Packme Ltd trading as Takeaway Packaging Terms and Conditions

The terms and conditions below govern the sale of goods from Takeaway Packaging (“the Company”) to
you (“the Customer”).

1, Contract
All Orders are accepted subject to these Conditions. No order shall be binding unless confirmed by
Packme Ltd (Takeaway Packaging). on our Acknowledgement of Order form and acceptance of delivery of
the goods shall be deemed to be conclusive evidence of acceptance of these terms by the Buyer.

2, Quotations
All quotations are subject to withdrawal or amendment by Packme Ltd (Takeaway Packaging). at any time
prior to actual receipt by Packme Ltd (Takeaway Packaging). by an order for goods referred too therein
and to the provisions of Clause 3 below. Clerical errors will be subject to correction.

3, Prices
(i) The price(s) are given in good faith and are those ruling at this date. All prices are subject to market
fluctuations and revision and the actual price(s) to be paid by the Buyer shall be Packme Ltd’s., price ruling
at the date of despatch.
(ii) Where an order is received for a quantity less than that quoted for or where delivery is required in
installments smaller than those specified in the quotation, prices will be subject to an increase. Packme
Ltd (Takeaway Packaging). reserve the right to requote under these circumstances.
(iii) Unless otherwise agreed or shown, the price(s) include delivery.
(iv) The price will be increased where the cost of labour or materials have increased subject to notice
being given no later than 14 days prior to delivery and with the Buyer having the right to cancel up to 7
days before the delivery date.

4, Installments
Where goods are ordered for delivery by installment, each installment shall be deemed to be a separate
contract unless otherwise agreed in writing.

5, Quantity
Delivery of up to 10% more or less than the quantity ordered shall be deemed to be a good delivery in
accordance with the contract.

6, Materials
Materials of not less strength than those ordered may be substituted for quoted materials.

7, Payment
Subject to satisfactory references being given, payment to be made by end of month next following date
of despatch; otherwise payment to be made against proforma invoice. No discounts or other deductions
will be allowed. Interest will be charged on late payments form the date of invoice at 12% per annum or
4% above Barclays Bank Plc base rate from time to time in force whichever is higher.

8, Claims
No liability is accepted for any claims for short delivery or damage unless notified to us within 3 clear
days of delivery and in the event of wet damage the delivery documents must be endorsed accordingly.

9, Consequential Loss
Packme Ltd (Takeaway Packaging). shall not in any event be liable to the Buyer for any indirect or
consequential loss or damage arising from the manner of performance or from
non performance of the contract.

10, Warranties
Packme Ltd (Takeaway Packaging). warrants that the goods will at the time of delivery correspond to the
description given in the quotation subject to any subsequent amendments in our Acknowledgement of
Order form or otherwise notified in writing. All other warranties, conditions or terms relating to fitness
for purpose, merchantability or conditions or the goods whether implied by status or common law or
otherwise are excluded. The Buyer and any user of the goods should accordingly take all steps as may
be necessary to satisfy themselves as to the condition and/or suitability of the goods and should not
rely on any representations whether written or oral made by or on behalf of Packme Ltd., their agents or
employees and liabilities for which representations is excluded. The contracts (Rights of third Parties) Act
1999 shall not apply to any contract made between Packme Ltd. and the Buyer.

11, Retention Of Titles
Packme Ltd (Takeaway Packaging). and the Buyer agree that until Packme Ltd. have been paid in full for
the goods comprised in this or any other contract between them:
(i) The goods comprised in this contract remain the property of Packme Ltd (Takeaway Packaging).
(although the risk therein passed to the Buyer when the goods are delivered to the Buyer).
(ii) Packme Ltd (Takeaway Packaging). may recover those goods at any time from the Buyer if the amount
outstanding from the Buyer to Packme Ltd. in respect of goods or any part of it shall remain unpaid after
the due date for payment has passed, and for that purpose the Buyer irrevocably authorises Packme Ltd.
Or any servant or agents of Packme Ltd (Takeaway Packaging). to enter upon any land or building upon
which the goods are situated;
(iii) The Buyer has the right to re-sell the goods in the course of his business for the account of Packme
Ltd (Takeaway Packaging). (but any warranties, conditions or representations given or made by the
Buyer to any third party shall not be binding on Packme Ltd. who should be indemnified by the Buyer with
respect thereto) and to pass good title to the goods to his customer being a bona fide purchaser for value
without notice of Packme Ltd’s. rights;
(iv) In the event of such resale the Buyer had the fiduciary duty to Packme Ltd (Takeaway Packaging). for
the proceeds but may retain therefrom any excess of such
proceeds over the amount outstanding under this or any other sale contract between them and Packme
Ltd (Takeaway Packaging). has the additional right to recover the Buyer’s price directly from the Buyer’s
customer to the extent unpaid; if Packme Ltd. avails themselves of such right Packme Ltd. will account to
the Buyer for any such excess as aforesaid less any expenses incurred by Packme Ltd. in respect of such
recovery;
(v) Nothing in this Condition shall confer any right upon the Buyer to return the goods sold hereunder or
to refuse or delay payment therefore unless otherwise agreed.

12, Copyright And Other Industrial Property Rights
Packme Ltd. shall be indemnified by the Buyer against any claims by a third party against Packme Ltd.
arising out of any goods supplied to or work done for the Buyer including any infringement of copyrights,
patents, trade mark or registered design.

13, Article Numbering
Where Packme Ltd. is requested to supply packs with machine readable symbols printed thereon in
accordance with the Operating Manual for article numbering approved for the time being by the Article
Numbering Association (UK) Limited (ANA). Packme Ltd’s. obligation is to print the agreed symbol
according to the procedures set out in the ANA Operating Manual. Provided Packme Ltd. comply with any
ANA Procedure in force at the time of supply Packme Ltd. shall have no liability whatsoever for any loss
howsoever arising if any symbol is not machine readable.

14, Force Majeure
Packme Ltd. shall not be liable for failing to perform the contract whether in whole or part if the failure is
caused by any inability to secure labour, materials or supplies, act of God, riot or civil commotion, strike,
lock-out, fire, flood, drought, act of government or any cause, whether or not similar in kind to all or any
of the foregoing, outside Packme Ltd’s control and shall have the right by notice in writing to the Buyer to
rescind the contract or to elect to vary the contract as may in Packme Ltd’s opinion be necessary.

15, Stockholding
If an agreement is made with the buyer to hold their goods at our premises pending call off, the following
conditions will apply:
(i) Buyers bespoke stock will be held for 3 months from the date of the Buyer’s first call off;
(ii) Any stock remaining after such date will be invoiced to the customer;
(iii) Payment shall be due within 30 days of invoice;
(iv) Bespoke stock remaining after the end of the said 3 month period shall be removed to Buyer’s
premises or such other premises as the Buyer shall notify to Packme Ltd;
(v) Failure to remove stock will give Packme Ltd. the right to remove remaining stock to outside stores at
the Buyer’s cost.

16, Jurisdiction
Any contract between Packme Ltd. and the Buyer will be governed by the laws of England and Wales and
the Buyer irrevocably submits to the jurisdiction of the Courts of England and Wales in relation to all
matters arising out of any contract between Packme Ltd. and the Buyer.

17, Data Protection
(i) We may transfer information about you to our bankers/financiers, in order for them to provide their
services to us and other customers of theirs and to
help them to (a) obtain credit insurance (b) undertake credit control (c) undertake assessment and
analysis (including credit scoring, market, product and statistical analysis (d) securitise debts and (e)
protect their interests.
(ii) We or our bankers/financiers may make credit reference agency searches in respect of your business
and its principals. Please note that credit reference
agencies make a record of searches which may be used to prevent fraud or money laundering or by other
subscribers to make credit decisions about you.
(iii) We will provide you with details of our bankers on request, including a contact telephone number
from where you can obtain details of the credit reference agencies used by them and any third parties to
whom information is transferred.

18, Notification
Packme Limited from time to time makes contributions to a discretionary commercial purpose trust, a
practice that it has operated for some years, and which the directors recognise fully in the accounting
records of the company as part of its normal operational activities.