TERMS AND CONDITIONS

 

Copyright

This website constitutes a creation protected by copyright, as well as a database on which Kalsi Plastics or its affiliates hold the copyright and the rights as producer. All texts, lay-out, drawings, photos, films, graphics and other elements of this site are protected by copyright. Any copy, adaptation, modification, translation, arrangement, communication to the public, location or any other exploitation, of any part or whole of this site, under whichever form or by whatever means, whether electronic, mechanical or by other means, is strictly prohibited, except prior authorisation in writing by Kalsi Plastics

Trademarks and Tradenames

All denominations, logos, and other signs of Kalsi Plastics or its affiliates, are trademarks and/or tradenames protected by law. Kalsi Plastics strictly prohibits any use of those or similar signs, except prior written authorisation by Kalsi Plastics

Liability for Content

Kalsi Plastics website is intended to provide general and background information on Kalsi Plastics, its affiliates and their respective activities. Kalsi Plastics is not liable for the content on the site although it undertakes reasonable efforts to ensure information is accurate and complete. Information is provided to the user “as is” and without warranties or representations of any kind, either express or implied.

The access and use of this site is at the user’s own risk. Kalsi Plastics is not liable or accepts or any responsibility for any damages including but not limited to direct, indirect, incidental, consequential and special damages, alleged to have been caused by or in connection with the access and/or use of this site or for the absence of any specific information.

Unless specifically specified, the contents within the site are not considered to be part of the terms and conditions of sale

Kalsi Plastics may modify and/or remove some and/or all sections of this site without prior consent at any time at its discretion. Kalsi Plastics assumes no responsibility to update this site

Kalsi Plastics is not liable for the content or the existence of third party sites to which hyperlinks are created. Any links to third party sites are at the user’s own risk and have no connection to Kalsi Plastics

By entering this website, you agree to the Kalsi Plastics terms and conditions of use. Please do not use the website if you do not agree with the terms

Definitions

1. In these conditions the following words shall have the following meanings:

“The buyer” means the person, firm or company who accepts a quotation of the seller for the sale of the Goods, or whose order for the goods from the seller is accepted by the buyer.

“The seller” means Kalsi Plastics

“Conditions” mean the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.

“Delivery Date” means the estimated date for the delivery of the goods.

“Goods” means the price for the goods (excluding carriage, packing, insurance and VAT)

“Special Orders” means goods that are not usually kept in stock by the buyer and are manufactured at the request of the seller

2. Conditions applicable

2.1 Unless otherwise agreed in writing these conditions shall prevail over any conditions stipulated by the buyer. This does not affect the statutory rights of a consumer.

 

2.2 A quotation is valid for a maximum of 7 days from its date. A quotation does not constitute a binding agreement and are not open for acceptance by the buyer. Quotations for goods in stock at the time of quotation are subject to being unsold when a buyers order is accepted

 

2.3 By placing an order, the buyer has made an offer to the seller. Upon written acceptance of the buyers order by the seller, a contract shall come into existence

 

2.4 The buyer is responsible for ensuring the accuracy and suitability of its order. The seller will not be held liable nor will assume responsibility for any errors on the order

 

3. Delivery date

3.1 Any delivery date specified shall be approximate only and time for delivery shall not be of the essence of the contract.

 

3.2 If the buyer refuses or fails to take delivery of goods by the seller, hereunder the seller shall be entitled to store the goods at the risk of the buyer. The buyer shall in addition to the price pay all the cost of such refusal or failure. The seller shall be entitled after expiration of 3 months from the date upon which the price became payable to dispose of the goods in such manner as the seller may determine.

4. Price

4.1 All price quotations are calculated from costs applicable at the date of such quotations.

 

4.2 All prices quoted by the seller are exclusive of value added tax. The seller shall not vary the price unless agreed in writing between the parties.

 

4.3 Prices on quotations are valid for 7 days. Should an order not be placed by the buyer and accepted by the seller within 7 days, a new quotation will be required

 

5. Risk

5.1 All goods are at the buyers risk from the time of delivery to or collection by the buyer or his agent or delivery to the place stipulated in the contract.

 

6. Delivery by instalments

6.1 Where delivery is by instalments each instalment shall be deemed to form a separate contract and non or late delivery of any instalment shall not affect the balance of contract or entitle the buyer to cancel the same.

 

7. Non delivery

7.1 The seller must be notified of non-delivery within 3 days of receipt of notification of despatch.

 

8. Time for payment

8.1 All sums due to the seller shall be paid at the time the order is placed by the buyer and accepted by the seller.

 

8.2 Payments made by cheque will not be accepted or the order will only be accepted upon cleared funds being received

 

9. Property in the goods

9.1 Risk

The risk in the goods shall pass to the buyer when the goods are available for delivery to the buyer at the point of delivery stated in the conditions unless otherwise agreed by the parties in writing.

 

9.2 Title

Property in the goods supplied shall not pass from the seller to the buyer unless and until the seller has received payment in full (in cash or cleared funds) in respect of,

9.2.1 The goods; and

9.2.2 Any other sums which become due to the seller from the buyer on any other account whatsoever.

 

9.3 Storage of Goods

Until property in the goods has passed to the buyer, the buyer must;

9.3.1 Hold the goods on a fiduciary basis as the seller’s bailee;

9.3.2 Store the goods (at no cost to the seller) separately from all other goods and in such a way as to enable them to be identified as the property of the seller; and

9.3.3 Keep the goods full insured to their full market value.

 

9.4 Recovery of the Goods

The seller reserves the right to repossess and uplift any goods supplied to the buyer and thereafter to resell the same and for this purpose the buyer grants the seller, its agents and employees an irrecoverable right and license to enter any premises where the goods or other products are or maybe stored with or without vehicles during normal business hours.

 

9.5 Recovery of Proceeds and Sale

The buyer may resell the goods on the following conditions;

9.5.1 Any sale shall be affected in the ordinary course of the buyers business at full market value, and

9.5.2 The buyer shall hold such part of the proceeds of sale or otherwise as represent the amount owed by the buyer the seller, whether tangible or intangible, including insurance proceeds, separate from any moneys or property of the buyer and any third parties and in fiduciary capacity on behalf of the seller until payment has been received in full.

 

9.6 Termination of Buyer’s Rights

The buyer’s right to possession shall terminate immediately if;

9.6.1 The buyer has not paid all amounts due to the seller on any account whatsoever.

9.6.2 The buyer is declared bankrupt or makes any proposal to his creditors for composition or other voluntary arrangement with its creditors or does or fails to do anything which would entail a petition for winding up or a bankruptcy order to be presented.

9.6.3 The buyer fails to do anything which would entail any person to appoint a receiver to the whole or part of the buyer’s assets or would entail a petition for winding up of the buyer;

9.6.4 A judgement against the buyer remains unsatisfied.

9.6.5 the buyer is unable to pay a debt to a third party as it falls due and/or is deemed to be insolvent, or

9.6.6 Any distress or execution whether legal or equitable, is levied against any of the buyer’s assets.

 

9.7 Seller’s Rights

On termination of the contract, howsoever caused. The sellers (but not the buyers) rights contained in this clause 17 will remain in effect.

 

9.8 General

If any provision of these conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.

 

9.9 There will be no liability for either party for any failure to perform any of its obligation in the contract beyond its reasonable control or any delay in the performance of its obligations except for payment.

 

9.10 No failure or delay on the part of the Company to exercise any of its rights under the Contract shall operate as a waiver of nor shall any waiver by the Company of any breach by the Customer of any of its obligations under the Contract affect the rights of the Company in the event of any further or continuing breach.

 

9.11 The Conditions and the Contract shall not create or evidence, or be deemed to create or evidence, any agency or partnership between the Company on the one hand and the Customer or any third party on the other.

 

10. Extension of contract period

10.1 In the event of a strike, lockout or other industrial dispute, fire, flood storm tempest, Act of God, stoppage or substantial interference with transport or substantial inference with the supply of gas, water or electricity, prohibition of import or export, government decree or requirements whether local or national, riots , war or any other contingency of any kind whatsoever beyond the control of the seller causing a shortage of supply of labour , fuel or raw materials or of any other things necessarily impeding or interfering with the manufacturer, use or delivery or carriage of the goods such extension of time for performance of the contact shall be allowed, the seller by the buyer as be reasonable.

 

11. Defects

11.1 The seller shall have no liability in relation to any consequential loss or damage (whether for loss of profit or otherwise), cost, expenses and other claims for consequential whatsoever (and whether caused by the negligence of the seller, its employees or agents or otherwise) save so far as defects in the goods cause death, injury or damage to person or property to the buyer or any third party arising from the supply and/or installation or use of the goods.

 

11.2 The buyer acknowledges that it has examined the goods and has satisfied itself from the examination that the goods are of satisfactory quality and the goods are fit for the purpose of reliance on its own skill or judgement of the seller.

 

11.3 The seller shall not be liable in respect of any defect whatsoever unless the buyer notifies the seller in writing of such defects within 3 days after delivery but the liability of the seller in that respect shall be limited to a replacement or refund but not further or otherwise.

 

11.4 The seller shall not be liable to the buyer or be deemed to be in breach of this contract by reason of any delay in performing or any failure to perform  any of the sellers obligations in relation to the goods if the delay or failure was due to any cause beyond the sellers reasonable control.

 

11.5 The seller shall not be liable for any defect arising from wear and tear, or other acts of the buyer including but not limited to negligence, wilful damage, lack of maintenance or servicing, misuse, alterations, unauthorised repair or abnormal working conditions

 

11.6 Defective goods should be made available to the seller for inspection within 3 days of notification and be returned at the risk and expense of the buyer

 

11.7 A 25% re-stocking charge will be applied to all goods returned by the buyer unless there is a defect in which case the seller will provide a replacement or refund but not further or otherwise.

 

11.8 No refund or return will be accepted on orders that are made to order or considered to be special orders

 

12. Fitness for purpose

12.1 Where the goods are required for a purpose other than the normal or usual purpose for which such goods are commonly supplied then no condition or warranty of fitness for the purpose of the goods shall be implied unless the buyer has made known to the seller in writing the exact purpose for which the goods are intended to be used on or before the making of the contract.

 

12.2 The goods shall be manufactured and supplied in accordance with all applicable British standards which relate specifically to the goods but the seller may from time to time make changes in the specification of the goods which are required to comply with any applicable safety, statutory or EU requirements or which do not materially affect the quality or fitness for purpose of the goods. The seller will notify the buyer of any such changes in writing.

 

12.3 No order which has been accepted by the seller may be cancelled by the buyer except with the agreement in writing if the seller and on terms that the buyer shall indemnify the seller for the price of the goods in full the cost of all labour and materials and all charges and expenses incurred by the seller as a result of cancellation.

 

13. Intellectual property rights

13.1 The buyer shall fully indemnify and keep indemnified the seller from and against all claims for infringement or alleged infringement of third party or other industrial rights and all costs and expenses incurred in connection here with arising from the execution of the buyers orders in accordance with the buyers design plans or specifications.

 

14. Description of materials

14.1 All product specifications including drawings, weights and dimensions supplied by the company are approximates only. The company reserves the right without notice to the customer to make alterations and to supply goods altered in the performance of the contract.

 

15. Insolvency

15.1 The seller shall have the right forthwith to terminate the contract if the buyer shall convene a meeting of its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the insolvency act 1986 or a proposal for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors or if the buyer shall be unable to pay its debts within the meaning of section 123 of the insolvency act 1986 or if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or if a meeting is convened for the winding up of the buyer or for any amalgamation or reconstruction.

 

16. Pallets

16.1 Where palletised deliveries are requested by the buyer or deemed necessary by the seller then the cost of the pallets may be added to the price, pallets subsequently returned in the same condition as delivered will be credited to the buyer at the price originally charged.

 

17. Notices

17.1 Notices given hereunder shall be in writing and sent by first class post and addressed to the other party at its last known address or principle place of seller or its registered office and any such notice sent by post shall be deemed to have been received 48 hours after the letter containing the notice has been properly addressed, stamped and put in the post.

 

18. Third Party Rights

18.1 For the avoidance of doubt save as expressly provided herein nothing in these Conditions shall confer on any third party any benefit or the right to enforce any provision of these Conditions

 

19. Jurisdiction and choice of law

19.1 All orders accepted by the seller and any dispute or litigation arising therefrom shall be governed by English law and subject exclusively to the jurisdiction of the English courts.