Terms & Conditions

PRICING & QUOTATIONS

  1. All quotations are submitted by the company in good faith and are not legally binding. 

  2. The company retains the right to rectify any clerical errors with regards to written quotations prior to production.

  3. All quotations are valid for a period of 7 working days and are held on file by the company for 28 days. 

  4. The company will, without charge, prepare an initial quotation plus a further two amended quotations if required. 

  5. The company will, where possible, supply samples to support all quotations. The company will provide an exact sample of any stock items required where health & safety permits.  Due to storage restraints & the multiple permutations of bespoke work, the company will provide where possible an example of the material to be used in production but not necessarily size.

  6. Prices fluctuate daily depending on global markets, oil prices, transport costs and exchange rates.

  7. We will always do our best to offer you the greatest value on your order, however there are always daily global factors outside of our control in manufacturing and the production of packaging therefore pricing is not stable. 


ORDER PROCESS FOR BESPOKE PRODUCTS

2.1            All custom made orders will be confirmed in writing by the company, typically by Email. The order confirmation will be supplied as a PDF and will be

Accompanied by the artwork to be used, a copy of the company’s terms and conditions and a PDF called “How to pay”.

2.2            The company require email or written confirmation from the client before we will proceed with booking in a client’s order for production.

2.3            The company’s order confirmation is final therefore failure on the part of the client to notice & advise the company of any errors not spotted prior to production will result in the client being responsible for up to 100% of the costs incurred.

2.4            The company reserves the right to confirm in writing any verbal telephone orders from existing clients for existing products.

2.5            All delivery timescales quoted are approximations based on current turnaround industry averages. While every effort will be made to ensure delivery as per the order confirmation form, the company cannot be held responsible for any costs arising to the client due to delayed delivery. It is company policy not to offer compensation for late delivery unless it forms part of the contractual written agreement

2.6            The client is responsible for the contents of all particulars and other information supplied by it to the company. Any discrepancies, inconsistencies, errors or

Omissions therein are the client’s responsibility.

2.7            The suitability of the goods is the client’s responsibility. The company will supply samples to the client, there ending their responsibility of ensuring the

Product purchased is fit for purpose.


ORDER DOCUMENTATION

3.1            The company will confirm the client’s order details, this will show a) product type b) size c) material grammage or micron d) material colour e) ink or foil

colours f) details of printing g) special finishing h) quantity i) price per 1000 or per unit j) delivery address k) approximate lead time l) payment terms agreed m) tolerances to quantity supplied n) tolerance to specification allowed o) Invoice address p) any special noted requests.

3.2            The order form is a legally binding contract between the company and the client.

3.3            The order form must be agreed in writing by email or hard copy posted. The company may at their discretion agree to supply an existing product to an

Existing client without written agreement. This is wholly at the company’s discretion.

3.4            Once the order form has been agreed any revisions to the agreed contract must be made in writing.

3.5            The company reserves the right to charge an administration fee of £25.00 + vat to re-open and make changes to an order documentation after the client has

Approved the order documentation. This is wholly at the discretion of the company. In addition if such changes requested are made after the product has

Been produced or despatched the client is further responsible for consequential costs, upto the full value of the original order.


ARTWORK AND PRODUCT DESIGN

4.1            The company offers various artwork and design packages. Per product.

Bronze: Artwork is supplied by the client on a template and the company will supply a final pre-production proof before printing commences. Charge £0.00

Silver: High quality logo with instructions is supplied by the client. The company will prepare the product template and make print ready. Charge £25.00.

Gold: Low quality logo with limited instructions supplied by the client. The company will prepare the product template and make print ready. The company

Will supply high quality artwork in Ai, EPS and PDF format for the client’s further use. The company will make two revisions to the design work included within the charge of £50.00 + vat.

Platinum:  Project band A) Product design. One CAD drawing, template supplied as a PDF with a hard copy sample of the product. Charge £50.00

Diamond: Project band B) Product design. One CAD drawing, artwork prepared by the company using high quality logos supplied by the client (or charged for as Gold + Diamond). Includes a hard copy sample spray mounted with the client’s approved artwork. Charge £100.00 Diamond or £150.00 if Diamond + Gold.


Artwork and product design is charged by the company and the client agrees to settle the invoice for work prepared in the event the full order does not go ahead within 28 days. 


4.2            All special instructions or extra requirements must be noted on the order form which is a contract between the company and the client. The company will not

Proceed with printing a new product without written or email approval of the artwork layout.

4.3            In the instance a tight deadline is to be met, it will not be possible for the company to amend artwork once approved without costs. The associated costs for

amending artwork will be calculated on an individual basis.

4.4            It is not possible to show colours accurately on a computer screen. Ink colours are typically pantone C or U numbers, CMYK or foil ranges used by various

Factories include Luxor, Kurz, API, Foil co. It is the client’s responsibility to advise the company of their colour and brand requirements and the order form

Will state the colours to be used.

4.5            Pre-production proofs are available on most fabric and board based products. The company regrets we are unable to offer pre-production on polythene

based products. Costs for pre-production proofs will be stated on the order form agreed by the client.

4.6            The company reserves the right to use the manufacturer’s tolerances in colour matching. Various substrates will show the same ink pantone as a slight       

shade variance.

4.7            In the case of printed products the company is not responsible or liable for any errors in proofs which have been passed by the client and any charges incurred by the company in the preparation of special tools, sketches, printing blocks, etc. will be charged extra as noted on the order form.

4.8            The client’s property stored or used by the company shall be at the clients own risk.

4.9            The client warrants that the use of any trade mark copyright material or other designs supplied by the client or utilised at the clients request will not be an infringement of the trade mark or copyright or rights of any third party and in the event of infringement will indemnify the company against any claim arising there from. The client shall indemnify the company in respect of third party rights where design is supplied by the client. The company reserves the right to dispose of any artwork and printing plates if no orders are placed with the company for four years.


PAYMENTS

5.1            Payment terms are agreed in writing on the order form, agreed between the company and the client.

5.2            Credit account terms are 30 days from the date of invoice. The Late Payment of Commercial Debts (Interest) Act 1998, as amended and any orders made will be applied to all outstanding invoices out with the agreed payment terms.

5.3            Payment can be made by cheque, BACS, PayPal or in special circumstances previously agreed - cash.

5.4            Credit card payments for invoices payable on a 30 day account are subject to a 2% surcharge. Irrespective of value.

5.5            Credit card payments for proforma invoices upto £1000 including VAT are processed without any fees. Over £1000 value attracts a 2% surcharge.

5.6            In the event of a returned cheque, insufficient funds, the company will charge the client a £25.00+vat administration invoice per instance.


TOLERANCES

6.1            Although the company will make reasonable efforts to supply the number and kind of goods contracted for, nevertheless the company shall be entitled to a tolerance of 10% in the number and 5% on the size and grammage / micron of the goods, and gauge of material agreed. In the event of the company supplying more goods than agreed the client shall pay extra for such excess on a pro rata basis and in the event of the company supplying fewer goods than agreed the client shall only pay for the quantity supplied, and shall consider the order complete.

6.2            Manufacturers tolerances apply to all bespoke products, therefore it is the client’s responsibility to ensure they order enough quantity taking into consideration the manufacturers allowed tolerances. If the client has a minimum quantity required this must be noted on the order form, and will form part of the contract between the client and the company. The company reserves the right to adjust the tolerance percentage in accordance with the manufacturer’s capability.

6.3            The client accepts that there will be natural variances in raw materials supplied from different suppliers and from make to make. The company will make every effort to supply a sample to the client of the current materials to be used (if requested) however due to natural variances in paper grades, absorbency levels, colour and dye batches it is impossible to guarantee materials will exactly match previously supplied products or co-ordinate with other products within the range.   


CONTRACT & STAGED DESPATCHES

7.1            Every despatch of goods made by the company will be on the authority of a named person notified by the client.

7.2            Instruction to despatch goods may be verbal or written.

7.3            Goods can be stored onsite within the company warehouses for a maximum of 12 months. After 12 months the goods will be transferred to outside external

storage as per the client’s instruction. Storage of goods onsite at KY11 1HD can be agreed at the rate of £3.50 per pallet per week, charged 1 month in

arrears after the agreed period of storage has lapsed.

7.4            All goods stored on behalf of the client remain the property of the client once paid for in full. Therefore all insurance responsibility shall fall to the client to arrange upon payment of the goods in full.


OWNERSHIP, LIABILITY & COMPLAINT PROCEDURE

8.1            The goods remain the company’s property (even after delivery) until the company has received payment in full (in cash or cleared funds) for:

(a) the goods; and (b) any other goods or services that the company has supplied to the client in respect of which payment has become due.


8.2            Until title to the goods has passed to the client, the client shall ensure the goods supplied are stored in an appropriate environment, separately from other goods. The client agrees not to deface or destroy the goods.


8.3            In the event that the goods supplied are not accepted by the client due to non conformity in accordance with the specification noted on the agreed contract / order form, the goods must not be used by the client. The company will arrange immediate collection & a replacement will be organised where appropriate.


8.4            a) Should the client use the goods before notifying the company of a complaint the client accepts they are agreeing to pay for them per the contract / order form agreed.


                b) The company may agree a discounted rate or charge with the client in lieu of reproducing the product. The percentage or value of discount is offered by the company on an individual basis, based on the significance of the variance from the contract agreed.


8.5            In the event that a manufacturing defect becomes evident during use of the product supplied, the client agrees to supply the company with 20 samples or 5% of the order supplied, whichever is the greater. The client must advise manufacturing defects within 3 months of delivery.


8.6            The company will endeavour to respond to any complaint made by the client within 3 working days.

8.7            The company will endeavour to resolve the compliant made by the client within 10 working days.


8.8            In the event that a complaint is not upheld by the company, the company will offer the client the opportunity to appoint a 3rd party government approved testing station. The apportioning of charges for this must be agreed in writing by both parties before any costs are incurred.


8.9            In the event that a complaint is upheld by the company, the company must be allowed to correctly reproduce the client’s requirements. Failure to allow the company to rectify an issue will result in the company affecting the cancellation clause 10.1 and 10.2 stated within these terms and conditions. A compensatory figure may be offered by the company as an alternative to re-production of the products supplied, but this is wholly at the discretion of the company.


FORCE MAJURE


9.1            The due performance of the contract is subject to cancellation or variation by the company as a result of any default whatsoever on the part of the company’s own suppliers or the inability to secure labour, materials or supplies as a result of any act of God, war, riot or civil disturbance, strike, lockout or any other labour dispute, fire, flood, drought or accident, legislation, requisitioning or other act or order by any government department, council or any other duly

constituted authority, or any other cause beyond the Sellers control, in such event, no liability shall attach to the company by reason of cancellation or variation of any contract.


9.2            Deliveries may be wholly or partially suspended and the time of such suspension to the original contract in the event of stoppage, delay or interruption of work, in the establishment of the company during the delivery period as a result of any of the clauses set out above whatsoever beyond the control of the company.


CANCELLATION POLICY

10.1          In the event of cancellation of an order, the company must receive notification in writing from the person(s) that placed the initial order or a director or partner.

We accept notice of cancellation in writing by email or posted letter.

10.2          The company will acknowledge cancellations in writing within 24 hours of notice being received. Do not assume that proof of cancellation being sent is proof of receipt. Work commences on confirmed orders with deadlines within minutes of receipt, therefore the company reserves the right to charge a cancellation fee of £100.00 or 10% of the order value, whichever is the greater. Depending on the stage of production, cancellation of an order may attract a cancellation charge of up to 100% of the original order value.

10.3          The company will advise all cancellation charges in writing. In the event that a proforma payment has been received for an order subsequently cancelled, the company will refund any monies due in a well-documented fashion, by the same method that payment was received. Cheques must be cleared before the company will release refunded monies. Refunds via credit card will be subject to a 2% surcharge if this credit card charge had been waived in the first instance. PayPal refunds will be actioned without a percentage charged providing original payment was received by PayPal.

10.4          The company offers the facility for customers to return un-used, non branded, non bespoke, stock items to them for credit. The company reserves the right

                to deduct a 10% re-stocking charge plus transport costs for making the collection. The goods must be returned in a re-sale condition without any marks or

damage, in the state that they were originally supplied. The company cannot refund goods not returned. Certain products where glue is part of the product

construction may only be returned within 3 months of original invoice due to the possible degradation of adhesive over time and storage temperature being

within the manufacturers agreed parameters on the customers site of storage. The company reserves the right to check goods returned before issuing a credit note. Goods can only be returned by prior arrangement with the sales office, and only goods still stocked by the company can be returned for credit.


DELIVERY AND TRANSPORTATION

11.1          In the event of a shortage on any delivery made by the company, notice must be given by the client verbally within 24 hours and in writing within 7 days of receipt. The company cannot be held accountable for shortages not advised within this time frame. In the event of a shortage on any delivery made by a courier acting on behalf of the company, it must be noted on the paperwork accompanying the delivery. Failure to do so will render any insurance claim for loss of goods in transit null and void.

11.2          The company will not be held responsible for late delivery caused by any of the following : Industrial action, Fire, Theft, Flood, War, Act of God, Tempest, Terrorism, Machinery Breakdown, Customs & Excise clearance (in the case of imports), loss of goods in transit (couriers only), or any other cause beyond the control of the company.  Where the products or services being supplied by the company have a deadline date, irrespective of the dates proximity to the estimated delivery timescale quoted by the company, these MUST be advised by the client at the time of order confirmation.  Failure to provide this information at the time of order confirmation could result in additional expense later.  The client may be offered a fast tracking option to ensure a timed delivery of their order, involving a small surcharge, if this facility is available with the supplying factory and product.

11.3          The company will not be liable for any consequential losses incurred by the client in relation to late delivery.

11.4          The company will endeavour to inform the client at the earliest opportunity as soon as the company becomes aware of a delivery delay. The company will telephone and / or email the client with delivery date updates as often as available.

11.5          The company will endeavour to ensure the client is offered an alternative solution should an order with a deadline be affected by a delay out with the company’s control.  The cost for any alternative will be bourne by the client however the company will offer a discounted rate to the client where possible.

11.6          In the event a deadline order is not delivered prior to the deadline, and none of the scenarios from Force Majeure 9.1 or 9,2 apply, the company will bear the cost of the order and the client will not be expected to receive and pay for the goods. The company may offer the goods to the client at a discounted rate at the discretion of the company partners.



LIABILITY AND INDEMNITY

12.          Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

12.1      Death or personal injury resulting from our negligence

12.2.     Fraud or fraudulent misrepresentation

12.3.     Action pursuant to section 2(3) of the Consumer Protection Act 1987

12.4.     Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

12.5.       The contract  is provided by the company on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions, agreed contract  or required by law) in relation to the information, materials, content or services found or offered by the company in written documentation or on the company website for any particular purpose or any transaction that may be conducted on or through the website or via communications including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

12.6.       We will not be liable if the company website is unavailable at any time.

12.7.       We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the company website or that it will

be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs.

12.8.       We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website or to the company via email and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the company website.

12.9.       We cannot guarantee and cannot be responsible for the security or privacy of the website and any information provided by you. You must bear the risk

associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses

trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your

computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the website or you downloading any material posted or sold on the website or via email or from any website linked to it.

12.10.    We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or

expenses arising directly or indirectly from any delays in doing so.


12.11.    We will not be liable, in contract or delict (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent                 misrepresentations) or otherwise for:


Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

any loss of goodwill or reputation; or any special or indirect losses; or          any loss of data; or wasted management or office time; or any other loss or damage of

any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of the company or any aspect related to the clients purchase of the products even if such losses are foreseeable or result from a deliberate breach of these conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these conditions. Without prejudice to the terms of this clause and in the event that the company is unable to rely upon it, the liability for all and any losses the client suffers as a result of the company breaking the contract, whether or not deliberate, including those listed in clauses noted above is strictly limited to the purchase price of the products purchased.


12.11.       The client agrees to fully indemnify, defend and hold the company and all partners, employees and suppliers, harmless immediately on demand, from and

against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these conditions by the client or any other liabilities arising.


12.12.       This clause does not affect client’s statutory rights as a consumer, nor does it affect any contractual cancellation rights noted within the terms and conditions.


PRIVACY POLICY

13.1.       In order to monitor and improve customer service, the company may record telephone calls.


13.2.       The company shall be entitled to process and hold clients data in accordance with the terms of the Privacy Policy. Please view this document for further

information. All information provided by the client will be treated securely and in accordance with the Data Protection Act 1998 (as amended).


13.3.       Clients may find full details of our Privacy Policy on the company website www.eosc.co.uk

.

NOTICES

14.1        All notices given by the client to the company must be given at ESC Packaging Ferryhills Road Inverkeithing Fife KY11 1HD or by using sales@eosc.co.uk. 

The company may give notice in writing or by email to the contact held on file as the primary contact.


14.2        Notice will be deemed received and properly served upon signed receipt. In proving the service of any notice, it will be sufficient to prove, in the case of a

letter, that such letter was properly addressed, stamped and placed in the post (proof of postage document required) and, in the case of an email that such

email was sent to the specified email address of the addressee and read receipt acknowledged.


ENTIRE AGREEMENT

15.1        These terms and conditions represent the entire agreement between the company and the client in relation to the subject matter of the order form / contract

and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.


15.2        The agreement between the company and client is made on the understanding that, in entering into a contract, neither party has relied on any express or

implied representation, undertaking or promise given by the other from anything said or written in any negotiations between the parties prior to such contract

except as has been expressly incorporated into the order form or contract.


15.3.       Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract

agreement (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these

conditions. The order form / contract is final.


GENERAL

16.1        All contracts and paperwork are concluded and available in English language only.


16.2        If the company fails, at any time during the term of a contract, to insist upon strict performance of any of the clients obligations under it or any of these terms

and conditions, or if the company fail to exercise any of the rights or remedies to which the company are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the client from compliance with their obligations.


16.3        A waiver by the company of any default shall not constitute a waiver of any subsequent default.


16.4        No waiver by the company of any of these conditions or of any other term of a contract shall be effective unless it is expressly stated to be a waiver and is

communicated to the client in writing in accordance with the above.


16.5        Any contract between the company and the client is binding and under representation of the business entities. Respective successors and assigns bear

forewith the liability. The client may not transfer, assign, change or otherwise dispose of the contract, or any  rights or obligations arising under it, without the

company’s prior written consent. The company may transfer, assign, change, sub-contract or otherwise dispose of a contract, or any of our rights or

obligations arising under it, at any time during the term of the contract.


GOVERNING LAW AND JURISDICTION

17.1        The company is operated in the United Kingdom.

17.2.       Every purchase the client makes shall be deemed performed in Scotland. The company works with suppliers globally and therefore production and fulfilment

of a contract between the company and client may be performed out with the UK. The company has no responsibility to disclose supplier details to the client.

Such information is deemed to be critical to the company and therefore would be part of a separate Non-Disclosure Agreement (NDA). 

17.3.       The conditions and any contract brought into being between the company and client will be governed by the laws of Scotland and the client irrevocably

agrees to submit to the exclusive jurisdiction of the courts of Scotland.

 

01383 418610

©2019 by ESC Packaging.