Terms & Conditions of Sale

In these terms and conditions the following shall have the meaning attributed to them below:

‘Company’  means Callancote Ltd.

‘Customer’  means the person or company that accepts a quotation for the sale of goods from the Company or whose order for goods is accepted by the Company.

‘Goods’       means the goods (including any parts) sold by the Company to the Customer as evidenced by the Company’s standard order form.

1. Order

All orders are subject to approval by the Company and the terms and conditions set out below shall be deemed to be incorporated in any order accepted by the Company.

2. Acceptance

    2.1   All orders are subject to availability of suitable material required at the time.

    2.2   The Company reserves the right to alter the contract price at any time prior to delivery of the order to reflect any change in the cost of raw materials required to complete the order, any currency fluctuations, any delay on the part of the Customer in placing the order or otherwise. 

3. Catalogues

Illustrations and data contained in the Company’s literature or catalogues are approximate and for information only, and the Company reserves the right to make such alterations or amendments, deletions or additions to the same as it shall in its absolute discretion deem fit.

4. Cancellation / alteration

    4.1   The Company reserves the right, at any time during the contract, to make such alteration to the specification of the materials used in order as it deems desirable or necessary provided always the overall quality of the order shall remain materially the same.

   4.2    Alterations to the order may be carried out by mutual agreement with the Company, the Customer paying such amount as the Company shall advise to take into account any additional work incurred. 

5. Termination

The Customer may terminate this agreement at any time by giving notice in writing to the Company of its intentions to do so. Termination by the Customer shall render it liable for the full contract price of the order and other costs incurred by the Company.

6. Carriage

Not withstanding that the price stated may include the cost of carriage from the Company’s premises the risk in the Goods (save for when the contracted is stated to be C.I.F. (carriage, insurance, freight) shall pass to the Customer upon their transfer to the Customer’s carriers transport.

7. Dispatch

Although the Company shall make every effort to ensure prompt dispatch, the time for dispatch shall not be of the essence and the Company shall not be liable for delay or failure for whatever reason to dispatch in whole or in part any order for Goods and the Company may dispatch any order in instalments. No warranty is given in respect of any dispatch date set out in the order and the dates stated are estimates only and relate, unless stated to the contrary, to the availability ex-works provided that in the event of any delay the Company shall keep the Customer advised of the progress of the order.

8. Non-Delivery, Damage & Defects

    8.1 Goods delivered will be deemed accepted by the customer and as fully in accordance with order delivery advice note unless:

    8.1a In case of non-delivery, the Customer gives the Company notice in writing immediately it becomes aware (but in any case within 10 days of the delivery) of any items which are not delivered. Failure to do so shall release the Company from any liability hereunder.

     8.1b In the case of any damage to the goods occurring prior to or at delivery or in the case of any shortfall in the goods delivered, the Customer gives the Company notice in writing immediately it becomes aware (but in any case within 3 days of the delivery) of any items damaged or missing. Failure to do so shall release the company from any liability.

    8.2 In the event of any claim submitted to the Company the Customer must retain all packages and containers relating to basis of the claim and must make the same available for inspection by the Company, its carriers of other representatives.

    8.3 The Company shall in no event accept liability in respect of goods damaged after delivery.

    8.4 Claims in respect of defects must be made in writing  within seven days of delivery in each case, and the Goods, packaging and labelling in respect of which defect is claimed must be retained for inspection by us for a period of 28 days after  written notification  to the Company. In relation to all claims for which the Company is liable, our liability shall be limited to replacement of the lost, damaged  or defective Goods as the case may be, and shall not under any circumstances be liable for any time, indirect loss or third party claim.

9. Title

Orders are accepted on condition that the ownership of the goods shall remain with the Company and shall not pass to the Customer until the Company receives payment in full for the Goods delivered under the invoice. Until such time, the Customer shall keep the Goods in question as fiduciary agent and bailee for and on behalf of the Company. The Customer shall store and segregate in such away that they can be identified as the Company’s property, should keep them properly stored, protected and insured and shall deliver them to the Company upon request and the Company shall be entitled to enter the premises where they are stored to retrieve them at any time. The Customer will however be entitled to re-sell such Goods within the framework of normal business and to deliver them to the Customer’s customers on condition that so long as title to such Goods remains with the Company, the Company shall legally and beneficially be entitled to the proceeds of sale which the Customer will hold on trust for the company or where applicable the Customer will assign or transfer to the Company the claims the customer has in respect of such sales 

10. Force Majeure

   10.1 Here Force Majeure shall mean, in relation to the Company, any circumstances beyond its reasonable control (including, without limitations, any strike, lock out or other form of industrial action).

   10.2 If the Company is affected by Force Majeure it shall forthwith notify the customer of the nature and extent thereof.

   10.3 The Company shall not be in breach of this agreement or otherwise be liable to the Customer, by reason of any delay in performance or non-performance, of its obligations hereunder to the extent that such delay or non-performance is due to any Force Majeure of which it has notified the customer, and the time for the performance of that obligation shall be extended accordingly.

   10.4 If the Force Majeure in question prevails for a continuous period on excess of six months, the parties shall enter into bona fida discussions with a view to alleviating its effects or to agree upon such alternative arrangements as may be fair and reasonable.

11. Guarantee

No guarantee or warranty expressed or implied is given as to the suitability of the Goods supplied pursuant to this agreement for any particular intended use of the Customer , the Customer should rely on its own investigations, enquiries and expertise in this regard. No liability is accepted, to the extent the law permits, for damages arising directly or indirectly as the result of the failure of the Company’s instruments.

12. Specification – Character of Goods

All sizes and thicknesses are approximate. The following tolerances will be deemed acceptable:-

On overall widths    + or –  4% subject to a minimum of 4mm.

On overall Lengths  + or –  6% subject to a minimum of 6mm.

On film thickness    + or – 10% based on weight calculations.

Where size is critical we suggest a sample of the product to be packed must be submitted to the Company in order to agree size and tolerance before acceptance of the order.

13. Quantities

With regard to the quantity of goods specified, a shortage or surplus not exceeding 10% and charged pro-rata, will be considered due execution of any order.

14. Minimum values and quantities

The Company reserves the right to set minimum order values and minimum order quantities for any pattern, material or other items featured in the Company’s promotional material and catalogues or any items made to Customers specification.

15. Printing, originations, plates (stereos or blocks) and artwork

    15.1 Colour and intensity of colour of printing or substrate shall be subject to reasonable variation.

    15.2 Where plates are supplied by the Customer; the Company accepts no responsibility for damage sustained during printing.

    15.3 Artwork and printing plates will be charged at extra cost unless supplied by the Customer. Acceptance of your order is subject to your written approval of artwork supplied by the Company, and the Company’s agreement to proceed with any design proposed by the Customer. Quoted lead/delivery times are effective only from the date of mutually approved artwork.

Please note: The Company will only quote for originations etc. on receipt of the Customers proposed artwork. In the case of non-account Customers we must receive payment before proofs and designs are produced.

16. Storage and usage

To prevent possible deterioration, we strongly recommend that our polythene products are used within 6 months of delivery, and stored out of direct sunlight at 15-20 degrees C.

17. Payment

Payment for goods (including VAT) shall be made by the Customer against the agreed credit account, or by Pro-Forma invoice.

19. Legal Construction.

The contract shall be in all respects constructed and operate as an English contract and conforming to English law, any dispute arising out of the contract shall not be referred to arbitration except by mutual agreement between the parties. The application of the uniform laws on international sales shall be excluded. The complete or partial invalidity or unenforceability of any provisions of these conditions shall in no way affect the validity or enforceability of such provision for any other purposes or the remaining provisions of the conditions.

home..