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TERMS & CONDITIONS OF SALE – PAPER AND PENS LTD.
  1. Formation of Contract
    • Quotations do not constitute an offer.
    • Contracts may be made orally or in writing but no contract shall be made until the Seller has accepted an order placed by the Buyer.
    • Unless specifically agreed in writing by both parties, any contract made between the Seller and the Buyer shall be made subject to these conditions which shall prevail over any and all terms or conditions referred to in a Buyer's order or in correspondence or elsewhere and any such conditions are excluded.
  2. Payments
    • Unless otherwise specified by the Seller, payment of any invoice is due within 28 days of the date of invoice.
    • The Seller may charge interest on delayed payments from the due date on a day to day basis at base rate plus 3%.
  3. Delivery
    • All claims for damage to or partial loss of goods in transit must be submitted in writing to both the carrier and the Seller within three days of delivery.
    • All claims for non-delivery must be submitted in writing to both the carrier and the Seller within seven days of receipt by the Buyer (or the Buyer's agent) of notification of despatch of the goods.
    • In the absence of claims within these time limits all goods shall be deemed to have been properly delivered.
  4. Returns
    • Subject to obtaining prior authorisation from the Seller in writing to do so, which the Seller may in its absolute discretion decline, the Buyer may at its own expense return to the Seller any unwanted goods or any goods incorrectly supplied by the Seller.
    • The Seller will inspect the unwanted or incorrectly supplied goods returned and may in its absolute discretion decline to re-stock any which in the Sellers opinion are not readily resaleable.
    • The Seller will notify the Buyer within 7 days of return of any unwanted or incorrectly supplied goods not to be re-stocked and shall be under no obligation to return them to the Buyer unless and until the Buyer remits the cost of re-carriage.
    • The Seller will store any unwanted or incorrectly supplied goods not re-stocked at the Buyers risk for 28 days and shall then be entitled to dispose of the same without liability to the Buyer.
    • On re-stocking any items the Seller will issue credit notes to the Buyer for the invoiced value of the re-stocked items less in the case of unwanted goods a re-stocking charge of 20%.
    • Nothing in this clause shall operate to exclude or restrict the statutory rights of cancellation of any Buyer who is a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000.
  5. The Consumer Protection (Distance Selling) Regulations 2000. (“the Regulations”)
    • The information required pursuant to Regulation 7 is as follows:
      The supplier is Paper and Pens Limited, 22 St. John’s North, Wakefield WF1 3QA
      The goods are computer consumables, stationery and office equipment.
      The price of the goods including VAT is specified on the invoice.
      Payment is to be made within 28 days of invoice and delivery will be by courier.
      Consumers as defined in the Regulations (“Consumer”) have the right to cancel the contract within 7 working days beginning with the day after the day on which the Consumer receives the goods by serving written notice on the supplier at the Return Address to that effect. The right to cancel does not apply to bespoke orders, audio or video recordings or computer software if they are unsealed by the Consumer. Any Consumer wishing to exercise the right to cancel a contract must return the goods to the Supplier immediately after serving notice of cancellation. Any costs borne by the Supplier in connection with the return of the goods or the recovery of the goods if the Consumer having cancelled fails to return them shall be charged to the Consumer.
    • Any complaints which the Consumer may have about the Supplier should be addressed to the Return Address.
    • Details of the guarantees given by the Supplier to the Consumer in connection with the goods are set out in Clause 6.
  6. Warranties
    • In addition to any specific manufacturers warranty, all goods supplied are warranted to be of satisfactory quality. Any claims relating to defective goods must be notified to the Seller within 7 days of receipt. The goods must be returned to the Seller at the Buyers cost in accordance with instructions provided by the Seller. The Seller will credit or replace any defective goods together with the cost of return carriage. All credits to customer accounts will be in the form of a Credit Note. This warranty is given in lieu and to the exclusion of all other warranties and conditions implied by statute.
    • As the conditions under which the goods may be used are beyond its control the Seller gives no warranty as to the fitness of any goods for any particular purpose.
  7. Exclusions
    • Neither Clauses 6a or 6b nor the following provisions of this clause shall operate to exclude or restrict the statutory rights of any Buyer dealing as a Consumer as defined in the Unfair Terms in Consumer Contracts Regulations 1999.
    • If the Buyer orders goods by reference to an order or parts number responsibility for ensuring the accuracy of any information provided rests with the Buyer.
    • Under no circumstances save where the negligence of the Seller causes the death or personal injury of any person shall the Seller be liable in contract or tort for loss of profits or for any other financial or consequential loss, injury or damage arising directly or indirectly from the use, application or storage of goods supplied by the Seller.
    • In no circumstances shall the liability of the Seller for any loss, damage, costs or expense exceed the sale price of the goods supplied.
    • No assurances given or representations made by the Seller to the Buyer before a contract is made or arising from a previous course of conduct between the parties shall take effect as part of any contract or as a collateral warranty or contract unless recorded in writing in a Seller's quotation or a Buyer's written order.
  8. Retention of Title
    • Until the Seller has been paid in full for any goods supplied such goods shall remain the property of the Seller and the Buyer shall hold them as bailee.
    • For so long as the property in the goods remains in the Seller and wherever such goods may be located the Buyer grants the Seller the right to enter upon any premises occupied by the Buyer at any time after 28 days from the date of invoice and to take repossession of the goods.
    • The seller may maintain an action for the price of the goods notwithstanding that title to the goods may not have passed to the Buyer.
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