Terms & Conditions
General Conditions of Sale
The following Conditions of Sale shall apply to all sales of goods by the Seller and shall override any Buyer’s conditions of purchase unless otherwise agreed in writing by the Seller.
No order shall be binding unless confirmed by the Seller on its Acknowledgement of Order form. All quotations are subject to amendment or withdrawal and are submitted subject to these Conditions. The Seller shall not be bound to accept any order submitted as a result of any quotation.
(a) The mode of transport shall be at the Sellers discretion.
(b) The Seller will use all reasonable endeavours to deliver goods within a reasonable period of the quoted delivery dates but dates given for shipment or delivery are estimates and the Seller shall have no liability in respect of any failure to deliver by any such estimated date.
(c) If the Buyer does not accept delivery of any order on or after the estimated delivery date, the Buyer shall indemnify the Seller against any cost thereby incurred by the Seller unless the Buyer has given prior written notice to the Seller of the Buyer’s inability to accept delivery.
The Seller shall not be liable to the Buyer in damages or otherwise in respect of anything which, apart from this provision, would constitute a breach of this contract and which arises by reason of circumstances beyond the control of the Seller including (but not limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, lock outs, strikes, riots, civil commotion, malicious damage, labour disputes of whatever nature or for whatever cause arising, government action (including action of any local or statutory authority), breakdown of machinery, shortage or breakdown of supplies or materials or any other event whatsoever beyond the Seller’s control.
(a) The risk in the goods shall pass to the Buyer at the place of delivery named in the contract and at the time when the goods are placed on the tailboard or other normal unloading point of the delivery vehicle.
(b) Where goods are collected by or on behalf of the Buyer or its agents from the Sellers or its agents premise, the risk shall pass to the buyer at the time the goods are handed over to the Buyer or its agents.
(a) Ownership of any goods shall remain with the Seller until payment in full for all the goods and any other goods supplied by the Seller to the Buyer has been received by the Seller or until such time as the Buyer sells such goods in accordance with paragraph 5(c) below.
(b)While ownership remains with the Seller the Buyer shall keep the goods for the Seller in a fiduciary capacity and shall store the goods separately and in such a way that they can be readily recognised as the property of the Seller.
(c) Subject to (a) and (f) below the Buyer shall be at liberty to sell the goods (as principal and not as agent for the Seller) in the ordinary course of business and at full market value on the basis that the proceeds of sale and any rights under such contract of re-sale shall be the property of, and shall be held on trust by the Buyer, for the Seller to whom the Buyer shall account on demand.
(d) If at any time the Buyer is in default for longer than seven days in the payment of any sum due to the Seller in respect of the goods or if the Seller has bona fide doubts as to the Buyer’s solvency then the Seller may by notice in writing to the Buyer revoke the Buyer’s power of sale.
(e) The Buyer’s power of sale shall automatically cease if a receiver is appointed over the whole or any part of its undertaking property or assets or if it causes a meeting of or makes or offers to make any arrangement or compensation with its creditors or commits any act of bankruptcy or being a limited company it shall have an administration note made against it or enter into voluntary or compulsory liquidation or take any step preliminary thereto.
(f) Upon determination of the Buyer’s power of sale the customer shall not deal with the goods in any manner and shall immediately place the goods at the disposal of the Seller who shall be entitled to enter upon any premises of the Buyer for the purpose of removing them and to remove such goods from the premises.
(a) The Seller shall have no liability in respect of any claim for short delivery or defective goods unless written notice giving full details of the claim has been received by the Seller within 4 days after the delivery and in any event before any of the goods are used in any manner unless in the case of defective goods, the defect can be discovered only by a full examination, by testing or by normal running of the goods on a machine and at least 90% of the delivery of the goods claimed to be defective remains unharmed and identifiable.
(b) The Seller shall have no liability for any damage in transit apparent from a visual inspection unless the CMR note is endorsed and signed at the moment of delivery and written notice giving full particulars of the claim has been received by the Seller within three working days after delivery.
The Seller’s liability arising in connection with the sale of goods to the customer shall be limited to:
(a) the price of the goods in question,
(b) any liability which the Seller may have for death or personal injury resulting from the Seller’s negligence,
(c) any liability for breach of the Seller’s implied warranty as to title, and
(d) if any goods comprise or contain goods purchased by the Seller from a third party which prove to be defective, a sum in respect of such defective element not greater than the amount received by the Seller in settlement of the liability of such third party to the Seller in respect of such defect.
Unless stipulated otherwise in the contract:
(a) If the Seller’s list price for the goods shall be increased (whether or not notified to the Buyer) before the date of despatch of the goods or part thereof, the list prices for such goods applying at the date of dispatch (unless otherwise agreed by the Seller in writing) shall apply.
(b) All duties, taxes (including Value Added tax) and charges including any increase up to the date of despatch shall be for the Buyer’s account.
(c) Special packaging shall be chargeable to the Buyer.
Unless stipulated otherwise in the contract, all accounts are payable by sight draft 30 days from the date of invoice. If the price is not paid in full on the due date, interest may be charged at the Seller's discretion on the outstanding amount at the Statutory Rate in force at such due date.
The Seller shall be entitled (without prejudice to such other rights as shall have accrued to the Seller) by notice in writing to the Buyer either to terminate any contract between itself and the Buyer or to suspend delivery of either:
(a) Any sum owing to the Seller by the Buyer is not paid in the ordinary course, whether by the same or any other contractor,
(b)The Buyer is in breach of any term of the same or any other contract with the Seller’s or
(c) The Buyer enters into any composition or arrangement with or for the benefit of his creditors becomes bankrupt, has a Receiving Order in Bankruptcy made against him or (if a corporate body) has a receiver or administrative receiver or administrator appointed or goes into liquidation.
All contracts between the Seller and the Buyer shall be construed and have effect in all respects in accordance with the law of England and the Seller and the Buyer shall submit to the jurisdiction of the English Courts.
Futher general information for web users
The terms and conditions referred to on this page apply to all users of our website. The option to generate a purchase order for goods applies to UK only schools, education authorities, local authorities and resellers. Our website (www.ghpkendal.co.uk) and purchasing facility is not intended for use by the general public for retail sales and we would redirect all retails sales customers to our retail site The Paper Warehouse (www.mypaperwarehouse.co.uk).
It has always been The Paper Warehouse's policy to treat our customers in exactly in the way we like to be treated ourselves. We are providing this information as guidance to you in order that you may be better informed about the way we interact with the information you provide, and how we action your purchase order(s).
Data & Privacy
We undertake to supply you with the goods described in these Web Pages or in our brochure by any date you might reasonably request knowing that our products may have to be ordered, processed, and delivered. If you have an urgent order it is always advisable to discuss your requirement on the telephone 01539 726161. Many of our products are nearly always available for immediate despatch, those which require sourcing may not. Unless we have specifically agreed otherwise, delivery will be as soon as possible, and usually within 10 working days.
We will only contact you in connection with your instructions and keep you well informed should we have any difficulties providing you with the specific goods ordered, to be delivered by your date specified. This will generally take the form of telephone communication, however we may alternatively email you.
We monitor the performance of our carriers continuously. Whereas we have so rarely had a complaint about the quality of our goods, there have been a very small number of occasions when due to circumstances entirely beyond our control our goods have not arrived by the requested time. As soon as we have learned of this we have always offered immediate despatch of a replacement order - providing the selected goods are available for despatch.
As our valued customer, we strive to ensure that the range of products we offer are of the highest quality, and that good arrive to your delivery address is perfect condition. However, on very rare occasions, some items may arrive damaged or incomplete and in these circumstances we will replace the items immediately if in stock or as soon as is practical if they require sourcing. Please contact our Customer Service department if this situation arises (01539 726161).
Payment must be made at the time of purchase using the payments options available e.g Paypal, Credit or Debit Card through our preferred payment gateway.
The My Paper Warehouse website shows prices for goods, delivery charges, and administration charges (where applicable) with value added tax applied. Your invoice will clearly show our V.A.T. number in order for you to process V.A.T.
Although rare, clearly we take any complaint very seriously and would expect to contact you almost by return - but during busy periods this might lead to a delay of 24 hours. Please contact our Customer Service department to resolve any issues you may have (01539 726161 or firstname.lastname@example.org). We don't have a format complaints procedure as we prefer to treat each of our customers as an indvidual and give personal attention when such matters arise.
Law and Jurisdiction
Any contract for your purchase from The Paper Warehouse is governed by and has to be interpreted under the Law of England, and you agree that such contract will be subject to the non-exclusive jurisdiction of the English courts.
We enjoy an excellent working relationship with our customers and aim for the highest levels of product quality and customer service. If there is anything we can do to assist you with your purchases or if you would like to offer us any feedback we will be pleased to hear from you. Please contact our Customer Services department on 01539 726161, or email email@example.com