Terms & Conditions

N E PLASTICS LIMITED – TERMS AND CONDITIONS OF SALE

(including, where applicable, sales online)

These N E Plastics Limited Terms and Conditions apply and you agree to be bound by them when placing an order with N E Plastics Limited.

1.    Definitions

Buyer”, “you” and “your” means the person or entity who buys or agrees to buy the Goods from the Company.
Company”, “we”, “us”, and “our” means N E Plastics Limited (including neplastics.co.uk).
Contract” means the contract for sale of Goods in each individual order as placed by a Buyer into which these Terms are incorporated.
Goods” means the item(s) the Company is to supply in accordance with these Terms and the Contract, including Unique Goods.
Regulations” means the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013.
Terms” means these N E Plastics Terms and Conditions of Sale.
Unique Goods” means those non-standard tailored (that is, cut, made into your requested shape, machined, or otherwise not being a standard product of ours) Goods that are produced in measurements or specifications that are individual, personalised or clearly unique to you and which are expressly agreed by us.
Website” means our website at neplastics.co.uk.

2.    Creation of the Contract

The steps by which a binding Contract is put in place between you and us is as follows:

2.1    Our Website is an invitation to treat and not an offer to buy and we reserve the right to reject orders if we cannot comply with them for whatever reason.
2.2    You place your non-binding order for the Goods on the Website by pressing the order/buy confirm button.
2.3    You will need Javascript enabled to buy Goods and checkout.
2.4    On clicking the button, you will be taken to a third party (Sagepay) payment authorisation interface to process your chosen payment method.
2.5    Once you have done this, the payment processor will send you an email thanking you for your order and you will receive an order number. At the same time we will send you a non-binding acknowledgement of order email.  Please note that you can look at these Terms on our Website at any time.
2.6    If you need to amend your order after it has been generated (but before our express acceptance and the creation of the Contract) then you are required to email us at sales@neplastics.co.uk  quoting the reference and order numbers and all details of the changes.  No such changes requested after the Contract has been created in relation to those orders for Unique Goods shall bind us unless we expressly confirm their acceptance.
2.7    None of the preceding steps constitute a binding Contract until we have notified you that we accept your order (subject to your cancellation rights described in these Terms) and/or, in particular and if applicable, we expressly accept your Unique Goods required specification and description. This notification form us constitutes our acceptance of your order and the Contract between us is then created and our notification is effective communication to you of that fact. If we do not accept it (so that a Contract is not created) we shall inform you and if no Contract is agreed, any purchase money you have paid will be returned.
2.8    No order for Unique Goods for which you have asked for a tailored specification shall be accepted and made a Contract until such time as we have expressly accepted the same in accordance with clause 2.6.
2.9    Your debit/credit card will be debited on your placing the order as described in clause 2.1.  If you validly cancel any order for non-Unique Goods in accordance with these Terms, we shall return the payment (after any applicable allowable deductions described in these Terms).

3.    Description

3.1    We will take reasonable care, in so far as we are reasonably able, to supply you with Goods in accordance with the standard N E Plastics Limited specification for the ordered Goods (unless Unique Goods have been agreed).
3.2    The description of Goods on the Website is given by way of identification only.
3.3    We reserve the right, and you shall have no right to claim any breach of contract if we do so, to despatch and invoice 10% more or less than the quantity of Goods in the Contract.
3.4    If any part of your order and the Contract is individualised to Unique Goods for you as described by you, then only the description and specification which we expressly agree shall apply.
3.5    Reproduction from colours shown online or provided to us shall only be as accurate as photographic and electronic processes will allow; and you agree that we shall not be liable for any minor discrepancies in colour from what was shown in print or online.

4.    Ordering

4.1    All Goods are subject to availability.
4.2    All non-binding orders originating from you online through our Website and any subsequent arising Contracts are placed strictly in accordance with these Terms, all of which shall apply to the exclusion of all others.  Any purported or attempted imposition of any other terms will not apply.
4.3    You warranty that all information provided by you is true and accurate.
4.4    Orders placed with us by non-Website means will be processed in accordance with these Terms except where the context does not apply to it.  Contracts placed in person, by telephone, other non-Website means or when you want to have a firm order based on our non-binding quotation given to you arise only when we issue our order note to you for such Goods.
4.5    When using our Website, you will be asked to create user ID’s and passwords particular only to you.  It is entirely your responsibility to keep all such ID’s and passwords safe and secure and not share or divulge it.  You agree that we shall not be liable in any way for any consequences of any person other than you using your ID’s and passwords on our Website.

5.    Price

5.1    The price stated on the Website for non-Unique Goods is likely to be correct, but is an illustrative estimate only.  If it has changed or is different then before you click the button to order, the correct price for the Goods you are ordering will be shown.  Your clicking the button to accept will be your acceptance of that price.  Unless otherwise stated, the price quoted and the price charged will be our price current at the time of delivery.
5.2    All price shown exclude VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
5.3    The Website prices do not apply to Unique Goods and once we have the full details we will price against your specification.
5.4    Our quotations given lapse after 30 days (unless otherwise agreed).
5.5    The price quoted for the Goods excludes delivery and transit insurance (unless otherwise stated).
5.6    Rates of tax and duties on the goods will be those applying at the time of delivery.
At any time before delivery we may adjust that part of the price relating to delivery or tax to reflect any increase in our costs of supplying the Goods or different applicable taxes.

6.    Consumer Contracts Regulations 2013

6.1    Only if you are a consumer as defined in the Regulations and not a business or only in any event where the Regulations apply to you, you have the following cancellation rights in this clause 6 when you buy online through our Website or by telephone.  If you are a business purchaser or not a consumer so defined or the Regulations do not apply to you, then clause 14 shall apply and not this clause 6.
6.2    You are entitled to cancel your Contract for Goods (not, for the avoidance of doubt, non-Unique Goods) if you wish provided you exercise your right to do so no later than 14 days after the day on which you received the goods.
6.3    Your right to cancellation and the Regulations do not apply to Unique Goods made to your specification, or those that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate rapidly.
6.4    If you are entitled to and wish to exercise your right to cancellation, you are obliged to retain possession of the Goods and take reasonable care of them.
6.5    To exercise the right to cancel you must inform us of your decision to cancel by a clear statement saying such, including details of your name, address, the order to be cancelled, your telephone number and your email address.  You can send this by email to sales@neplastics.co.uk or write to us at the address given above.  If you decide to cancel, you must return the Goods to us entirely at your own cost so that the Goods arrive at our premises within 14 days of your notification to cancel.  We will then reimburse you (by the same method used to pay for the original transaction for the Goods) the amount in relation only to Goods to which cancellation rights apply.  This includes the cost of delivery (except for any supplementary costs arising if you choose a type or methods of delivery other than our standard and least expensive method of delivery).
6.6    We are entitled to make a deduction from the reimbursement for the full loss in value of any Goods supplied and returned if that loss is the result of unnecessary handling, use or damage by you or your agents or otherwise not by us.
6.7    You must insure any Goods you send back to us at your own expense.

7.    Delivery

7.1    All delivery times quoted are estimates only. Time is not of the essence in relation to delivery and we shall not be liable for any failure to deliver within such a reasonable time.  If we fail to deliver within a reasonable time of at least 14 days, you may (by informing us in writing) cancel the Contract. We will use reasonable efforts to deliver on time or notify if delivery is delayed.
7.2    If you are not a consumer defined by the Regulations, you may not cancel a Contract if we receive your notice after the Goods have been manufactured for you or despatched.
7.3    If you do validly cancel the Contract, you can have no further claim against us under that Contract.
7.4    If you accept delivery of the Goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the Goods).
7.5    We may deliver the Goods in instalments. Each instalment is treated as a separate contract.
7.6    We may decline to deliver if:

7.6.1    we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
7.6.2    the premises for delivery (or the access to them) are unsuitable for our delivery vehicle.

7.7    If you unreasonably refuse delivery we are entitled to and will charge you for the cost of that delivery.
7.8    You are responsible for providing (at your cost) sufficient labour and materials for the unloading of Goods and we may charge you extra if the delivery takes longer than it would otherwise would have because you failed to do so.
7.9    If delivery does not take place because of the reasons described in clauses 7.6 and 7.7 inclusive we reserve the right to store the Goods at your expense and sell the goods after a period of three months’ storage to recover our costs.

8.    Payment Terms

8.1    You may pay us in cash for Goods (not Unique Goods) on your collection of such Goods from us, before we give them to you.  For Unique Goods, payment is required upfront at the time of the order unless you have an approved credit account with us.  All payments must be in cleared funds,
8.2    If you have an approved business credit account with us, payment is due no later than 30 days from the end of the month after in which the Goods are delivered unless otherwise agreed in writing.
8.3    If you fail to pay us in full on the due date:

8.3.1    we may suspend or cancel future deliveries;
8.3.2    we may cancel any discount offered to you; and
8.3.3    you must pay us interest at the rate equivalent to that set for the purposes of s6 of the Late Payment of Commercial Debts (Interest) Act 1998 as amended calculated (on a daily basis) from the date of our invoice until payment, compounded on the first day of each calendar month and before and after any judgment (unless the court orders otherwise).

8.4    If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.
8.5    You do not have the right to set off any money you may claim from us against anything you may owe us.
8.6    While you owe money to us, we have a lien on any of our property in your possession. You agree that it is fair and reasonable that we do so and that the provisions of clause 9 will apply.
8.7    You agree that you will be liable for any costs we have in taking any of the actions (or similar actions with the same aim) described in clause 9.
8.8    You will indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these Terms.

9.    Title to the Goods

Until you pay all debts you owe us for particular Goods:

9.1.1    all Goods supplied by us remain our property;
9.1.2    you shall store them so that they are clearly identifiable as our property;
9.1.3    you shall store the Goods safely, securely and suitably;
9.1.4    you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
9.1.5    you will be liable to us for the full value of the Goods;
9.1.6    you may use those Goods and sell them in the ordinary course of your business, but not if:
a)    we revoke that right (by informing you in writing); or
b)    you become insolvent.
9.1.7    You will inform us (in writing) immediately if you become insolvent.
9.1.8    If your right to use and sell the Goods ends you will allow us to remove the Goods.
9.1.9    We have your full and unfettered right and permission to enter any premises where the Goods may be stored at any time to inspect them.
9.1.10    After your right to use and sell the Goods has ended, we have your full and unfettered right and permission to have access to remove them, using reasonable force if necessary and you agree not to hinder our recovery of the Goods.
9.1.11    If the Goods are held at other premises you agree that this clause 9 constitutes direct instructions to any agent of yours to allow us to recover and remove the Goods, but that you will, if we so request, provide us with a letter addressed to that agent allowing us to take recovery and remove the Goods in question.
9.1.12    Notwithstanding our said retention of title to the Goods, we have the right to take legal proceedings to recover the price of Goods supplied should you not pay us by the due date.
9.1.13    You are not our agent. You have no authority to make any contract on our behalf or in our name.

10.    Risk

10.1    The Goods are at your risk from the time of delivery.
10.2    Delivery takes place either at our premises (if you are collecting them or arranging carriage), or at your premises (if we are arranging carriage).
10.3    You must inspect the goods on delivery. If any goods are damaged (or not delivered) you must write to tell us within seven working days of delivery (or the expected delivery time). You must give us (and any carrier) a fair chance to inspect the damaged goods.

11.    Warranties

11.1    We warrant that the Goods, when they leave our premises, comply with their description as stated in the Contract.
11.2    We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied (insofar as we are legally entitled to do so) as to the quality of the goods or their fitness for any purpose (as we will not know the purpose to which they will be put and shall not regarded as being in a position where we ought to know, and no purported informing us of your intended use shall be of any effect).
11.3    If you believe that we are in material breach of contract and have delivered goods which are defective in materials or workmanship and do not comply with the warranty given in clause 11.1, you shall inform us (in writing), with full details, within seven days; allow us to investigate (we may need access to your premises and product samples).
11.4    If any of the Goods are found to be defective in material or workmanship (following our investigations so as not to comply with the warranty given in clause 11.1, and you have complied with clause 11.3, we will (at our option) either replace the goods or refund the price.
11.5    You agree that, notwithstanding any other provision of the Contract, but subject to clause 11.8, we shall not be liable to you arising out of or in connection with  the Contract or for negligence or any other tort for a) any loss of or damage to i) profit, ii) revenue, iii) savings, iv) goodwill, v) business, vi) data, vii) contract, viii) use or ix) business; or b) any indirect or consequential loss or damage, in each case howsoever caused or arising.
11.6    Subject to clauses 11.7 and 11.8 below, our aggregate liability to you arising out of or in connection with any Contract or series of Contracts ordered at the same time (howsoever caused or arising) for any loss incurred by you, shall not exceed the lower of the price you paid for the Goods in question in such Contract or series of Contracts ordered at the same time and the value of such Goods.
11.7    In relation to our liability to you only for direct property damage caused by our breach of contract or negligence, our total liability to you (from one single cause) for such damage to property is limited to £1,000,000.
11.8    Nothing in the Contract shall restrict or limit our liability for death or personal injury resulting from our negligence.

12.     Unique Goods, Specifications and Designs

12.1    If we prepare any Unique Goods in accordance with your specifications or instructions provided to us you:

12.1.1      shall ensure that the specifications/instructions are complete and accurate;
12.1.2    shall ensure and shall be entirely responsible for ensuring that Goods prepared in accordance with those specifications or instructions you supply will be fit for the purpose for which you intend to use them;
12.1.3    warrant that the specifications or designs will not result in the infringement of any rights belonging to a third party;
12.1.4    agree that in no circumstances except for breach of warranty under clause 11.1, you have no rights to reject or not accept the Goods; and
12.1.5    agree that such Unique Goods are of the type which are clearly personalised and which do not give you cancellation rights under the Regulations.

12.2    You will indemnify us in respect of all loss, damage, costs, claims, proceedings or expenses (including legal fees) which we may incur in connection with any claim or threatened claim made against or alleged against us by a third party that your specifications or designs and the resulting Unique Goods or their use or application infringe any intellectual rights of any third party anywhere in the world.
12.3    We reserve all intellectual property rights (including any design rights) that we may have in the Goods.
12.4    The ownership of any tools that we need to make especially for the production of Unique Goods remains with us notwithstanding that you may have paid for the cost of making the tools used.
12.5    All templates that you supply to us will be supplied on the basis that they are expendable.

13.    Export terms

13.1    This clause 13 of these Terms shall apply to exports outside the United Kingdom except where inconsistent with any other written agreement between us.
13.2    Where the goods are supplied by us to you by way of export from the United Kingdom then the ‘Incoterms 2010’ of the International Chamber of Commerce which are in force at the time of the date when the Contract is made shall apply.  In the acknowledgement of order, we shall specify which Incoterm 2010 applies and in the absence of any such agreement then the default Incoterm to apply shall be Incoterms 2010 Ex Works.
13.3    You are responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties due.
13.4    Where the Goods are to be sent by us to you by a route including sea transport we shall be under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
13.5    You are responsible for requesting and arranging the testing and inspection of the Goods at our premises before shipment except where otherwise agreed.
13.6    We are not liable for any defect in the Goods which would be apparent on inspection or any latent defect in the Goods unless a claim is made before shipment.
13.7    We are not liable for any damage during transit.
13.8    Payment of all amounts due to us shall be made by bank transfer.
13.9    We shall have no liability for death or personal injury arising from the use of the goods where the goods are to be delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).

14.    Cancellation

14.1    If any order or Contract is cancelled (for any reason) then you agree to pay us for all stock of Goods (finished or unfinished) prepared to be supplied under such Contract that we may then hold (or to which we are committed) for the order or Contract.
14.2    We may suspend or cancel your order or Contract, by written notice if:

14.2.1    you fail to pay us any money when due (under the order or otherwise);
14.2.2    you become insolvent, bankrupt, have a receiving order, a winding up petition, statutory notice or administration order applied for or awarded against you or otherwise make an arrangement with your creditors or propose to wind up your business; or
14.2.3    you fail to honour your obligations under the Contract.

14.3    You may not cancel the order unless we agree in writing (and clause 10.1 then applies).

15.    Waiver and variations

15.1    Any waiver or variation of these Terms or the Contract is only of effect if:

15.1.1    made (or recorded) in writing;
15.1.2    signed on behalf of each party; and
15.1.3    expressly stating an intention to vary the Contract or these Terms.

15.2    All orders and Contracts that you place with us will be subject to these Terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

16.    Force majeure

16.1    If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our reasonable control we shall have the right without any liability to you to cancel or suspend any of our obligations to you,
16.2    Without limitation some examples of such circumstances include acts of God, accident, explosion, fire, weather, transport delays, strikes and other industrial disputes and difficulty in obtaining materials, utilities and supplies.

17.    General

17.1    Only the laws of England and Wales shall apply to the interpretation of or any dispute or matter arising under any Contract or these Terms.
17.2    The parties submit to the exclusive jurisdiction of the English High Court in relation to any dispute or other matter in connection with any Contract or these Terms.
17.3    If you are more than one person, each of you has joint and several obligations under the Contract.
17.4    If any part of these Terms are unenforceable then such part will not affect the enforceability of any other of these Terms; and if it would be enforceable if amended, it will be treated as so amended.
17.5    We may treat you as insolvent if you are unable to pay your debts as they fall due; or
you (or any item of your property) become the subject of a) any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements {including a moratorium) or bankruptcy); b) any application or proposal for any formal insolvency procedure; or c) any application, procedure or proposal overseas with similar effect or purpose.
17.6    All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
17.7    Any notice by either of us which is to be served under the Contract or these Terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
17.8    No Contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as party to the Contract.