COLOMBIER INTERNATIONAL – PAPER SERVICES – GENERAL TERMS AND CONDITIONS
“Contract” means any contract between the Seller and the Customer for the sale and purchase of the Services incorporating these Conditions.“Customer” shall mean the person(s), firm or company who purchases the Goods from the Seller.
“Goods” means any goods agreed in the Contract to be converted, warehoused or otherwise handled for the Customer by the Seller (including any part or parts of them)
“Seller” shall mean any company fully owned by Colombier Group NV incorporated and registered in The Netherlands whose registered office is at Energieweg 111, Mijdrecht 3641RT
“Services“ shall include, but not be limited to, paper cutting, reel re-sizing, re- winding, reel splitting or division, repacking, refurbishment and warehousing
1. These conditions apply to all the Seller’s services and any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by a director of the Seller.
2. No order placed by the Customer shall be deemed to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller performs the Services
3. The Customer must ensure that the terms of its order and any applicable specification are complete and accurate.
4. Any quotation is given on the basis that no contract will come into existence until the Seller dispatches an acknowledgement of order to the Customer. Any quotation is valid for a period of 7 days only from its date, provided that the Seller has not previously withdrawn.
5. All drawings, descriptive matter, paper samples, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
6. Any dates specified by the Seller for performance of the Services are intended to be an estimate.
7. Subject to the other provisions of these conditions the Seller will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the performance of the Services (even if caused by the Seller’s negligence), nor will any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds 90 days.
8. If, for any reason the Customer will not accept delivery of any of the Goods when they are ready for delivery, or the Seller is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licenses or authorizations:
8.1.1. risk in the Goods will pass to the Customer (including for loss or damage caused by the Seller’s negligence);
8.1.2. The Goods will be deemed to have been delivered; and
8.1.3. The Seller may store the Goods until delivery whereupon the Customer will be liable for all related costs and expenses (including without limitation storage and insurance
22.214.171.124. 126.96.36.199. the Seller shall provide a period of 30 days of free storage of the Goods from the moment the Goods have been received by the Seller until the Services are performed or as otherwise agreed in writing
the Seller shall provide a period of 30 days of free storage of the Goods after the Services are performed or as otherwise agreed in writing
188.8.131.52.1.1. Outside the stipulations in paragraphs 184.108.40.206 and 220.127.116.11 The Customer is liable for the storage fee: Reels storage eur 5.20 per metric ton per month Sheets. storage eur 5.20 per pallet per month.
9. Tolerances regarding the contracted quantity shall be agreed between the Seller and the Customer. In the absence of any such agreement the Tolerances shall be determined in accordance with reasonable common practice.
10. Claims arising from the Seller delivering to the Customer or the customer’s nominee a quantity of Goods less or more than he contracted for must be notified by the Customer to the Seller within 7 days of the Customer or the customer’s nominee receiving any document stating or certifying the weight of the Goods delivered.
11. A Lot of paper or paperboard shall be deemed to have been completed in accordance with the Contract if the delivered sizes (in the case of sheets, the width and length and in the case of reels, the width) are in accordance with the following tolerances:Sheets: Tolerance + / – 2 mm Reels: Tolerance + / – 3 mm
12. The price for the Services shall be exclusive of any value added tax and all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts the Customer will pay in addition when it is due to pay for the Services. Payment of the price for the Services is due within 30 days of when the Services are performed or deemed to be performed or as otherwise agreed in writing
13. The Customer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Customer.
14. All payments payable to the Seller under the Contract shall become due immediately upon termination of this Contract despite any other provision.
15. If the Customer fails to pay the Seller any sum due pursuant to the Contract the Customer will be liable to pay interest to the Seller on such sum from the due date for payment at the annual rate of 5 % above the base lending rate from time to time of the Seller’s bankers, accruing on a daily basis until payment is made, whether before or after any judgment. The Seller reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
16. It shall be the responsibility of the Customer to check the Goods before their (re)processing. If the Goods are not in accordance with the contracted Specification, then the Customer must contact the Seller immediately.
17. Claims relating to the Services performed shall be made by the Customer as soon as the fault is discovered, but at the latest within 7 days from the time the converted Goods are delivered
18. When giving notice of claim the Customer must identify the Goods clearly and state fully the facts on which his claim is based.
19. The Customer must inform the Seller immediately by telephone and give confirmation in writing in the event that any fault of the Serviced Goods is discovered during processing which gives or may give rise to a claim.
20. If, any of the Services performed do not conform with the Specification the Seller shall at its option make an attempt to repair such Goods (or the defective part) or refund part or the full value of the Services performed at the pro rata Contract rate.
21. If the Seller complies with the above condition it shall have no further liability for a breach in respect of such Services performed.
22. the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the value of the Services specified on the order confirmation form or otherwise agreed in writing; and
23. the Seller shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
24. If either party is liable for damages to the other these shall not exceed the loss which the party in fault could reasonably have foreseen at the time of the conclusion of the Contract nor include consequential damages. Damages shall in no case exceed the invoiced value of the delivery concerned.
25. Should there after the conclusion of the Contract occur a substantial increase in the total costs of production due to considerable changes in the cost of energy and/or raw materials and/or exchange rates the Seller shall have the right to demand a renegotiations of the price in respect of quantities due for delivery within 30 (thirty) days and the Seller may cancel the undelivered part of the contracted quantity. The Seller shall have the same right should there after the conclusion of the Contract occur a substantial increase in costs of transportation due to drastic changes in freight levels for whatever reason. The price on the order conformation is valid for all affected shipments and/or deliveries up to any possible notice given by the Seller under this clause.
26. (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of this Contract or such other address as shall be notified to the Seller by the Customer
26.1.1. Communications shall be deemed to have been received
26.1.2. if, sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting);
26.1.3. if, sent by facsimile or e-mail transmission on a working dayprior to 4.30 pm, at the time of transmission and otherwise on the next working day
27. In the event that the Customer cancels an order prior to confirmation of the order by the Seller, the Customer shall have no liability to the Seller in respect of that cancelled order.
28. In the event that the Customer wishes to cancel an order after confirmation of the order by the Seller, the Customer shall indemnify the Seller for any and all losses including indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims suffered by the Seller in respect of such cancelled order.
29. The Contract and the legal relations between the Customer and the Seller shall be governed by the laws of The Netherlands
ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO REWINDING
the Seller shall guarantee run-ability, consisting of:
30.1.1. joins made
30.1.2. web break caused by rewinding quality
30.1.3. reasonable (un)winding quality
30.1.4. holes caused in the rewinding process
30.1.6. faults in the reel affected by rewinding
31. the Seller shall not be liable for printability, or any other print related qualifications to which the Seller has no direct influence. In case of a claim tracing back to the manufacturer’s quality, the Seller shall assist the customer in finding a solution to the best of their ability.
32. the Customer shall assume three per cent risk of the finished product, so that three breaks are acceptable per hundred reels, and does not give grounds to a claim. To illustrate, for example, if, in a delivery of fifty reels four breaks occur: three per cent of fifty reels equals to one and a half reels. Deducting one and a half reels from four reels with breaks amount to two and a half reels being the maximum claimed quantity.
ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO SHEET CUTTING AND GUILLOTINING
33. the Seller shall guarantee:
33.1.1. the exact size – with a tolerance +/- 3 millimeter
33.1.2. the fit for reverse printing
33.1.3. square corners
33.1.4. professional packaging including reasonable strong export fitpallets, and plastic shrink fit wrapping. and proper labeling.
33.1.5. reasonably square and straight stacking
34. the Seller shall not be liable for printability, or any other print related qualifications to which the Seller has no direct influence. In case of a claim tracing back to the manufacturer’s quality, the Seller shall assist the customer in finding a solution to the best of their ability.
ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO MOBILE SERVICES DEFINITIONS
“Mobile Services” shall include, but not be limited to reel Sizing, reel Dividing, mobile refurbishing, Core Inserting and other Services provided to the Customer at premises other than those occupied permanently by the Seller.
35. The Seller guarantees runability of, and only of, the reel resizing quality in case of altering the width, or runability of the cores in case of Core Inserts.
36. Should there be a considerable loss of time due to the Customer’s negligence to provide the Seller waste containers, clamp or fork truck assistance, electricity, supply of material, adequate space or any other form of support agreed in the Contract leading to a substantial increase in the total costs of production. the Seller shall have the right to demand a renegotiations of the price and the Seller may cancel the unproduced part of the contracted quantity