TERMS
Interpretation
Puffin Packaging Ltd – Conditions Of Sale. The Buyer’s Attention Is In Particular Drawn To The Provisions Of Clause 8
In these terms and conditions:
“Buyer” means any person, firm, company or other legal entity which places an order, or buys any products from Puffin Packaging Ltd and includes the employees, agents or sub-contractors of any such person, firm, company or other legal entity.
“Contract” means any contract between Puffin Packaging Ltd and the Buyer for the sale and purchase of the Products in accordance with these Terms and Conditions.
“Products” means any products agreed in the Contract to be supplied to the Buyer by Puffin Packaging Ltd (including any part or parts of them).
Puffin Packaging Ltd means (company registration number 10645325) of Archbold House, Albert Road, Leeds, LS27 8TT or such other associated company specified in the quotation.
“Terms and Conditions” means these terms and conditions of sale, as amended from time to time.
Contract
The Contract shall be on these Terms and Conditions to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. These Terms and Conditions apply to all Puffin Packaging Ltd's sales and any variation to these Terms and Conditions and any representations about the Products shall have no effect unless expressly agreed in writing and signed by one of Puffin Packaging Ltd's directors. Each order or acceptance of a quotation for Products by the Buyer from Puffin Packaging Ltd shall be deemed to be an offer by the Buyer to buy Products subject to these Terms and Conditions.
No order placed by the Buyer shall be deemed to be accepted by Puffin Packaging Ltd until a written acknowledgement of order is issued by Puffin Packaging Ltd or (if earlier) Puffin Packaging Ltd delivers the Products to the Buyer.
The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Puffin Packaging Ltd which is not set out in the Contract.
A quotation for the Products given by Puffin Packaging Ltd shall not constitute an offer. A quotation shall only be valid for a period of 30 days from its date of issue.
All implied conditions and warranties and other terms whether implied by statute or at common law or otherwise and whether as to quality, fitness for purpose, performance, merchantability or otherwise in relation to the Products and to the sale or supply thereof by Puffin Packaging Ltd are to the fullest extent permitted by law excluded.
Description & Specification
The quantity and description of the Products shall be as set out in Puffin Packaging Ltd's quotation or acknowledgement of order.
All samples, drawings, descriptive matter, specifications and advertising issued by Puffin Packaging Ltd and any descriptions or illustrations contained in Puffin Packaging Ltd's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract and this is not a sale by sample.
Puffin Packaging Ltd reserve the right to make any changes in the specifications of the Products that are necessary to ensure they conform to any applicable safety or statutory requirements and to make without notice any minor modifications in the specifications Puffin Packaging Ltd thinks are necessary or desirable.
Delivery
Any dates specified by Puffin Packaging Ltd for delivery of the Products 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.
The Products may be delivered by Puffin Packaging Ltd in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
Puffin Packaging Ltd will deliver the Products to the Buyer’s delivery address stated on the quotation or order confirmation. Puffin Packaging Ltd shall be entitled to deliver the Products in instalments.
Unless otherwise agreed, delivery of the Products shall take place at the Buyer’s delivery address but where the Products are collected by the Buyer or the Buyer’s carrier, delivery shall be deemed to have taken place at the time of collection which for the avoidance of doubt will be prior to the time that the Products are loaded onto the Buyer’s or carrier’s vehicle.
If the Buyer fails to take delivery of the Products at the agreed time or fails to give Puffin Packaging Ltd adequate delivery instructions then, without prejudice to any other right or remedy available to them:
(a) delivery of the Products shall be deemed to have been completed at 9.00 am on the seventh day after the day on which Puffin Packaging Ltd notified the Customer that the Products were ready to be collected or being posted;
(b) Puffin Packaging Ltd may charge the Buyer for the reasonable costs (including without limitation insurance and further delivery charges) of the Products until delivery can take place.
Non-Delivery
Puffin Packaging Ltd shall not be liable for any non-delivery of Products (even if caused by Puffin Packaging Ltd's negligence) unless the Buyer gives written notice to Puffin Packaging Ltd. of the non-delivery within 8 days of the date when the Products would in the ordinary course of events have been received.
Any liability of Puffin Packaging Ltd for non-delivery of the Products shall be limited to replacing the Products within a reasonable time.
Risk / Title
The Products are at the risk of the Buyer from the time of delivery if the Buyer wrongfully fails to take delivery of the Products, the time when Puffin Packaging Ltd has tendered delivery of the Products.
Notwithstanding delivery and passing of risk, property in and title to the Products shall remain with Puffin Packaging Ltd until Puffin Packaging Ltd has received payment in cash or cleared funds from the Buyer.
Price & Payment
Unless otherwise agreed by Puffin Packaging Ltd in writing, the price for the Products shall be the price set out in Puffin Packaging Ltd's quotation which incorporates these Terms and Conditions.
The price for the Products shall be exclusive of any value added tax which the Buyer shall pay in addition when it is due to pay for the Products.
Unless otherwise agreed, all prices exclude the cost of delivery.
The Buyer is to pay Puffin Packaging Ltd in cleared funds prior to delivery of the Products.
Limitation & Liability
Subject to clauses 4 and 5, the following provisions set out the entire financial liability of Puffin Packaging Ltd (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these Terms and Conditions, including any deliberate breach of these Terms and Conditions by a party, or its employees, agents or subcontractors;
(b) any use made or resale by the Buyer of any of the Products, or of any product incorporating any of the Products; and
(c) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these Terms and Conditions excludes or limits the liability of Puffin Packaging Ltd for:
(a) death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors (as applicable); or
(b) for defective products under the Consumer Protection Act 1987; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) any matter which it would be illegal for Puffin Packaging Ltd to exclude or attempt to exclude its liability; or
(e) for fraud or fraudulent misrepresentation.
Puffin Packaging Ltd shall not under any circumstances be liable for death or personal injuries or other losses arising from the negligence of the Buyer, non-observance or non-compliance by the Buyer of Puffin Packaging Ltd’s oral or written instructions as to the storage or use of the Products with chilled or frozen foods or (if there are none) good trade practice regarding the same (including without limitation damage to food items packaged and supplied by the Buyer which are contained within the Products and harm to persons caused by leakage from the gel cooling packs supplied by Puffin Packaging Ltd).
Subject to clause 8.2 and 8.3:
(a) Puffin Packaging Ltd'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 [150% of ] the price of the Products supplied by it; and;
(b) Puffin Packaging Ltd 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 any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
Law & Jurisdiction
This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.
Force Majure
Puffin Packaging Ltd shall not be liable for any failings in its performance under this Contract if such failing is a direct or indirect result of any circumstances outside its control.
Puffin Packaging Ltd shall not in any circumstances have any liability to the Buyer under the Contract if it is prevented from, or delayed in, performing its obligations under the Contract by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Puffin Packaging Ltd or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
General
A person who is not a party to the Contract shall not have any rights to enforce its terms.
Any notice required or permitted to be given by either party to the other under these Terms and Conditions 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 pursuant to this provision to the party giving the notice.
If any of the terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
Privacy Policy
What is this Privacy Policy for?
This privacy policy is for this website and served by Puffin Packaging and governs the privacy of its users who choose to use it. The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
The Website
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
Use of Cookies
This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user's computer / device.
Cookies are small files saved to the user's computers hard drive that track, save and store information about the user's interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google's privacy policy here for further information [ http://www.google.com/privacy.html ].
Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
Email Newsletter
This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website's email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].
This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.
External Links
Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website.
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
Cookie Policy
Cookies
To make this site work properly, we sometimes place small data files called cookies on your device. Most big websites do this too.
What are cookies? A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.
How Do We Use Cookies?
Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended. The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.
How To Control Cookies?
You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.
Find Out More Today
Want to know more? Feel free to ping us an email or give us a buzz on the telephone for more info. Alternatively, if you’d like to pop round just let us know and we’ll put the kettle on.
