Plastic-sheets Ltd

Terms And Conditions Of Advertisement And Purchase

Interpretation

1.1 In these Terms:
1.2 Any reference in these Terms to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
Background to the Agreement

2.1 Plastic-sheets has developed and set up the Website to provide a platform for the buying and selling of materials including plastic sheet;

2.2 Plastic-sheets will advertise for sale on the Website appropriate materials and sheets including ABS, HIPS and Polypropylene, the precise details of which will be provided by the Supplier;

2.3 Website users will place an order with Plastic-sheets who will subsequently order that product from the Supplier;
Basis of Agreement

3.1 The Supplier will submit to Plastic-sheets the Product Input Form and within 24 hours of receipt Plastic-sheets will confirm whether the goods referred to will be advertised for sale on the Website. For the avoidance of doubt, the decision to advertise the goods on the Website is entirely Plastic-sheets’ who reserve the right to refuse to advertise the goods for whatsoever reason;

3.2 If Plastic-sheets confirms it’s acceptance of the Product Input Form it shall advertise the goods on the Website and, at its sole discretion, purchase the Advertised Goods (or any part thereof) in accordance with these Terms.

3.3 The Supplier accepts that by submitting the Product Input Form they are offering the Advertised Goods for sale and such an offer will remain open for acceptance by Plastic-sheets until notified under clause 4.2 below.

3.4 Nothing in these Terms shall oblige Plastic-sheets to purchase the Advertised Goods unless and until Plastic-sheets sends an Advice of Sale to the Supplier.

3.5 By submitting the Product Input Form to Plastic-sheets you are deemed to have accepted these Terms which shall apply to the Advertisement and Contract to the exclusion of any other terms including those of the Supplier.
Agreement to Advertise

4.1 Plastic-sheets agrees to advertise the Supplier’s product on their Website in the standard form as laid out therein. Plastic-sheets agrees to place the Advertisement on the Website until it is withdrawn by the Supplier, sold or for a period of 8 weeks (whichever date be sooner) after which Plastic-sheets will, at its sole discretion, decide wither the Advertisement shall remain on the Website for a further period. Should the Advertisement be removed from the Website after this period of 8 weeks then Plastic-sheets will inform the Supplier within 7 days of such removal.

4.2 The Supplier shall notify Plastic-sheets within two hours of the product becoming unavailable for sale for whatever reason.

4.3 The Supplier confirms that the details of the Advertised Goods submitted in the Product Input Form are true and accurate to the best of their knowledge and does not infringe any third party rights.

4.4 The Supplier grants to Plastic-sheets a non-exclusive, world-wide, irrevocable, royalty free, perpetual licence to use any information you provide to Plastic-sheets, whether in the Product Input Form or otherwise;

4.5 Plastic-sheets accepts no liability whatsoever in respect of any error or omission in the Terms of the Advertisement as published on the Website.

4.6 The Supplier acknowledges that the Advertised Price of the Goods will be the price of the Advertised Goods as detailed in the submitted Product Input Form plus an additional amount up to 20% of the Advertised Price;
Agreement to Buy

5.1 Plastic-sheets shall buy the Goods in accordance with these Terms;

5.2 The Contract will be formed by the receipt by the Supplier of the Advice of Sale.
Specifications

6.1 The quantity, quality and description of the Goods shall, subject as provided in these Terms, be as specified in the Product Input Form/Advice of Sale and/or in any applicable Specification supplied by Plastic-sheets to the Supplier or agreed in Writing by Plastic-sheets.

6.2 The Supplier shall comply with all applicable regulations or other legal requirements concerning the manufacture, packaging and packing of the Goods.

6.3 If as a result of inspection or testing Plastic-sheets is not satisfied that the Goods will comply in all respects with the Contract, and so informs the Supplier within seven days of inspection or testing, the Supplier shall take such steps as are necessary to ensure compliance.

6.4 The Goods shall be marked and packaged in accordance with Plastic-sheets’ instructions as set out in the Advice of Sale and the packaging guidelines provided to the Supplier at the outset of the parties relationship. Should the supplier have failed to receive these guidelines, he is asked to request a further copy from Plastic-sheets. They will also comply with any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course.

6.5 Within 24 hours of a request by Plastic-sheets, the Supplier shall (at their own expense) supply to Plastic-sheets a representative sample (not less than 5cm sq) of the Advertised Goods.
Price of the goods

7.1 The Price of the Goods shall be as stated in the Product Input Form and confirmed in the Advice of Sale (determined in accordance with clause 4.6) unless otherwise so stated, shall be:

7.1.1 exclusive of any applicable value added tax (which shall be payable by Plastic-sheets subject to receipt of a VAT invoice); and

7.1.2 inclusive of all charges for packaging, packing and any duties, imposts or levies other than value added tax.

7.2 No increase in the Price may be made (whether on account of increased material, labour or transport costs, fluctuation in rates of exchange or otherwise) without the prior consent of Plastic-sheets.
Terms of payment

8.1 The Supplier may invoice Plastic-sheets on or at any time after delivery of the Goods, as the case may be, and each invoice shall quote the number of the Order.

8.2 Unless otherwise stated in the Order, Plastic-sheets shall pay the Price of the Goods on the latest of:
8.2.1 30 days after receipt by Plastic-sheets of a proper invoice or, if later, after acceptance of the Goods in question by the Plastic-sheets.

8.2.2 The date for payment agreed between the Plastic-sheets and the Supplier.

8.3 Plastic-sheets may set off against the Price any sums owed to Plastic-sheets to the Supplier.
Collection

9.1 Plastic-sheets will arrange for collection of the Goods on the date or within the period stated in the Advice or Sale in either case during the Supplier’s usual business hours.

9.2 The Supplier will ensure that the Goods are available for collection on the date or within the period stated in the Advice of Sale between the hours of 8.30 a.m. and 5.30 p.m.

9.3 The Supplier will clearly mark the Order Number (which will be provided in the Advice of Sale) on each delivery or consignment of the Goods. The carrier service provided by Plastic-sheets will be responsible for labelling each consignment. Under no circumstances should the Supplier identify themselves on or within the consignment. Should the Supplier be identified on the consignment then Plastic-sheets reserves the right to require the Goods to be re-packaged and deduct any additional collection/delivery charges caused by such an error from the Price.

9.4 Plastic-sheets may reject any Goods collected which are not in accordance with the Contract, and shall not be deemed to have accepted any Goods until the Plastic-sheets has had a reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the Goods has become apparent.
Risk and Property

10.1 Risk of damage to or loss of the Goods shall pass to the Buyer on collection of the Goods by Plastic-sheets’ carrier in accordance with the Contract.

10.2 The property in the Goods shall pass to Plastic-sheets on collection, unless payment for the Goods is made prior to delivery, when it shall pass to Plastic-sheets once payment has been made and the Goods have been appropriated to the Contract.
Warranties and liability

11.1 The Supplier warrants to Plastic-sheets that the Goods:

11.1.1 will be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by the Supplier or made known to the Supplier in Writing at the time the Order is placed;
11.1.2 will be free from defects in design, material and workmanship;
11.1.3 will correspond with any relevant Specification or sample and in particular the stated dimensions of the Goods are accurate to within +/- 1cm; and
11.1.4 will comply with all statutory requirements and regulations relating to the sale of the Goods.

11.2 Without limiting any other remedy, if any Goods are not supplied or performed in accordance with the Contract, then Plastic-sheets shall be entitled:

11.2.1 to require the Supplier to repair the Goods or to supply replacement Goods in accordance with the Contract within seven days; or
11.2.2 at Plastic-sheets’ sole option, and whether or not Plastic-sheets has previously required the Supplier to repair the Goods or to supply any replacement Goods, to treat the Contract as discharged by the Supplier’s breach and require the repayment of any part of the Price which has been paid.

11.3 The Supplier shall indemnify Plastic-sheets in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by Plastic-sheets as a result of or in connection with:

11.3.1 breach of any warranty given by the Supplier in relation to the Goods:
11.3.2 any claim that the Goods infringe, or their importation, use or resale, infringes, the patent, copyright, design right, trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any Specification supplied by Plastic-sheets;
11.3.3 any liability under the Consumer Protection Act 1987 in respect of the Goods;
11.3.4 any act or omission of the Supplier or its employees, agents or sub-contractors in supplying or packaging the Goods;

11.4 Neither the Supplier nor Plastic-sheets shall be liable to the other or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of its obligation in relation to the Goods if the delay or failure is beyond that party’s reasonable control. Including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Termination

12.1 Plastic-sheets may cancel the Contract in respect of all or part only of the Goods and by giving notice to the Supplier at any time prior to collection.

12.2 Plastic-sheets may terminate the Contract without liability to the Supplier by giving notice to the Supplier at any time if:

12.2.1 the Supplier makes any composition or voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) enters into administration or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction)or a moratorium comes into force in respect of the Supplier (within the meaning of the Insolvency Act 1986); or
12.2.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Supplier; or 12.2.3 the Supplier ceases, or threatens to cease, to carry on business; or
12.2.4 Plastic-sheets reasonably apprehends that any of the events mentioned above is about to occur in relation to the Supplier and notifies the Supplier accordingly
General

13.1 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to the party giving the notice.

13.2 No waiver by Plastic-sheets of any breach of the Contract by the Supplier shall be considered as a waiver of any subsequent breach of the same or any other provision

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

13.4 The Contract shall be governed by the laws of England, and the Supplier agrees to submit to the non-exclusive jurisdiction of the English courts.