Conditions of Sale

1. These conditions shall be incorporated into all contracts between Nissen Packaging (the Company) and any person or company (the Customer) for the supply by the Company of goods to the Customer. The Company contracts upon the terms of these Conditions only and any printed or other standard terms emanating from the Customer shall be excluded, but even if incorporated shall be treated as of no effect, and in any event the terms of these conditions shall prevail. All goods tendered by the Company are tendered on the terms of these conditions and acceptance of delivery by the Customer shall be an acceptance of these conditions.

2. Payment must be made in advance of despatch of goods.

3. Title to any goods shall remain vested in the Company until all monies owing to the Company have been paid and until payment, the Customer is required to keep and store the goods in such a way that they are clearly identifiable as the Company’s property. Until all monies owing to the Company have been paid the Customer will keep the goods in a fiduciary capacity for the Company. The Customer will be entitled to sell and deliver the goods to its customer within the normal course of its business but the Company shall be entitled to receive any monies due under the order from the Customer or from the purchaser out of the resale price.

4. Quotations are open for acceptance up to 7 days from their date unless otherwise stated or they are earlier withdrawn or modified or the Company agrees to later acceptance. The Company shall not be under any obligation to process the order until written confirmation of the order has been given by the Customer.

5. Any shortages, pilferages or damages in transit must be notified to both the carriers and the Company within three working days of delivery. No claim will otherwise be accepted and delivery shall be deemed to have been properly made.

6. Non-delivery must be notified to the Company within 7 days of the date of the Company’s invoice. No claim will otherwise be accepted and delivery will conclusively be deemed to have been properly made.

7. Goods shall be deemed to be accepted unless they are rejected within 7 days of delivery and shall also be deemed to be fully in accordance with the contract unless written complaint is despatched to the Company within 7 days of delivery. Goods sold to a Customer outside the United Kingdom, whether supplied direct to the Customer or through his agent shall be inspected by or on behalf of the Customer before packing and after such inspection or collection by or on behalf of the Customer shall be deemed to be fully in accordance with the contract.

8. The Company’s liability arising in respect of any contract shall be limited to the contract price for the particular goods in respect of which the liability arises. In no circumstances whatsoever shall the Company be liable to the Customer for any loss of profit or any loss for which the Customer may be liable to any third party.

9. The Company may cancel or suspend the contract without liability on its part in the event of its performance being affected by industrial action, unavailability of equipment or materials or any other cause beyond its reasonable control and in so far as its performance is so affected the Company shall not in any event be liable for any failure on their part to perform.

10. The Contract shall be construed in all respects in accordance with English law and in any dispute as to the terms, conditions or subject matter hereof or arising hereunder shall be referred to a single arbitrator appointed by agreement between the parties hereto, or in default of such agreement by the President for the time being of the Law Society of England on the application of either party. The Arbitration Acts shall apply to any arbitration hereunder.

11. Prices quoted are based on currency exchange rates at the time of order. The Company reserves the right to revise the price stated overleaf if at any time before delivery of the goods there is any material increase in the cost to it of production or of any duties taxes and charges payable by it as sellers of the goods and provided that the customer shall have the right on notification of any such increases in price to cancel the order or any part thereof.

12. The Customer shall not apply any trade mark or name of which the Company is the registered proprietor or registered user to the goods without the Company’s consent and the Customer shall not apply any trade mark or name of which the Company is the registered proprietor or registered user to or in relation to the goods if the goods have been processed or treated in any way not approved by the Company.

13. The goods will be at the Customer’s risk in all respects from the time of delivery and from that time the Customer will fully and effectually insure them.