Terms & Conditions
1.1. In these conditions the expression “The Company” means Roberts Metal Packaging Ltd and the expression “The Customer” means the person, firm or company to whom a quotation is addressed, or whose order is accepted by the Company.
2.1. The Terms & Conditions of Sale apply to all sales of goods by Roberts Metal Packaging to any customer, and shall prevail over and apply to the exclusion of any Terms and Conditions of Purchase referred to, or contained within the customer’s order or correspondence, unless specified and agreed to in writing by an authorised representative of the Company. Acceptance of the Company’s quotation and/or Order Acknowledgement implies acceptance of these terms and conditions.
3. Quotations, Pricing & Order Acceptance.
3.1. Quotations are based on prices ruling on the date of such quotations and, unless otherwise indicated, are open for acceptance within 60 days, after which they may be revised. Agreed prices are specified on our Order Acknowledgement.
3.2. Where quotations are requested in currencies other than Great British Pounds (Sterling), the Company reserves the right to alter selling prices to allow for extraordinary variations in exchange rate differences after an order has been accepted and acknowledged. In all such cases, the Customer will be notified in writing.
3.3. Where an order is received for a quantity less than quoted for, or where delivery is required in instalments smaller than those specified in the quotation, prices will be subject to an increase.
3.4. Acceptance of the Customer’s order shall be conditional upon the Company being satisfied as to the Customer’s credit-worthiness. The Company will advise the Customer if it is not so satisfied and, if no agreement is reached regarding credit or payment arrangements, the Company may withdraw from the contract without liability.
3.5. Formal acceptance of the Customer’s order will be confirmed through the issue of an Order Acknowledgement specifying product code, product description, quantity, unit price and provisional due-date. The Company undertake to provide goods strictly in accordance with the details contained in the Order Acknowledgement, and it is the responsibility of the Customer to check all such details and notify the Company immediately where this does not meet their requirements.
3.6. Where goods are supplied overseas on an “Ex Works” basis VAT will be chargeable at the prevailing UK rate if proof of export cannot be provided.
4. Product Specifications.
4.1. The Company’s experience is at the Customer’s disposal; however, it is the customer’s responsibility to be satisfied, prior to placing an order, that the requested product specification is suitable to meet the application and performance demands of the customer’s product to be packaged. The Company accepts no liability for any consequential losses arising from such unsuitability.
4.2. All product supplied by the Company will be strictly in accordance with its Standard Product Specifications and specified Acceptance Quality Limits (AQL) unless otherwise specified and agreed in writing at the order acceptance stage. The Company reserve the right to make in-house decisions when interpreting and applying the minor functional or aesthetic classification AQL non-conformity criteria. Standard Product Specifications and component drawings are available upon request. Where appropriate, materials of no less strength than those quoted may be substituted for quoted materials.
4.3. All tools made or provided by the Company shall remain the property of the Company not withstanding any contribution by the Customer to the costs thereof. Such tools may not be withdrawn from the Company’s possession and no rights are granted to the Customer in respect of any technical design features, which are the property of the Company, and which may be incorporated in tools. All design work carried out on behalf of the Customer remains the intellectual property of the Company.
4.4. All technical documents, specifications, process samples, film negatives and drawings supplied to the Customer are submitted in confidence, and shall not be copied, reproduced, transmitted or communicated to a third party without the Company’s written consent.
5. Order Variation & Cancellation.
5.1. An accepted order may not be varied or added to without the specific written agreement of an authorised representative of the Company. The Company shall not be required to agree to any proposed variation or addition, but if prepared to do so, this shall be on the basis that the Customer shall pay any additional charges in respect of variation or addition.
5.2. Accepted orders may not be cancelled in whole or in part by the customer without the specific written agreement of an authorised representative of the Company. Where the Company agrees to cancellation of any order, or any part of an order, the Customer will indemnify the Company against all loss, cancellation costs and damage which results there from. This will include any stocks of special or decorated material or product acquired in fulfilment of an accepted order.
6.1. Whilst every effort will be made to meet due-dates mentioned in quotations, order acknowledgements or elsewhere, such dates are approximate only and not of any contractual effect; and the Company shall not incur any liability by reason of failure to deliver on any particular date or dates.
6.2. The Company reserves the right to deliver goods in one or more instalments. Where goods are delivered by instalment, no default in respect of any one instalment shall release the Customer from its obligations in respect of taking any remaining instalments in fulfilment of the order. In delivering against the quantity ordered, upto +10% shall be considered a good delivery unless otherwise specified and agreed in writing prior to order acceptance.
6.3. Without prejudice to the Company’s other rights, if the Customer refuses, or fails to take delivery of goods tendered in accordance with the contract, or requests the Company to postpone the delivery of goods which are ready for delivery, the Company shall be entitled to payment in full for the goods so tendered, or ready for delivery, as if delivery has been effected. The Company shall be entitled to store at the risk of the Customer, any goods of which the customer refuses, or fails to take delivery of, or the delivery of which is postponed. The Customer shall in addition to the purchase price, pay all costs of such storage and any insurance, transportation and handling costs incurred as a result of such refusal or failure.
7. Terms of Payment
7.1. The Company’s standard payment terms are 30 days from the date of invoice subject to a credit account being authorized. Invoices shall be paid in full without any deduction or set-off. Any extension of credit or payment terms to the customer may be changed or withdrawn by the Company at any time.
7.2. The Company reserves the right to charge interest at 3% above Bank of England base rate on balances outstanding beyond agreed terms.
7.3. Goods delivered to the customer remain the property of the Company until paid for in full. Where goods are delivered by instalment, or partial delivery is requested by call-off, each delivery shall be regarded as a separate contract and may be invoiced separately.
7.4. Should the Company have to pre-purchase and stock special materials to meet an order or schedule which requires more than a single delivery, the Company reserves the right to invoice the Customer for any stock using these special materials (converted or unconverted) which remains 3 months after the first consignment has been delivered.
8. Warranty & Liability.
8.1. Without prejudice to the Company’s general Terms and Conditions of Sale which every order accepted is subject to, the Company cannot accept any liability whatsoever in respect of the use to which the goods, subject to this document, are put. The Customer and any user should accordingly take all such steps to satisfy themselves of the suitability of goods for the precise purpose to which they wish to put them. They should not rely on any representations, whether written or oral, made by our selves, our agents or employees.
8.2. The Customer (or the customer’s agent) shall inspect the goods promptly following delivery and shall notify the Company within 5 days of delivery in the case of:
- Shortages in quantity, damage to or loss of the goods and/or any part thereof, in transit; and in every case of goods undelivered within 14 days from date of despatch. It is the Customer’s responsibility to ensure that the goods received are in good order and show no outward signs of transit damage when signing-off the carrier’s documentation. Any outward signs of transit damage must be clearly specified on the carrier’s documentation for a claim to be pursued.
- Alleged process non-conformities classified as minor functional and minor aesthetic and exceeding the specified AQL (Ref. Standard Product Specifications – section 2.)
8.3. It is the responsibility of the Customer to notify the Company within 28 days from receipt of the consignment of any complaint concerning product non-conformity that would be classified as a critical or major functional defect exceeding the specified AQL (Ref. Standard Product Specifications – section 2.). Where special circumstances arise, the Company may agree to extend the 28 day notification period. In all cases, the Company’s Standard Product Specifications and specified AQL non-conformity criteria will apply unless otherwise specified and agreed in writing at the order acceptance stage (Ref. 4.2.)
8.4. The Company will not entertain any claim that arises out of the incorrect storage or handling of delivered goods at the Customer’s (or the customer’s agent) premises. Goods which are the subject of a claim are the direct responsibility of the Customer (or the customer’s agent), and must be stored in a protective environment free of charge pending instructions from the Company. Where it is agreed that goods are to be returned to the Company, the settling of any claim will in-part be dependent upon the goods in question being received back on the Company’s premises in good order and, following inspection, are deemed suitable for re-selling where appropriate.
8.5. If no Customer complaint is received within 28 days from receipt of goods, the Company will deem the consignment to be in complete conformity with the order and specification (Ref. Order Acknowledgement) and to have been accepted by the Customer, and that the Company shall not be under any liability in respect thereof. The Company shall not in any event be liable to the Customer, or the latter’s customer, for any indirect or consequential loss or damage.
9. Consumer Protection Act and other Industrial Property Rights.
9.1. The Company shall be indemnified by the Customer against all claims, actions, costs, expenses (including all court costs and legal fees) or other liabilities, whatsoever, in respect of:
- Any liability arising under the Consumer Protection Act 1987 for goods supplied strictly in accordance with Section 4 – Product Specifications and Section 8 – Warranty & Liability as specified within this document
- Any negligent or wilful act or omission by the customer in relation to the use, processing, storage or sale of the goods.
- Any infringement of copyright, patent, trademark or registered design.
10. Force Majeure.
10.1. The Company shall not be liable for failing to perform to the contract, whether in whole or in part, if the failure is caused by any inability to secure labour, materials or supplies; any act of God, riot or civil commotion; strike, lock-out, fire, flood, drought, act of government; or any cause, whether or not similar in kind to all or any of the foregoing, outside the Company’s control; and the Company shall have the right by notice, in writing to the Customer, to rescind the contract, or to elect to vary the contract, as may in the Company’s opinion be necessary.