AP Burt Limited logo
     Manufacturers of printed paper retail packaging
 
+44 (0) 1275 372 886
 
 
   

 

Our Terms & Conditions of Business

  Definitions
1. In these Conditions the following words shall have the following meaning:

"The Company" - A P Burt & Sons Limited.

"The Products" - All and any items supplied by the Company to the Customer specified in the confirmation of order, subject to Clause 6.

"The Contract Price" - Such price relating to the Products as is shown in the Confirmation of Order subject to revision in the light of prevailing circumstances including, without limitation:

a) Any increase or decrease of the costs of raw materials, labour, overheads and other expenses incurred by the Company between the date of the acceptance of the Order and the date of delivery of the Products to the Customer.
b) Any variation following sight by the Company of final artwork and copy.

"The Contract" - The Contract for the supply of the Products.

"Confirmation of Order" - written confirmation of the description of Products to be supplied including, without limitation, details of the Contract Price.

"Origination" - shall include, without limitation, the following: artwork, blocks, stereos.
2. These are the Conditions subject to which the Products are being supplied and the Customer accepts that these Conditions shall govern relations between itself and the Company to the exclusion of any other terms and conditions and warranties whether written or oral, express or implied.
3. No variation or qualification of these Conditions shall be valid unless agreed in writing by the Company and the Customer.

  Payment
4.1 Payment of the Contract price shall be due 30 days from the end of the month in which the Company raises an invoice ("the Due Date").
4.2 If any sum is not paid by the due date for payment then, without prejudice to any other right or remedy:-
  • all sums then outstanding from the Customer will immediately become due and payable not withstanding that such sums would not otherwise be due until a later date, and the Company may apply a compensation charge to the Customer of £40 for outstanding sums up to £999.99: £70 for outstanding sums between £1,000 and £9999.99 and £100 for outstanding sums of £10,000 or more


  • the Company may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8% per annum above the bank of England base rate compounded monthly.
4.3 VAT will be charged at the relevant rate applicable at the tax point date.
4.4 In the event of the Contract involving more than one date for delivery the Contract may, at the Company's option, be treated as repudiated if, in respect of any one delivery, payment is not made by the Due Date and the Company shall be entitled to claim damages accordingly.

  Deliveries
5.1 Unless a delivery date is specified in writing the Product shall be delivered by the Company to the Customer's premises as soon as they are ready and in any event time shall not be of the essence.
5.2 The Contract Price is for delivery of the Products to the address or addresses shown in the Confirmation of Order and if none is shown to the Customer's premises.
5.3 If the Customer fails to accept any delivery the Company shall deliver an invoice in respect of the Products comprised in that delivery and shall be entitled to charge the Customer for any handling and storage charges incurred.
5.4 In the event of the Customer failing to accept delivery of the Products within 30 days of the raising of an invoice the Company shall, without prejudice to any other right it may have against the Customer, be entitled to resell the Products.
5.5 In the event of the Contract involving more than one date for delivery, and subject to Clause 4.4 above, each delivery shall constitute a separate contract as to the remaining deliveries.
5.6 The Products are at the Customer's risk from the time of delivery to the Customer or his Agent or, when delivery is not effected on the Company's own vehicle, on delivery of the Products to the carrier.

  Trade Tolerance
6. Every endeavour will be made to supply the correct quantity and specification of the Product ordered but owing to the difficulties of producing exact quantities and specification the Customer agrees to accept tolerances of plus or minus 10% unless otherwise agreeing in writing.

  Proofs
7. When proofs of work are submitted for the Customer's approval no responsibility will be accepted for any errors in such proofs once they are accepted by the Customer. Any such correction will be charged as extra to the Customer.

  Origination
8.1 Origination produced by the Company at the Customer's request will be charged for and such origination and any associated materials remain the property of the Company unless paid for by the Customer. The Company accepts no liability for any errors in origination.
8.2 Origination and associated material supplied by the Customer will be held at the Customer's risk and the Company accepts no liability whatsoever in respect of any such goods.
8.3 Origination and material supplied by the Customer may be rejected by the Company if it appears to the Company that they are unsuitable for the job for which they are supplied. Any additional costs incurred by the Company due to origination or materials supplied by the Customer and found to be unsuitable during production will be charged to the Customer.
8.4 If origination and materials have been supplied by the Customer responsibility for defective or imperfect work will not be accepted by the Company.

  Sample
9. Any specification given or sample presented is only intended to provide a general idea of the goods described and are therefore approximate only and do not constitute a trade description or sale by sample.

  Reservation of Title
10.1 The Products shall remain the property of the Company and the Customer shall hold the Products as bailee for the Company until such time as all sums owing to the Company under this or any other contract are paid.
10.2 Without prejudice to the Customers continuing obligation to the Company as bailee of the Products the Customer shall be entitled to resell the Products in the ordinary course of its business and monies received by the Customer upon resale shall be the property of the Company and shall be held by the Customer in trust for the Company until all sums owing by the Customer to the Company under this or any other contract have been paid.
10.3 The Customer grants to the Company an irrevocable licence to enter on to the premises where the Products are kept to repossess them in the event of insolvency as defined in Clause 15 or the Customer fails to pay the Contract Price by the Due Date.

  Shortages and Non Delivery
11.1 Any claims by the customer relating to any defect, shortage or other irregularities in the Products supplied shall be notified to the Company in writing within 4 days of delivery. In the case of non delivery the Company shall be notified in writing within 5 days of receipt of the invoice.
11.2 The Company's liability shall not exceed the Contract Price of the defective Products and shall not in any event extend to consequential loss.

  Product Usage
12. Where the Products are intended for use in connection with any food, drug or substance of a volatile or delicate nature it is the responsibility of the Customer to ensure that the Products will not adversely affect any such food, drug or other substance. The Company shall not be liable to the Customer for any claim alleging that any such food, drug or other substance has been adversely affected and the Customer indemnifies the Company from and against all liabilities by third parties in respect of any claim that any such food, drug or substance has been affected and caused the third party loss or damage.

  Force Majeure
13. The Company shall not be liable for any delay in delivery or non delivery of Products caused by any circumstance beyond the Company's control including, without limitation, any fire, flood, breakdown of machinery, strike, lock out or Court Order and in such circumstance the Company reserves the right to cancel or suspend the whole or part of any delivery.

  Cancellation
14. The Company may, at its complete discretion, accept cancellation of any order but any costs incurred by the Company will be charged to the Customer.

  Insolvency
15. In the event of a receiver being appointed of a Customer's property or assets, or of a Court Order being made or a resolution being passed for the winding up of the Customer or the Customer committing an act of bankruptcy or presenting a proposal for voluntary arrangement or having a bankruptcy petition presented against him, the Company shall be entitled, by notice in writing, to cancel all orders and contracts or part thereof outstanding between it and the Customer.
16. The Customer indemnifies the Company in respect of any claim, cost or expense arising out of any libelous matter printed for the Customer or any infringement of copyright, pattern or design.
17. This Contract is governed by English Law.