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Terms of service

These terms and conditions apply to all transactions taking place between your Company and ours, unless a specific written contract exists that clearly stipulates the areas where our Company has made exceptions.

These terms and conditions prevail over any particular conditions of purchase that you might have.

1 – Reciprocal commitments

1.1. ORDERS

Orders taken by our salesmen or addressed directly to our Company do not in themselves constitute sale contracts committing our Company: a sale only occurs when our Company has confirmed the

transaction by written acceptance of the order.

Furthermore, we reserve the right, even after an order has been confirmed, or a fortiori while executing the contract, to ask the buyer to provide us with a guarantee of payment for the goods, particularly in the case of a first order from a new customer, a customer put into administration and/or following a warning relating to the customer's financial health. These guarantees must be valid, true and genuine. In the event of the buyer not being able to provide such guarantees promptly, we will have de facto the right to consider the contract as either void or cancelled, without the need for formal notice, procedure or legal intervention.

Orders, contracts, transactions cannot be cancelled without our consent.

1.2. ALTERATIONS TO ORDERS

Any alteration made to existing orders (after we send our Acknowledgement of Receipt) can lead to a pricing review and an extension of the delivery period.

In the event of the buyer cancelling the order, all expenses incurred will be due.

1.3. PRICING

In the absence of a contrary written agreement, all prices shown on our confirmation documents are carriage and packaging paid, net of discount, reduction or concession.

Our prices are calculated at the time of the sale according to, among other factors, the price of raw materials, current taxes and transport rates; any augmentation of these prices taking place before the delivery date, should the delivery period be over eight weeks and especially concerning transactions and/or orders giving rise to staggered deliveries, will be charged to the buyer and added to the invoice.

1.4. DELIVERY PERIOD

The delivery period starts on the day the different specifications affecting the product and the transaction have been agreed once and for all. The given period is for information only. Under no circumstances will the Company be liable for damages claims due to late delivery of goods. Furthermore, such delay may only lead to the right of the buyer to cancel his order if the buyer has sent by recorded delivery a formal notice allowing a minimum delivery period of fifteen days, and if the delivery has not taken place before the end of this period.

By express clause, we would be free of all obligation in the event of circumstances which are contractually comparable to cases of force majeure, or of factors outside our control, e.g. strikes, floods and other natural disasters, shortage of fuel, energy, raw materials, disruption in transport services, fires, breaking or damages inflicted to machinery, and all causes liable to hinder or stop our production and delivery processes.

1.5. EXTENSION OF DUE DATE

If there is a delay in sending our goods which is caused by the customer, our Company may produce an invoice for 'goods available in warehouse', payable within the same period as if the goods had been dispatched at the due date, without prejudice to the invoice for storage costs.

Furthermore, such goods invoiced as 'available in warehouse' are kept at the customer's own risk.

Finally, after three months from the date of 'availability in warehouse' notice, our Company may proceed with the dispatching of the goods.

1.6. DELIVERY, DISPATCH, COLLECTION

Delivery means from the point in our warehouses when the goods are given to either the buyer, his chosen carrier or to the carrier designated by us in the name and on account of the buyer.

In the event of damage, loss, delays or any mistakes, the consignee only appeals to the carrier and takes necessary measures in accordance with the law to maintain this appeal (Article L133 from the

Code of Commerce), without which the buyer will loose any appeal against the carrier.

1.7. DRAWINGS, PHOTOENGRAVING AND NEGATIVES

The drawings, photo-engravings and negatives done by our Company for our printing work are the exclusive property of the Company, even if they have been executed from graphic representations and

sketches entrusted to our care by the customer.

On no account will we hold any liability with regard to copy, plagiarism or non-respect of precedence of a registered design, the customer being solely responsible for the designs that he entrusts unto us.

The customer will have to assist FLEXICO in case of dispute and pay the Company compensation for

any prejudice in this process.

Extra technical costs (drawings, photo-engraving, negatives etc.) will be invoiced additionally.

1.8 PAYMENT

Our payment terms are 30 days following the end of month of the invoice date. A 0.5% discount will be given for payment in cash. In case of late payment, an interest rate for delayed payment of 3 times the amount of the legal base interest rate will be applicable. In case of payment by bill agreed in advance, the bill will have to be received by us at least 20 days before the redemption date. If this period is not respected, we reserve the right to have the refusal of payment duly reported by protest, in accordance with the article 148 of the Code of Commerce.

2 – Quality and approval of goods

Unless otherwise formally agreed in writing, our goods are delivered in marketable quality and condition, holding the specifications and tolerances customary to the profession, without concern for the use the customer intends to make of them.

2.1. DELIVERY MARGINS

- Confirmed dimensions of the bags mean overall width, depth under seal for Minigrip, Zipgrip or

Topmatic bags.

- Depth margin: in one place +/- 20%, for medium weight +/- 5% and +/- 7% for tubes and Minigrip bags

- Margin in width and depth +/- 5%

- Agreed margins on ordered quantities are limited to the percentages listed below which are applicable to entire orders or to parts of one order or by reference to products, according to delivery

specifications given by the customer

a) plain bags (no print)

+/- 15% for orders under or equal to 10.000

+/- 10% for orders between 11.000 and 100.000

+/- 5% for orders over 100.000

b) bags, reels, sleeves, plastic sheets with prints sold individually

+/- 25% for orders under or equal to 10.000

+/- 20% for orders between 11.000 and 25.000

+/- 15% for orders between 26.000 and 100.000

+/- 10% for orders over 100.000

c) reels with or without prints sold by weight or by 1000 meters or by 1000 images

+/- 20% for orders under or equal to 150kg

+/- 15% for orders between 151 and 250kg

+/- 10% for orders over 250kg

d) closing profiles sold by 1000 meters

+/- 20% for orders under or equal to 10.000

+/- 10% for orders between 11.000 and 100.000

+/- 5% for orders over 100.000

2.2. PRINTED GOODS

Unless otherwise specified in the order, our prints are done in standard colours. On no account can we guarantee the resistance of the inks we use if they are exposed to products which may damage them, in accordance to current practice in the profession.

2.3. BAR CODES

The Company shall accept liability only for the printing of bar codes that are made within our printing range.

If the customer wishes to use an inferior type of magnifying optical scanner or put the bars in a

different orientation than the one obtained within our printing range, the customer is taking full responsibility for the consequences that might occur.

The quality of the resulting print will be measured on a flat base.

The Company cannot be held responsible for any error resulting from anomalies existing, for example,

on the 'Passed for Press' proof signed by the customer.

In case of dispute, arbitration will be referred to GENCOD.

2.4. FAULTS, CLAIMS

It is understood by formal convention that a fault cannot be a motive for refusing the goods, if it is affecting less than 5% of the total delivery.

The Company does not accept any return of goods without having given prior authorisation.

No claim of any sort concerning the goods will be received after a period of one week following receipt of the goods by the customer. Furthermore, all claims must be made in writing.

2.5. RESPONSIBILITY

Our Company's responsibility is strictly limited to replacing purely and simply any parts which have

been declared faulty after a contradictory examination following return of the goods in our warehouse, whatever the fault, including latent defect. This excludes damages claims of any kind.

If our goods do not present any fault, but could, for one reason or another, be seen as unsuitable for the products they should be filled with, we will not be held responsible in any case, the customer

having sole responsibility for the order that we limit ourselves to honouring.

Except for particular specifications, we don't guarantee the goods sold for an end use and/or function that are not known to us.

3 – Reservation of ownership clause

3.1. PROPERTY OF GOODS

Ownership of goods, whether delivered or not, is only transferred to the buyer at the moment where full payment is effectively made, to include ancillary costs, the remittance of a draft or bill not being

accepted as payment. This clause does not constitute a departure from the above articles 1 and 2.

In accordance with law 80.335 from 12.05.80, 85.98 from 25.01.85 and 94.475 from 10.06.94, FLEXICO has the right to claim the ownership of goods which have not been paid in kind, even if they have been used and incorporated into other goods, or, if necessary, to claim ownership of goods of similar type and quality.

Since goods which are sold and not paid for remain the property of FLEXICO, the buyer must inform FLEXICO of any threat of seizure, insolvency or any measure that could put in doubt the right of ownership of the goods.

In the event of insolvency, the buyer is obliged to inform the Receiver or the official liquidator that the above clause of reserved ownership exists, and immediately to make an inventory of the goods which

have not been paid for and are still in stock.

The above clauses do not hinder, from the time of delivery, the transfer to the buyer of the risks of loss or damage to the goods as well as damage that could occur from their use.

3.2. IDENTIFICATION OF PRODUCTS

For ease of identification, our products are delivered in packaging bearing the mark 'FLEXICO'.

The buyer must keep the products that he has in stock in their original packaging.

3.3. USE OF PRODUCTS

The buyer can use the products for their normal intended use, but he cannot give them away as security or transfer their ownership as guarantee until they have been paid for in full.

Any kind of sale or use of the products is immediately forbidden in the event of the buyer becoming insolvent.

3.4. SECURITY OF PRODUCTS AND INSURANCE

The buyer guarantees the security of the products, and bears all risks and responsibilities for them from the day he receives them.

As a consequence, he should take out suitable insurance.

3.5. SALE ANNULMENT AND PAYMENT ALLOCATION

The non-observation of any of the obligations listed above, including the non-payment on any one of the agreed terms, will lead to, rightfully and without any further formality, five days after a notice has been sent by recorded delivery with no answer, the annulment of the sale, the return of the goods and the immediate suspension of deliveries.

Furthermore, in the events mentioned in the above paragraph, we will have the right, without the need for formal notice, procedure or legal intervention, to choose to cancel or annul all the transactions contracted with the buyer, being dealt with at the time or waiting to be dealt with.

Goods still within their use-by-date, and in stock with the buyer, will be perceived as unpaid and under the clause of reservation of ownership.

Deposits will belong to FLEXICO and will be charged primarily to the loss of monetary value of the

goods, then to the other accounts left unpaid by the buyer. The balance will be kept by the vendor by way of indemnity.

4 – Attribution of jurisdiction

In the absence of a contrary written agreement, BEAUVAIS (60) will be the only competent jurisdiction for all disputes, and this, notwithstanding any contrary clause, multiple defendants or warranty claim. NB: orders for standard goods from our catalogue are not subject to written confirmation on our part, except for orders giving rise to staggered deliveries.

Notes and special requests