Terms & Conditions
All products advertised on this website and sold within the UK have a commercial warranty of 1 year, unless stated otherwise, products sold to areas outside of the UK (or shipped to by others) have a commercial parts only warranty of 1 year, additional carriage may apply in these circumstances.
NB: Sealer heating elements, Teflon®, cutter blades and fuses are not covered by the warranty, spares are provided with some new sealers, should you require more than these can be purchased from pouchsealer.co.uk
If a product fault becomes apparent within the first 7 days, we will either offer a full refund or supply replacement goods once the faulty goods have been returned to us. Please telephone our customer care department on 0208 427 9944 or preferably by email: firstname.lastname@example.org for further instructions. Please note that you will be required to pay the cost of returning products to us and if the product fault is confirmed we can re-imburse reasonable postage costs.
Regular maintenance is essential if the equipment is to operate as specified. During cleaning do not use any tools or solvents that might damage the teflon tapes and the silicone rubber. Worn or burned Teflon should be replaced without delay for safe operation. Any failure of the equipment through the lack of maintenance within the first twelve months of the purchase may render the necessary repairs chargeable and the customer will not be able to rely on normal warranty conditions. We do not undertake to pay for the cost of the carriage charges involved in returning the product to us.
Where parts or equipment are not manufactured by or on behalf of is not of Pouch Sealers manufacture, our liability to you is confined to the guarantee given to us by the manufacturer.
STANDARD CONDITIONS OF SALE
The following Standard Conditions of Sale varied from time to time by the Company will govern this transaction and all contracts between the parties except as otherwise specifically agreed in writing by the buyer and the Company
1. PAYMENT TERMS
(Ⅰ) for approved credit account holders: Net monthly account requiring settlement in full for goods invoiced up to and including the last day of a calendar month to reach the Company no later than the last day of the following calendar month the Company reserves the right to charge interest at commercial rates on amounts outstanding after the due settlement date
(Ⅱ) for non credit account holders: Cash on delivery or cash with order only
2. PRICES AND QUOTATIONS
Quotations are for information only and are binding on the Company only if and to the extent that they are incorporated in an order to the Company which has been accepted in writing all prices quoted are exclusive of V.A.T. The Company reserves the right to alter or amend prices up to the time goods are dispatched.
All UK orders will have 20% VAT added ( or the prevailing rate set at the time) . All EU orders will also be liable to VAT charges unless a valid local Tax number is provided by the Buyer at the time of ordering. There is no VAT applied to orders originating outside of the EU. The Company is not liable for any local duties or taxes related to importation or delivery of goods either to or by the Buyer
The Company shall have the option to rescind any contract or order between the Company and the buyer and/or to suspend delivery of goods in any of the following events:-
(Ⅰ) should any sum owed by the Buyer to the Company be overdue for payment
(Ⅱ) should the Buyer be in breach of any term of the same or any other contract with the Company
(Ⅲ) should the Buyer enter into any composition or arrangement with or for the benefit of his creditors have a receiving order in bankruptcy made against him or go into liquidation or receivership either voluntary or compulsory.
The Company and the Buyer expressly agree that until the Company has been paid in full for the goods comprised in this or any other sale contract between them
(Ⅰ) the goods remain the sole and absolute property of the Company and the Company may recover the goods at any time from the Buyer if the amount outstanding to the Company remains unpaid after the due date for payment has passed for that purpose the Company its servants and agents may enter upon any land or building upon which the goods are situated
(Ⅱ) the Buyer has the right in the course of his business to dispose of the goods which are the property of the Company on condition that the Buyer shall hold the proceeds of such disposal on trust for and on demand pay to the Company any monies due or owing to the Company
(Ⅲ) All equipment made, prepared or obtained by the Company shall be and remain the property of the Company whether or not a charge is made to the Buyer in respect thereof and the Company shall have the exclusive rights to any patents, registered designs, trade marks, copyright or other intellectual property rights retained therein.
(Ⅰ) claims in respect of any alleged defect in the quality of the goods delivered must be made in writing within 14 days after delivery or if related to the transport of the goods within such time as will enable the Company to comply with the time limit and procedure of any carriers by whom the goods were transported
(Ⅱ) the return of goods shall not be made without prior agreement between the buyer and the Company. There is a handling charge of 10% of the invoice value on any good returned other than through where agreed in advance or through faulty manufacture or transit damage.
(Ⅲ) if the buyer shall make any complaint within the time stipulated the Company shall after reasonable time for investigation and examination of the goods in dispute shall be entitled at its option:-
(a) to replace any defective goods or
(b) to accept the return of defective goods and to credit the Buyer with the sale price thereof or
(c) to make the Buyer an allowance representing the difference between the value of goods defective at the time of complaint and the value they would have had if they had not been defective providing the Buyer pays the balance not in dispute according to normal terms
(Ⅳ) any complaint of short delivery or of damage to goods in transit must be notified within 24 hours of receipt of goods and confirmed in writing at that time by the Buyer to the Company
6. CANCELLATION OR ALTERATION OF ORDERS
Where the Company agrees to supply goods it may refuse a request for cancellation suspension or alteration to the order if materials or components have been ordered from a third party or manufacture of the goods has commenced. No order which has been accepted by Pouch Sealer may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify Pouch Sealer in full against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses incurred by Pouch Sealer as a result of the cancellation
7. DELIVERY AND QUANTITIES
(Ⅰ) Once an order is confirmed, the Buyer shall be bound to accept the goods when they are ready for delivery by the Company, irrespective if a lead time indication has been provided.
(Ⅱ) where the Company agrees to deliver goods to a place chosen by the Buyer the buyer shall provide for the unloading of the goods or reimburse the Company the cost of such unloading
(Ⅲ) if the buyer fails to take delivery at the time required by the Contract the Company shall be entitled to:-
(a) invoice the goods forthwith and
(b) to charge at rates giving an economic return for the handling storage and insurance of the goods from the date of invoice to the date when the buyer takes delivery or the Company at its option disposes of the goods
(IV) The Company accepts no liability for delivery when the Buyer requests deliveries to be made by specific or nominated agents.
8. LIMITATION OF LIABILITY
(Ⅰ) the Company shall not be liable for failing to perform this or any other contract whether wholly or in part if the failure is caused either wholly or partly by any circumstance or circumstances outside the Company's control in any event it is expressly agreed that the Company will not be liable for any consequential loss caused to the customer as a result of an order being carried out unsatisfactorily whatever the reason for this shortcoming may be
(Ⅱ) no forbearance or indulgence by the Company shown or granted to the buyer whether in respect of these conditions or otherwise shall in any way affect or prejudice the rights of the Company against the Buyer or be regarded as a waiver of any of these conditions
(Ⅲ) time shall not be of the essence of this or any other contract with the Company
(Ⅳ) The Company shall not be liable for Recommendations and advice regarding the usage and treatments of its products . In particular the Company cannot guarantee that the goods supplied are suitable for the applications intended by the Buyer. The Company accepts no liability for any packed items. It is the responsibility of the Buyer to ensure any packaging meets any legal requirements required for their specific products. The limit of any claim against the company shall be the invoiced amount and no claim for consequential loss will be recoverable against the company.
9. EXPORT TERMS
In these conditions ‘incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the defined of given particular meaning by the provisions of Incoterms shall have the same meaning in these conditions, but if there is any conflict between the provisions of Incoterms and these conditions, the latter shall prevail.
The Buyer shall be 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 on them.
10. FORCE MAJEUR
The Company shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered caused by any event or circumstance beyond the Company's reasonable control.
Visitors to any Pouch Sealer related websites are required to accept the following terms and conditions in return for the information given to them on this website.
We use our reasonable efforts to include accurate and up to date information on all pages of our website. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
The information on the pages of our website has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
Any material downloaded or otherwise accessed through the use of the web pages on our websites is obtained entirely at the Buyers own risk and that the Buyer is entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
We do not accept any liability in connection with any third party websites which may be linked or accessible through our own website and we do not endorse or approve the contents of any such site.
Except where expressly stated to the contrary the text and graphics in the information contained in this website is the copyright of Swiss Pack. Any temporary or Permanent copying or storage of whole or part of this website or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.
The entire contents of any Company websites remain the property of Pouch Sealer and is copyright with all rights reserved.
12. GOVERNING LAW
The interpretation and terms of these conditions will be governed by the Law of England