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1. Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

2. License to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter)].
  • Where content is specifically made available for redistribution, it may only be redistributed within your organisation

3. Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

4. Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

5. User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

[Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.]

6. Limited Warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

7. Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

  • to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
  • we will not be liable for any consequential, indirect or special loss or damage;
  • we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
  • we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

8. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use].

9. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

10. Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

11. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

12. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

14. Entire agreement

These terms of use together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

15. Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

16. Registrations and authorisations

We are registered with PIFA. which can be found at www.pifa.co.uk

Our VAT number is 655613430

17. Our Details

The full name of our company is Eurofilms Extrusion LTD
We are registered in England & Wales under registration number 3038727
Our registered address is Hortonpark Industrial Estate, Hortonwood 7, Telford. Shropshire. UK.  .

You can contact us by email to sales@eurofilms.com

Conditions of Sale Terms


The buyers attention is in particular drawn to the provisions of condition 12.3.

1. INTERPRETATION

1.1 The definitions and rules of interpretation in this condition apply in these conditions.

Buyer: The person, firm or company who purchases the Goods from the Company.

Company: Eurofilms Extrusion Limited whose registered address is 6 Ridge House, Ridge House Drive, Stoke-onTrent, ST1 5TL.

Collection Point: the place where collection of Goods is to take place under condition 4.

Contract: Any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.

Delivery Point: the place where delivery of the Goods is to take place under condition 4.

Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

1.2 A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re

enactment and includes any subordinate legislation for the time being in force made under it.

1.3 Words in the singular include the plural and in the plural include the singular.

1.4 A reference to one gender includes a reference to the other gender.

1.5 Condition headings do not affect the interpretation of these conditions.


2. APPLICATION OF TERMS

2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions

(including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order,

specification or other document).

2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other

document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 These conditions apply to all the Companys sales and any variation to these conditions and any representations about the Goods shall have no

effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement,

promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall

exclude or limit the Companys liability for fraudulent misrepresentation.

2.4 Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods

subject to these conditions.

2.5 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the

Company or (if earlier) the Company delivers the Goods to the Buyer.

2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

2.7 Any quotation is given on the basis that no Contract shall come into existence until the Company communicates its acknowledgement of an

order to the Buyer by email or otherwise. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not

previously withdrawn it.

2.8 Acceptance by the Buyer of delivery of the Goods shall (without prejudice to condition 2.5) be deemed to constitute unqualified acceptance

of these conditions.


3. DESCRIPTION

3.1 The quantity and description of the Goods shall be as set out in the Companys quotation or acknowledgement of order. Where orders or

quotes are given based on weight of goods, the weight specified shall be deemed to be inclusive of the weight of any core unless stated

otherwise.

3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations

contained in the Companys catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods

described in them. They shall not form part of the Contract and this is not a sale by sample.


4. DELIVERY

4.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Buyer’s place of business, and collection shall

take place from the Company’s place of business.

4.2 The Buyer shall take delivery of, or collect, the Goods within 14 days of the Company giving it notice that the Goods are ready for delivery/

collection.

4.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the

essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

4.4 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three

of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs,

damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods nor shall any delay entitle the Buyer to

terminate or rescind the Contract unless such delay exceeds 180 days.

4.5 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver

the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations, or the Buyer fails to

collect the Goods:

(a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Companys negligence);

(b) the Goods shall be deemed to have been delivered; and

(c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including,

without limitation, storage and insurance and delivery).

4.6 The Buyer shall provide at its own expense, adequate and appropriate equipment and manual labour for loading or unloading the Goods at the

Delivery Point or Collection Point.

4.7 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the

provisions of the Contract.

4.8 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the

Buyer to repudiate or cancel any other Contract or instalment.


5. VARIATIONS IN QUANTITY

5.1 The Buyer shall not be entitled to reject the Goods and the Seller shall be deemed to have fulfilled its contractual obligations in full in respect

of any delivery of Goods if the quantity of the Goods delivered by the Company exceeds or is less than the quantity specified within the Contract

provided that it falls within the limits set out below:

Width: +/ 5%; Thickness: +/10%; Weight: +/10%


6. NON-DELIVERY

6.1 The quantity of any consignment of Goods as recorded by the Company on despatch from the Companys place of business shall be conclusive

evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

6.2 The Company shall not be liable for any nondelivery of Goods unless the Buyer gives written notice to the Company of the nondelivery

within 7 days of the date when the Goods would in the ordinary course of events have been received.

6.3 Any liability of the Company for nondelivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit

note at the pro rata Contract rate against any invoice raised for such Goods.


7. RISK/TITLE

7.1 The Goods are at the risk of the Buyer from the time of delivery.

7.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in

respect of:

(a) the Goods; and

(b) all other sums which are or which become due to the Company from the Buyer on any account.

7.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:

(a) hold the Goods on a fiduciary basis as the Company’s bailee, free from any encumbrance, charge or lien;

(b) store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they

remain readily identifiable as the Company’s property;

(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

(d) maintain the Goods in satisfactory condition and keep them insured on the Companys behalf for their full price against

all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company

together with evidence of payment of the premium.

7.4 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

(a) any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and

(b) any such sale shall be a sale of the Companys property on the Buyers own behalf and the Buyer shall deal as principal when making

such a sale.

7.5 The Buyers right to possession of the Goods shall terminate immediately if:

(a) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the

benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a

meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary

liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative

receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of

the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as

defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the

winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to

the insolvency or possible insolvency of the Buyer; or

(b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to

observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to

pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or

(c) the Buyer encumbers or in any way charges any of the Goods.

7.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from

the Company.

7.7 The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or

may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.

7.8 Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has

terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were

invoiced to the Buyer.

7.9 On termination of the Contract, howsoever caused, the Companys (but not the Buyer’s) rights contained in this condition 7 shall remain in

effect.


8. PRICE

8.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price communicated to the Buyer prior to delivery.

8.2 The price for the Goods shall be exclusive of any value added tax which the Buyer shall pay in addition when it is due to pay for the Goods.

8.3 Unless otherwise specified, all prices include packaging, delivery and transport costs. Where Goods purchased by the Buyer are due for

collection and the Buyer subsequently notifies the Seller that delivery is required, the Seller shall be entitled to charge, and the Buyer obliged

to pay, all costs relating to such delivery.


9. PAYMENT

9.1 Subject to condition 9.4, payment of the price for the Goods is due within 30 days of the end of the month in which the invoice is dated.

9.2 Time for payment shall be of the essence.

9.3 No payment shall be deemed to have been received until the Company has received cleared funds.

9.4 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

9.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of setoff, counterclaim, discount,

abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to

the Buyer.

9.6 If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such

sum from the due date for payment at the annual rate of 5% above the base lending rate from time to time of Bank of England, accruing on a

daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late

Payment of Commercial Debts (Interest) Act 1998.


10. QUALITY

10.1 The Company warrants that (subject to the other provisions of these conditions) on delivery the Goods shall:

(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

(b) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that

purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the

skill and judgement of the Company.

10.2 The Seller warrants neither the quality nor the fitness for purpose of any scrap film sold to the Buyer. In respect of sales of regenerated

materials, the Seller warrants only that the materials shall comply with the Sellers specification.

10.3 The Company shall not be liable for a breach of any of the warranties in condition 10.1 unless:

(a) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the

carrier, within 3 days of the time when the Buyer discovers or ought to have discovered the defect; and

(b) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer

(if asked to do so by the Company) returns such Goods to the Companys place of business at the for the examination to take place there.

10.4 The Company shall not be liable for a breach of either of the warranties in condition 10.1 if:

(a) the Buyer makes any further use of such Goods after giving such notice; or

(b) the defect arises because the Buyer failed to follow the Companys oral or written instructions as to the storage, installation,

commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or

(c) the Buyer alters or repairs such Goods without the written consent of the Company.

10.5 Subject to conditions 5, 10.2 and 10.4, if any of the Goods do not conform with any of the warranties in condition 10.1 the Company shall

at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that

the Buyer gives notice of the relevant defects: a) in the case of a defect that is apparent on normal visual inspection, within 3 months of

delivery; and b) in the case of a latent defect, within a reasonable time of the latent defect having become apparent. If the Buyer has not given

notice of any defects in the Goods within the relevant time period, it shall be deemed to have accepted the goods. If the Company so

requests, the Buyer shall, at his own expense, return the Goods or the part of such Goods which is defective to the Company.

10.6 If the Company complies with condition 10.5 it shall have no further liability for a breach of any of the warranties in condition 10.1 in respect

of such Goods.

10.7 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

10.8 These conditions shall apply to any repaired or replacement Goods supplied by the Company.


11. EXPORT TERMS

11.1 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of Goods into the country of

destination and for the payment of any duties upon them.


12. LIMITATION OF LIABILITY

12.1 Subject to condition 4, condition 5 and condition 10, the following provisions set out the entire financial liability of the Company (including

any liability for the acts or omissions of its employees, agents and subcontractors) to the Buyer in respect of:

(a) any breach of these conditions;

(b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and

(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the

Contract.

12.2 Nothing in these conditions excludes or limits the liability of the Company:

(a) for death or personal injury caused by the Companys negligence; or

(b) under section 2(3), Consumer Protection Act 1987; or

(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or

(d) for fraud or fraudulent misrepresentation.

12.3 Subject to condition 12.2:

(a) the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation,

restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be

limited to the Contract price; and

(b) the Company shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect

or consequential, or which arise out of or in connection with the Contract.


13. ASSIGNMENT

13.1 The Company may assign the Contract or any part of it to any person, firm or company.

13.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.


14. FORCE MAJEURE

14.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the

Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the

reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of

terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes or other labour disputes (whether or not relating

to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable

materials, provided that, if the event in question continues for a continuous period in excess of 60 days, the Buyer shall be entitled to give notice

in writing to the Company to terminate the Contract.


15. GENERAL

15.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under

the Contract or not.

15.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal,

invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability

or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue

in full force and effect.

15.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of

its rights under the Contract.

15.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver

of any subsequent breach or default and shall in no way affect the other terms of the Contract.

15.5 Except as set out in these conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be

effective unless it is in writing and signed by the Company.

15.6 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third

Parties) Act 1999 by any person that is not a party to it.

15.7 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual

disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the parties submit to the

exclusive jurisdiction of the courts of England and Wales.


16. LANGUAGE

16.1 If this agreement is translated, the English language text shall prevail.

16.2 Any other document provided in connection with this agreement shall be in English, or there shall be a properly prepared translation into

English and the English translation shall prevail in the case of any conflict between them.


17. COMMUNICATIONS

17.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or

sent by fax to the respective party to the address or fax number stated as relating to that party within the Contract.

17.2 Communications shall be deemed to have been received:

(a) if sent by prepaid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the

day of posting); or

(b) if delivered by hand, on the day of delivery; or

(c) if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.

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