Legal
Terms & Conditions
Our terms and conditions of sale. These apply to all orders placed with TK Packaging Ltd.
Note: this is a working version migrated from our previous site and is being reviewed. For the definitive terms applying to your order, please refer to your quotation or contact us.
1. Definitions
In these Conditions: "Buyer" means the person who buys or agrees to buy the Goods from the Seller; "Seller" means TK Packaging Ltd.; "Goods" means the articles the Buyer agrees to buy from the Seller; "Price" means the price for the Goods excluding VAT, carriage and any other charges.
2. Conditions applicable
These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer, to the exclusion of all other terms and conditions. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods under these Conditions. Any variation to these Conditions shall have no effect unless agreed in writing by the Seller.
3. Price and payment
The Price is exclusive of VAT, which the Buyer shall additionally be liable to pay. Unless otherwise agreed in writing, full payment of the Price and VAT shall be made no later than 30 days following receipt/delivery of the Goods. The Seller may charge interest on any overdue balance at 5% above National Westminster Bank plc's base rate, accruing daily until payment is received. New customers may be asked to provide two trade references together with the name and address of their bank.
4. The Goods
The quantity and description of the Goods shall be as set out in the Seller's quotation or acknowledgement of order.
5. Warranties and liability
The Seller warrants that the Goods will, at the time of delivery, correspond to the description given. Custom-printed items and dielines are produced to the proof approved by the Buyer; the Buyer is responsible for checking and approving all proofs before production. The Seller's total liability shall not exceed the invoice price of the Goods.
6. Delivery of the Goods
Delivery shall be made to the Buyer's address on the date agreed. Any change to an order, including delivery details, requires written notice to and acknowledgement by the Seller.
7. Acceptance of the Goods
The Buyer shall be deemed to have accepted the Goods 24 hours after delivery. After acceptance the Buyer shall not be entitled to reject Goods that are not in accordance with the contract.
8. Title and risk
Risk in the Goods passes to the Buyer on delivery. Title to the Goods remains with the Seller, across all contracts between the parties, until the Seller has received payment in full of all sums due.
9. Remedies of the Buyer
Claims for damage, shortage or non-delivery must be notified in writing within 24 hours of receipt, with details noted on the delivery note. Cancellation of bespoke or custom-printed Goods after production has commenced is subject to a charge of 100% of the order value.
10. Termination
The Seller may terminate the contract, or suspend delivery, in the event of unpaid debts or the Buyer's insolvency. The Seller's liability under or in connection with the contract is in all cases limited to the invoice price of the Goods.
11. Governing law
This contract and these Conditions are governed by and construed in accordance with the law of England and Wales, and the parties submit to the exclusive jurisdiction of its courts.