These conditions are only valid for online purchases.
Supplier: Emet Packaging Ltd
Customer: Any Person or Company who’s order has been accepted by the supplier
1. General
Orders are accepted on these Terms and Conditions. No subsequent Terms or Conditions stipulated by the Purchaser are to amend or vary the following conditions except so far as expressly agreed by us in writing. These terms shall automatically take priority over the Purchaser’s conditions of purchase and the Purchaser's act of providing a delivery instruction constitutes an unqualified acceptance of these Terms and Conditions. In these Terms and Conditions the terms "us" and "our" mean and referr to Emet Packaging Ltd.
2. Orders
Unless agreed in writing the order is accepted by the supplier when the goods are either delivered or attempted to be delivered.
3 Delivery3.1 The risk in the products will pass to the customer when they are delivered and signed for
unless
agreed beforehand in writing that the goods may be left unsigned for.
3.2 The supplier may at its discretion deliver the goods by instalments in any sequence.
3.3 The Supplier may deliver to the customer and the customer shall accept in satisfaction a lower
quantity
than the number of goods ordered.
3.4 When a lower quantity is delivered a credit will be raised for the missing amount.
3.5 The supplier shall not be liable for any penalty, loss , injury , damage or expense arising from
any delay or failure to deliver on time, nor can the customer refuse the delivery if it is late.
3.6 For orders placed before 11am all deliveries that weigh under 100kg will be delivered next day
unless notified in writing by the supplier.
3.7 For orders placed after 11am we cannot not guarantee next day delivery. It will be delivered
the following day.
3.8 For goods that weight over 100kg they will be delivered via a pallet network and for orders
placed before 11am they will be delivered either next day or the following day. (For orders
placed after 11am this will be increase by one day)
3.9 For orders weighing over 100kg someone must be in to receive the delivery. If there is no one
to receive the delivery please notify us in writing of which working day or alternative delivery
address that the products can be delivered to.
3.10 The above are guidelines only and are assuming the products are in stock at the time of order.
3.11 Any delivery date given by the supplier will be an estimate date only and will endeavour to
comply. However the Supplier will be not be responsible for any late delivery.
3.12 Goods weighing less than 100kg will be delivered by APC or another nationwide or
international courier unless notified in writing by the supplier.
3.13 Goods weighing over 100kg will be delivered by a local nationwide pallet delivery network
partner.
3.14 For all deliveries made by a courier if there is no answer a card will be left in the door asking
you to arrange for a redelivery or notifying you of another delivery date. If you are asked to
arrange for a redelivery the goods will be held at the local courier company for approximately
3-5 working days at which point they will be returned to the supplier.
3.15 The courier may attempt when possible to leave the delivery with a neighbour
3.16 For all deliveries made by the local nationwide pallet delivery network they will attempt to
deliver it once only. If there is a secure place to leave the pallet, for example a barn they will
be willing to leave it but the supplier must receive written confirmation from the customer. If
the goods are returned to the local depot you could be required to pay a redelivery charge.
4 Delivery Failure
4.1 If the customer fails to take delivery and the goods are returned to the supplier the order will
be considered cancelled and the customer will be charged a re-stock fee or if agreed in writing
the supplier may redeliver, but is entitled to charge a re-delivery fee.
4.2 If the goods are returned and there is no contact made with the supplier the payment for the
goods will be refunded minus the re-stock fee.
4.3 If the customers fails to take delivery of the goods or any part of them on the due date and
provide any instructions or documents required to enable them to be delivered on the due date
the customer shall pay to the supplier any costs incurred including storage, redelivery charges
or insurance charges.
5 Returns and Claims
5.1 Unless otherwise agreed, all pallets used for the delivery of goods will be invoiced at the then
current price and must be paid for by the due date.
5.2 Unless otherwise agreed, pallets may be returned (provided they are in good condition) to us or
our supplier in such minimum quantities as we shall agree and a credit at their invoiced value
will be raised accordingly.
5.3. Pallets and packeging are suitable for usual conditions of transport on the United Kingdom
mainland, or for delivery to UK port but no other warranty is given in relation to palets or
packaging.
5.4 As some of our goods are fragile and being delivered by a third party we cannot guarantee the
goods will arrive as they have left our premises
5.5 All products are packed according to their shipping type and with sufficient packing. All care is
taken by the couriers or pallet delivery companies to deliver the products in good condition.
5.6 If the goods are rejected when delivered due to damage they will be inspected upon their
return to the depot. If the goods are not damaged the customer will be required to pay for their
redelivery.
5.7 If the customer accepts the goods but finds the goods are damaged a digital photograph of the
products in the box will be required before any replacements will be sent.
5.8 All Damaged products will be replaced by the supplier at no cost to the customer.
5.9 If the customer does not wish to receive the goods and they are returned they will be charged a
restock fee.
6 Compliance
6.1 We shall make reasonable endeavours to ensure that any goods supplied by us under a contract
to which these Terms and Conditions apply shall be of merchantable quality and correspond
with any written description and are fit for any purpose which has been notified to us in writing
and accepted by us.
6.2 For the purpose of the Materials and Articles in Contact with Food Regulations 1987 (as
amended) and any similar regulations in any jurisdiction apart from the United Kingdom to
which we have been informed that the goods will be sent (and for no other purposes) and
without prejudice to any exclusion or limitation of liability contained in these conditions, we
confirm that, in the case of glass containers supplied by us and which it has been made known
to us are intended to come into contact with food, he glass used for those containers is a
packaging material suitable for food use.
7 Payment
7.1 Unless agreed with the supplier all goods are shipped on a proforma basis. The funds must be
cleared into the suppliers account before goods are shipped.
7.2 Payment can be accepted by, Credit Card, Bacs Transfer, Cheque or cash if being collected.
7.3 Credit accounts will not be created until sufficient references have been provided. (2 trade and
one bankers)
7.4 All credit accounts are strictly 30 days. Unless agreed in writing with the supplier.
7.5 If the payment is not received by the due date or the customer commits an act of bankruptcy, or
makes any composition or agreement with his creditors or being a limited company that goes
into liquidation or has a receiver appointed, we shall be entitled to suspend deliveries and / or
by notice to the customer the contract without prejudice to any rights we may have against the
customer.
7.6 Until full payment for each consignment of goods has been received by us, title to the goods
shall remain vested in us and the customer shall hold and keep the goods on a fiduciary basis
as our bailee and shall store the goods separately in good condition, clearly identifying them as
ours and returning them to us on request.
7.7 If payment is not made by the due date, we shall exercise our statutory rights to claim interest
and compensation for debt recovery costs under the Late Payment of Commercial Debts
(Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002.
7.8 The goods remain the property of the supplier until the goods have been paid for.
7.9 All prices are based in pounds and converted into the relevent currency.
7.10 All invoices through jbconline.co.uk and emetpackaging.co.uk are converted into pounds.
7.11 All prices quoted are in pounds unless otherwise stated.
8 VAT
Value Added Tax will (if chargeable) be added to the standard prices at the appropriate rate ruling on the day of dispatch.
9 Liability
9.1 Except as mentioned in these terms and conditions, all other statements, warranties and
conditions whether expressed or implied statutory or otherwise (other than with respect to our
title to the goods) are here by excluded.
9.2 The use of a description shall not of itself constitute a sale by description. Reference to
capacities, colour, weight, use and quantity are all approximate and a reasonable variation shall
be accepted by the customer.
9.3 These terms and conditions represent our entire liability under the contract and we shall not be
liable in any event for any direct or consequential or indirect loss (including loss of profit) or
damage or expense arising from the order. In no circumstances shall our liability to the
customer, whether for breach of contract, or in tort or statutory duty or otherwise exceed the
price of the goods in respect of which a breach or liability is claimed.
9.4 The customer herby agrees to indemnify us against all claims and expenses in respect of the
goods or products incorporating the goods except such liabilities as have been accepted by us
in these terms and conditions.
9.5 Without prejudice the generality of 9.4 above, the purchaser herby agrees to indemnify us
against any liabilities, costs and expenses which incur by reason of any claim by any
subsequent customer or consumer of the goods or of any product incorporating the goods, or by
reason of any claim by any relative or dependant of such customer or consumer, arising from
any defect or alleged defect in the goods or in such product.
9.6 The customer herby agrees to indemnify us against all claims, actions, liabilities and expenses
in respect of any alleged breach of contract, tort, copyright, registered design, patent,
trademark or other right arising from the customer’s request for us to manufacture or supply any
goods to the customers design, specification or request or instructions.
10 Detailed Matter
10.1 All drawings, descriptive matter, weights, dimensions and shipping or other specifications
submitted with quotations and the descriptions and illustrations container in our catalogues,
pamphlets and price lists are approximate and explanatory only, being intended merely to
present a general idea of the goods described therein. Their use shall not in any circumstances
constitute or be deemed to constitute sale by description.
11 Law
11.1 English law applies and the English court shall have exclusive jurisdiction. Marginal headings are
for convenience only. In all references time shall be of the essence.
