Terms and Conditions
Prices quoted are correct, occasionally an error may occur with our website and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price. Prices quoted exclude delivery charges and VAT, charged at the current rate at the time of invoicing.
Payment with order by credit card, debit card or cheque; cheques should be made payable to Foscott Packaging. The company reserves the right to clear cheques before goods are dispatched. The company may also make enquiries about the principal directors with a credit reference agency.
2.a If you are an account customer, terms of payment are 30 days from date of invoice and in default Foscott Packaging shall be entitled without notice to the Purchaser:
2.b Terminate any outstanding order or quotation
2.c Withhold and / or suspend supplies or reduce the Purchaser's credit limit.
2.d In addition Foscott Packaging shall be entitled to charge the Purchaser interest on the amount unpaid at the rate of 8% above First Trust Bank base rate until payment in full is made and the Purchaser will indemnify Foscott Packaging in respect of all costs incurred by Foscott Packaging in recovering payment, including the cost of instructing solicitors.
2.e No payment shall be deemed to have been received until Foscott Packaging has received cleared funds.
2.f The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by Foscott Packaging to the Purchaser.
Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact Foscott Packaging export department.
3.a Unless otherwise agreed delivery of the goods shall take place at the Purchaser's place of business.
3.b Claims for shortages or damaged goods must be made in writing to Foscott Packaging within 3 days of receipt of the goods.
4. Availability :
While we endeavour to hold sufficient stock to fulfil all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
The products supplied by Foscott Packaging come with the full manufacture's guarantee and a copy of this can be obtained by request.
6. Limit of Liability:
Foscott Packaging products are sold with the understanding that the buyer will test them in actual use and will have determined whether the products are suitable for the particular use for which they are to be applied. Foscott Packaging warrants to the buyer that its products are free from defects in material and workmanship, but limits its obligations under this warranty to replacement of products. Foscott Packaging's liability is thus limited to the value of the goods supplied. Foscott Packaging cannot be held responsible, or liable for any other liabilities whatsoever, including, but not limited to consequential loss or personal injury.
7. Limited Companies - Guarantee:
Those signing the Credit Account Application Form on behalf of Limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant Limited company if we believe that the Limited company cannot meet its obligations.
7.a If the Limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies to us by the Limited company.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
9. Force Majeure:
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control ( including, without limitation, strikes, lockouts and other industrial disputes.
10. Please note that telephone calls may be recorded for training.
11. Privacy Statement:
Foscott Packaging will use your information in order to fulfil your order, and obtain payment.
12. English law shall be the proper law of this contract.