TERMS AND CONDITIONS

FORMATION OF CONTRACT : All orders are subject to acceptance in writing by EURO PLAST LIMITED. (The `Company`) which shall constitute the binding contract for the goods ordered (`the Goods`). The contract is subject to the following terms and conditions, which shall prevail over any other terms of the customer or otherwise. They cannot be varied other by the express written agreement of a director of the Company.

SPECIFICATION: The technical specification of the goods will (unless otherwise agreed in writing) be in accordance with the Company’s standard specification for goods of that kind at the date of dispatch. All specifications are subject to usual manufacturing tolerance.
   
DELIVERY: Delivery dates are quoted or accepted in good faith, but are not guaranteed unless stated to be `guaranteed` on Seller`s order acknowledgement and in no circumstances shall the seller be liable for any loss or damage sustained by the buyer in the consequence of failure to deliver by such a date or otherwise of any delay in delivery. Delivery shall be made to the place(s) specified on Seller`s order acknowledgement.
Buyer is responsible for all storage and insurance charges relating to Buyer’s failure to accept the goods by any dated quoted or requested or (if none) within 2 months.

RISK: The risk in the goods will pass at the time of delivery.

TITLE: Property of the Goods shall remain with the Company till all sums owing from the customer to the Company on any account whatsoever have been received by the Company. In the event that any of the goods supplied hereunder are resold by the customer before all sums owing therefore have been paid, the Company shall be entitled to the proceeds of such resale or the claim for such proceeds.
Without prejudice to condition above here of until the Company has been paid in full for the goods comprised in this contract:
a)     Such goods remain the property of the Company although the risk therein passes to the customer at the time of delivery.
b)     The Company may recover the goods at any time from the customer from any land or building upon which the goods are situated.

PRICE : Prices are including carriage and taxes/duties but ex VAT to Seller`s order acknowledgement and shall be paid together with VAT. Unless otherwise stated on Seller`s order acknowledgement / invoice payment is due within 45 days from the date of invoice.

SUSPENSION: Seller may (without prejudice to its other rights or remedies) cancel or suspend Seller`s performance of the whole or any outstanding part of the contract in the event described below. Seller may also suspend deliveries while investigating any claim relating to prior shipments. The relevant events are if:

a)     Buyer also fails to accept the goods by any date quoted or requested (or, if none, within 30 days) or to pay for the goods on the due date, or breaches any other term of the contract; or
b)     Buyer becomes bankrupt or insolvent or is liable to be wound-up for any reason; or
c)     Seller has reasonable grounds for suspecting that the events in (b) above have occurred or will occur, or that Buyer will not pay for the goods on the due date, and so notifies Buyer.

SELLER`S WARRANTY: Seller warrants that the goods;
a)     Are sold with good title.
b)     Are of the description stated on Seller`s order acknowledgement and,
c)     Comply with Seller`s current published technical specification of Buyer which Seller has explicitly agreed to in writing, or, where there is no such technical specification, that they are made with sound materials and workmanship to normal standards accepted in the industry.
d)     Seller does not (subject to (b) and (c) above) warrant that the goods are fit for any particular purpose of or intended use by the Buyer and it is for Buyer to satisfy itself that the goods are so fit, by making proper enquiries of Seller or in other ways.

FORCE MAJEURE : Seller shall not be liable for any failure to comply with the contract which is cause be any circumstances whatever which materially affect Seller`s ability to manufacture, supply or deliver the products by seller’s normal means, or which are beyond Seller`s reasonable control and which otherwise prevent or restrict Seller from complying with the contract.
       If Seller is unable to supply the total quantity of goods ordered, Seller may allocate its available supply of goods among any or all purchases or users (including Seller and its affiliates) or make partial shipments on such basis as it may deem fair and practical without liability for any failure of performance which may result there from.

APPLICABLE LAW : All contracts shall be governed by a construed in accordance with the laws of England. Each party submits to the jurisdiction of the English courts.