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Greenside Packaging

Terms and Conditions Storage, Fulfilment, and Distribution

This Contract is between us, Greenside Packaging Services Limited, and you, our customer, for the production and supply of goods.

The Contract will be on the below clauses to the exclusion of all other terms and clauses (including any terms or clauses which the customer purports to apply under any purchase order, confirmation of order, specification or other document).  Failure or delay by the company in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any rights under the contract.

  1. Quotations and Price Variation
    1. Any quotation that we provide to the customer shall be based on the current cost of production and will remain valid for 3 months from the date of quotation.
    2. A quotation provided under clause 1.1 can be amended by negotiation prior to acceptance, but the validity period stated in that clause shall remain unaffected.
  2. Orders
    1. Each order by the customer shall be deemed to be an offer by the customer to purchase Goods subject to these clauses.
    2. The customer must ensure that the terms of its order and any applicable specification are complete and accurate
  3. Samples and Preliminary Work
    1. We may charge the customer for any work that we complete, whether experimental or otherwise.
    2. We may charge the customer for any samples that we provide to the customer.
  4. Payment
    1. Our prices are exclusive of VAT at the prevailing rate.
    2. All payments are due within 30 days of the date of our invoice to the customer.
    3. If we agree with the customer to expedite completion, then we may charge the customer for any overtime and any other additional costs involved.
    4. In default of payment then we may charge the customer interest at the rate of 4% per annum above the prevailing Bank of England base rate from the date that payment is due until the date that payment is received, together with any other costs of recovery.
  5. Risk / Title
    1. Upon our notification to the customer of completion of the work agreed under this Contract, risk in the goods shall pass to the customer within 7 days thereafter unless agreed otherwise in writing.
    2. Ownership of the goods shall not pass to the customer until we have received in full all sums due to us in respect of the goods and all other sums which are or which become due to us on from the customer on any account
    3. If the customer fails to pay our invoice for the goods in accordance with clause 4.2 and the goods have remained in our possession, we shall be at liberty to deal with the goods as we see best fit.

  6. Delivery
    1. The customer must arrange with us when to collect the goods.
    2. The customer will take delivery of the goods within 14 days of us giving notice that the goods are ready for delivery
    3. If for any reason the customer will not accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods because the customer has not provided appropriate instructions, documents or authorisations, we may store the goods until delivery whereupon the customer will be liable for all related costs and expenses, including, without limitation storage and transportation
    4. In the event that we agree with the customer to transport the goods, then the customer shall pay us the costs of the carriage involved.

  7. Inspection
    Upon delivery of the goods it is incumbent on the customer to immediately inspect the goods and notify us of any defect in them within 3 days of delivery, otherwise the customer is deemed to have accepted the goods in the state delivered.
  8. Loss and Damage
    1. The quantity of any consignment of goods as recorded by us upon dispatch shall be conclusive evidence of the quantity received by the customer unless the customer can provide conclusive evidence proving the contrary.
    2. Upon risk in the goods passing to the customer in accordance with clause 5.1, we shall not be liable for any damage and loss in respect of those goods whilst they remain in our possession thereafter.

  9. Termination
    1. Either party may terminate this Contract at any time by giving 30 days notice in writing, whereupon we may charge the customer for any work that we have completed on their instructions up to the date of termination.
    2. All payments due to us under the contract shall become due immediately upon termination of this contract despite any other provision.
  10. Insolvency
    1. Clauses 10.2 and 10.3 shall apply if:
      (a) being a company the customer has been deemed to be unable to pay their debts or a winding up petition has been made against the company; or
      (b) being a person the customer has committed an act of bankruptcy or have had a bankruptcy petition issued against them.
    2. In the event that clause 10.1 applies we shall have the right to terminate this Contract forthwith and charge the customer for:
      (a) any work carried out (whether completed or not); and
      (b) any materials purchased.
    3. In addition to clause 10.2 and in respect of payment of any debt due from the customer to us we shall:
      (a) have a general lien on all your property that is in our possession (whether worked on or not); and
      (b) on the expiration of 14 days notice to you be entitled to dispose of any of that property in a manner and at a price we consider best fit and apply the resulting proceeds of sale toward payment of any debt due from the customer to us, with any of that property not sold and/or any surplus of the proceeds of sale of that property being provided to the customer.

  11. Force Majeure
    1. We shall not be liable to the customer when the reason for us not providing the goods on time is due to any event outside of our control, including (but not limited to) Act of God, war, fire, flood, failure of power supply, lock-out, strike or other action taken by employees.
    2. The customer shall be entitled to give notice in writing to us to terminate the contract
  12. Third Party Rights
    This Contract does not nor is intended to confer a benefit on a third party within the meaning of the Contracts (Rights of Third Parties) Act 1999.
  13. Severance
    If any provision of this Contract is deemed to be invalid or unenforceable then such invalidity or unenforceability shall not affect the other provisions of this Contract which shall remain in force.
  14. Applicable Law
    This Contract is subject to the laws of England and Wales and the jurisdiction of the English courts.