Unless otherwise agreed in writing by the Seller these Conditions of Sale shall prevail over any terms or conditions stipulated, incorporated or referred to by the Buyer in their Order or negotiations (whether written or oral). The Buyer acknowledges that it purchases the goods in the course of its business.
A contract is formed when The Seller has accepted any order from the The Buyer and The Buyer has paid cleared funds in full. The Seller is not bound to accept an order and reserves the right to request payment in cash or cleared funds prior to acceptance of an order. In the event of an error in pricing, the Seller will inform The Buyer who will have the option to re-confirm the order at the correct price.
APL Packaging - Plain Packaging
It is our aim to offer excellent value for money and for you to be delighted with what you purchase. If you do not like, or do not want, your purchase, please send it back in its original packaging, and if received in an undamaged resellable condition we shall arrange a refund, less our shipping charges, without question. We do not accept returns of sale or seasonal goods. Goods must be returned within 30 days of delivery. We advise you to use a carrier who provides a Proof of Delivery. If you would like us to arrange collection we will do so at a charge of £13.50+VAT per parcel. Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
APL Packaging - Printed Packaging
APL Packaging Prints are produced on ready made products and there may be imperfections of print due to prior creasing and folding and the difficulty of printing on a made up product. In addition due to the short run nature of overprints an exact colour match is not guaranteed. Overprinted goods cannot be returned for credit unless there is an agreed manufacturing fault outside the tolerance for overprints and if this occurs the sellers liability will be limited to replacement of the goods. No responsibility shall be accepted for any customer or APL errors in a Proof which has been submitted to the buyer and approved by the buyer. Our online order pages draw attention to important F.A.Q's relating to print orders.
Generally if an item is out of stock it will be marked as such and online ordering will not be possible. In the event that an item is ordered and is not in stock we will back order it for you. You will be contacted with the option to cancel your order if you would rather not wait. Please telephone 01903 202 333 or email if you would like to order an out of stock item for delivery when in.
We add the current rate of VAT to our prices on invoices to the UK.
All prices included in calculations have regard to the price of raw materials, labour and all other overheads and expenses of the Sellers business applicable at the date of quotation.
In the event that the Buyer should not approve a proof the Seller will have the right to charge for artwork and proofing.
In the event that the Buyer should cancel an order following production without prejudice to any other remedy the Seller will have the right to charge the contract price.
Terms of payment
APL do not offer credit facilities. APL do not accept cheques including cheques paid in over counter. APL reserve the right to investigate that a payment is bona fide prior to shipping. In the event that goods are invoiced the Buyer shall pay all sums due to the Seller within 30 days of the date of the Seller's invoice notwithstanding that delivery of the goods may not have taken place. If the Buyer fails to make payment in full on the due date then without prejudice to any other right or remedy the Seller shall be entitled to cancel the contract and/or suspend any further deliveries and/or charge the Buyer interest on the amount unpaid at the rate of 5% per annum above the Bank of England Minimum Lending Rate from the date of payment with interest accruing on a daily basis.
Risk and property
In the case of goods to be delivered at the Seller's premises risk of damage to or loss of the goods shall pass to the Buyer at the time when the Seller notifies the Buyer that the goods are available for collection or in the case of goods to be delivered at the Buyers premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the goods the time when the Seller had tendered delivery of the goods. Notwithstanding delivery and the passing of risk in the goods the property in the goods both in law and in equity shall not pass to the Buyer until the Seller has received payment of the goods in full in cash or in cleared funds. Until such time as the property in the goods passes to the Buyer the Buyer shall hold the goods as the Seller's fiduciary Agent and Bailee and shall keep the goods separate from those of the Buyer and Third Parties and properly stored, protected, insured, clearly marked and identified as the Seller's property. Should the Buyer resell or otherwise dispose of the goods but not have accounted to the Seller for the price of the goods and all other goods agreed to be sold by the Seller to the Buyer and all other relevant monies it shall keep such proceeds of sale or other disposal that are due and payable to the Seller in a separate bank account and separate from any other monies or property of the Buyer and Third Parties. Until such time as the property in the goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and shall have irrevocable licence to enter upon any premises of the Buyer or of any Third Party where the goods are stored and repossess the goods.
Delivery of the goods shall be made by the Buyer collecting the goods from the Seller's premises at any time after the Seller has notified the Buyer that the goods are ready for collection or if some other place of delivery is agreed by the Seller delivering the goods to that place. Any dates quoted for delivery are approximate only and the Seller shall not be liable for any delay in delivery of the goods. Date or time for delivery shall not be of the essence. Where the contract provides for the delivery of the goods by instalments each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in delivery of any one or more instalments shall not affect the balance of the contract or entitle the Buyer to cancel the same. It is the Buyers responsibility to unload the goods from the vehicle making delivery. If the Sellers driver is obliged to unload the goods without assistance the Sellers reserve the right to charge a reasonable sum for such service.
APL normally delivers by DPD Local, signed-for delivery, next working day 9am - 5pm. If the Buyer opts out of signed-for delivery, neither APL or their carriers will be responsible for any loss.
The Seller shall be under no liability in respect of any defect in the goods or materials arising from any defect in any drawing, design, information or specification supplied by the Buyer. Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall be notified to the Seller within 5 days from the date of delivery or in the case of latent defects within a reasonable time after the discovery of the defect and the Seller shall be entitled to replace the goods. Otherwise, in the absence of notification to the Seller in writing of any defect in the goods supplied the Buyer shall be deemed to have examined and accepted the goods in good condition and free from any defects.
Contact with delicate substances
Where the goods supplied consist of containers wrappers or other articles intended for use in connection with any clothing food drug or substance of a volatile or delicate nature the Buyer shall satisfy itself that such clothing food drug or other substance is not likely to be affected by any material used. The Seller shall not be liable to the Buyer in respect of any claim alleging that such clothing food drug or substance has been adversely affected and the Buyer shall indemnify the Seller from and against all liability by Third Parties in respect of any claim that any such clothing food drug or substance has been adversely affected and caused the Third Party loss damage or expense.
Property rights etc.
The Buyer shall indemnify the Seller against all claims for infringement or alleged infringement of Third Party patent or other industrial property rights and all costs and expenses incurred in connection therewith arising from the execution of the Buyers order in accordance with the Buyers designs plans or specifications.
No responsibility shall be accepted for any errors by the Seller or the Buyer in a proof which has been submitted to The Buyer and approved by The Buyer.
Quantity, grammage, gauge, or dimension
The Sellers do not guarantee exact quantity, grammage, gauge, or dimension in respect of any goods supplied and shall be deemed to have fulfilled their obligations under the contract by delivery or manufacture of plus or minus 10% of the quantity, grammage, gauge, or dimension specified in the contract and the Buyer shall pay the contract rate for the actual quantity delivered. The Seller reserves the right to make any changes in the specification of the goods which do not materially affect their quality or performance.
Colours and ink transfer
Whilst every endeavour will be made by the Seller to match colours, exact matching cannot be guaranteed. The Seller shall not be liable for damage resulting from any transfer of ink from printed substrate.
The Seller shall not be liable for any failure to observe or breach of any of the terms hereof if the delay or failure was due either directly or indirectly to any cause beyond the Sellers reasonable control such as but not exclusively acts of God, explosion, flood, earthquake, subsidence, fire or accident, war or threat of war or preparation for war, sabotage, collapse of structure, breakdowns, industrial action, difficulties in obtaining raw materials or any other cause whatsoever beyond its reasonable control.
Insolvency of buyer
If the Buyer enters a voluntary arrangement with its creditors or has a petition for an Administration Order with its creditors or becomes subject to an Administration Order or becomes bankrupt or goes into liquidation or a Receiver and/or Manager or Administrative Receiver is appointed the Seller shall be entitled to immediately cancel the contract or any part thereof or suspend any further deliveries or require a cash payment before any delivery is made. If the goods have been delivered but not paid for the price shall become immediately due and payable.
Law and Statutory Rights
These terms and conditions are subject to change without notice and shall be governed by English Law and do not affect your Statutory Rights.