and the Customer must make available the Goods in dispute for
the Company to examine at the Company’s premises

WARRANTY
The Company warrants only that it will use all reasonable skill and care in performing the services
In no circumstances whatsoever shall the Company have any liability of whatever kind for any loss, damage, deterioration, delay,
non-collection, non-delivery, mis-delivery, unauthorized delivery or miscompliance with instructions of or to or in connection with the
Goods as a result of the Services
Except in the case of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the
Customer by reason of any misrepresentation (unless fraudulent) for any loss or damage or any implied warranty condition or other
term, or any duty at common law or under statute or under the express terms of the Contract, for any indirect, special or
consequential loss or damage (whether for loss of profit or otherwise), costs expenses or other claims for compensation whatsoever
(whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with
the supply of the Services and the entire liability of the Company under or in connection with the Contract shall not exceed the
invoice price of the Services except as expressly provided in the Conditions
If the Company is liable in accordance with this condition in respect of only part of the Services or some of the Goods the Contract
shall remain in full force and effect in respect of the other parts of the Services in the Contract
The Company shall not be liable in any circumstances whatsoever for goods which are lost or damaged in transit and all claims shall
be made against the carrier

TERMINATION
The Company shall have the right (without affecting any other claim right or remedy against the Customer) by notice in writing to the
Customer to terminate with immediate effect the Contract if;
any sum owing by the Customer to the Company is overdue under the Contract
the Customer is in breach of any term of the Contract
the provisions of Clause 13(b) apply

FORCE MAJEURE
The Company shall not be deemed to be in breach of any agreement incorporating the Conditions or otherwise be liable to the
Customer by reason of any delay in performance or non-performance of any of its obligations hereunder to the extent that such a
delay or non-performance is due to any Force Majeure of which the Company has notified the Customer, and the time for
performance of that obligation shall be extended accordingly

EXPORTS
For the avoidance of doubt the Conditions apply to orders from Customers outside the United Kingdom as well as those from within
the United Kingdom
In addition Customers from outside the United Kingdom are subject to the terms of this clause and if there is any inconsistency or
discrepancy between this clause and the remainder of the Conditions then the terms of this clause shall prevail:
orders must be covered by an irrevocable letter of credit to cover the purchase price and any other additional costs and charges
whatsoever, confirmed by a London Clearing Bank unless other arrangements have been made and agreed between the Customer
and the Company in writing
the Company’s prices do not include F.O.B. charges or any delivery charges to docks, airports, or otherwise to the Customer’s order
any obligation on the Company to carry or arrange for the carriage of any goods to any point outside the Company’s premises must
be agreed with the Company in writing and be entirely at the Customer’s expense and the Company will invoice the Customer
insurance is only effected on the Customer’s specific instructions and to the Customer’s specific requirements, notified to the
Company in writing, and entirely at the Customer’s own expense and the Company is under no obligation to accept any instructions
to effect any insurance cover
The notification period specified in clause 8 shall be extended by 7 days
Unless otherwise agreed in writing by the Company before the Contracts is made it is the responsibility of the Customer to make
provisions for the delivery of the goods outside the Company’s Premises and to provide all necessary instructions, documents,
licenses, consents, authorizations, permissions, and insurance required for the acceptance of the Goods from the Company on the
due date

GENERAL
For the avoidance of doubt the Company may engage the Services or employ any person, firm or company in order to carry out any
obligation it may have to the Customer
If the Customer fails to make any payment or otherwise defaults in any of its obligations under the Contract or any other contract or
agreement with the Company or become insolvent, has a receiver appointed or is wound up (voluntarily or compulsory), or enters
into any composition or arrangement with or for the benefit of its creditors, or the Company bona fide believes that any such event
may occur, then the Company may suspend or terminate the supply of the Services and shall be entitled to forfeit any monies
already paid.
The Contract and its subject matter are confidential and shall not be disclosed or used for any unauthorized purpose
The Contract cannot be cancelled without the written agreement of the Company and upon payment by the Customer to the
Company of 50% of the total contract price, or such other sum expressly agreed in writing by the Company
Any notice required or permitted to be given by either party to the other under the Conditions shall be in writing sent by pre-paid
registered or recorded delivery post addressed to that other party at its business address or last known business address and shall
be deemed to be served on the first working day following that on which the notice was posted
No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent
breach of the same or any other provision
The Customer shall reimburse the Company any legal or other costs incurred by the Company in enforcing the terms of any contract
incorporating the Conditions, such reimbursement to be on a full indemnity basis
If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of
the other provisions of the Conditions and the remainder of the provision in question shall not be affected thereby

ENGLISH LAW
The contract shall be subject to English Law and the Customer agrees to the exclusive jurisdiction of the English Courts in matters
regarding the Contract including the determination of any question or dispute however arising between the Company and the
Customer

HEADINGS
The heading in the Conditions are for convenience only and shall not affect its interpretation
 


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