Terms & Conditions

These terms and conditions (Terms and Conditions) shall apply to any goods and/or services that we may from time to time sell and/or supply to you. These Terms and Conditions replace and supersede any previous proposals, correspondence, understandings or other communications between us whether written or oral. In these Terms and Conditions “we” and “our” refers to The Waste Paper Company Ltd a limited liability company incorporated in England No. 5338296 with registered office address at 55 New Lydenburg Street, Charlton, London SE7 8ND, and “you” and “your” refers to the person firm or entity on whose behalf our quotation or purchase order document is acknowledged and/or signed.

1. Formation of a contract

1.1 Any contract between you and us shall be in accordance with the following conditions to the exclusion of all other terms and conditions (including any terms or conditions which you may purport to apply).
1.2 A contract is created on the earlier of (i) our written confirmation of an order or quotation acceptance; or (ii) our delivery of the goods to you. Until such time your order or acceptance of our quote shall be deemed as an offer.
1.3 These conditions are deemed to be accepted by you unless express written additions or variations are negotiated which may only be authorised with our written authority.

2. Delivery

2.1 Delivery of work to either you or any nominee of yours shall be deemed acceptance that the work has been completed.
2.2 The risk in the goods passes to you on delivery but beneficial ownership remains with us until full payment has been received.
2.3 Unless otherwise stated the price quoted is for delivery of the work to your address as set out in the estimate. A charge may be made to cover any costs involved for delivery to a different address.
2.4 Promises of delivery dates are estimates given in good faith and whilst every effort will be made to keep to dates given, we cannot accept any liability for any direct, indirect or consequential loss (all three of which terms include without limitation loss of profits, pure economic loss and similar losses) costs, damages, charges or expenses (Liability Losses).
2.5 Should work be suspended at your request or be delayed through any default by you for a period of 14 days or more we shall be entitled to payment for work already carried out.

3. Title and risk

3.1 Ownership of any goods supplied to you shall not pass to you until we have received in full all sums due in respect of those goods and any other sums owing on any other account.
3.2 Until ownership has passed you shall keep all the goods fully insured and shall not sell, dispose of or part with goods and you shall indemnify us against any loss or damage thereto howsoever arising. If payment is overdue in whole or in part we may (without prejudice to any of our other rights) recover or recall the goods or any of them and may enter upon your premises for that purpose. These conditions constitute authority by any third party to enter upon any other premises wheresoever the goods are situated for the purpose of recovering the goods or any of them. Any loss sustained by us on such resale as aforesaid shall be added to your account. If we do not enforce any of the above rights it shall not be construed as a waiver of any of our other rights hereunder.
3.3 All property supplied to us or in transit to or from us shall be deemed to be at your risk and you should insure accordingly. It is your sole responsibility to ensure that all materials supplied to us are suitable for the work in hand, we do not accept liability for unsatisfactory results caused by inferior or unsuitable originals supplied by you.

4. Price

4.1 All quoted prices are valid for 30 days from date of quotation, provided our current costs of production do not rise in which case the quotation will be subject to amendment.
4.2 Experimental work or work carried out at your request will be charged on a time and materials basis at our then current rates.
4.3 Once a final proof has been signed by you any further corrections including typing errors, alterations in style etc. shall be charged to you separately. It is your responsibility to ensure the proof is correct in every way, and we accept no liability for any errors you have not corrected.
4.4 We reserve the right to charge the amount of any taxes, including value added tax, duties or royalties etc. which are payable, whether or not included on the estimate or invoice.
4.5 Orders accepted by us shall not be cancelled by you either wholly or in part nor may you suspend deliveries thereunder without our consent in writing and subject to compliance by you with such reasonable requirements as to compensation for costs incurred by us.

5. Payment

5.1 Full payment shall be made 30 days from the date of invoice. Time for payment shall be of the essence.
5.2 In the event that any payment is not made in full by the end of the said 30th day and without prejudice to any of our other rights to pursue any other remedy compound interest at 5% per month will be payable (before as well as after judgement) on the amount outstanding.
5.3 All payments shall be made without deduction, set off or counterclaim.

6. Liability

6.1 Any query regarding the invoice or the goods supplied must be made to us in writing within 5 days of the invoice date or delivery date, whichever is the earliest. Claims outside this limit will not be entertained. We shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
6.2 Our total liability to you in contract, tort (including negligence) or otherwise shall be limited to the lesser of either the price of the contract in question or rectifying any defect. We shall not be liable to you for any Liability Losses arising out of any contract.
6.3 However, nothing in these conditions shall exclude our liability for death or personal inquiry caused by our negligence.

7. Intellectual property

7.1 All artwork and materials used in design and production, printing and campaign research including electronic files shall remain our exclusive property until such times as you have paid for them in full. We reserve the right to use any work carried out on your behalf for our own promotional purposes at any time.

8. General

8.1 You shall indemnify and keep us indemnified in respect of any claims, costs and expenses arising out of any libellous obscene or defamatory matter or any infringement of copyright, patent, design or any other proprietary or personal rights contained in any work supplied to you. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
8.2 Due to differences in paper, inks and equipment and other conditions between proofing and production it is possible for there to be a slight variation in ink colour and you agree such a variation will be acceptable.
8.3 We shall be under no liability if we are unable to carry out any provision of any contract for any reason beyond our control including (without limits to the foregoing), an Act of God, legislation, war, fire, flood, drought, failure of power supply, lockout, strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any liability to produce materials required for the performance of any contract. During the continuance of such a contingency you may give written notice to us to elect to terminate a contract and pay for work done and materials used, but subject thereto you shall otherwise accept delivery when available.
8.4 Any failure by us to enforce at any time any one or more conditions of a contract shall not be a waiver of them.
8.5 Any notice given pursuant to any contract shall be in writing and shall be sufficiently given to any party if sent in a letter by first class post addressed to that party and any notice so given shall be deemed unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post.
8.6 These conditions and all other express terms of any contract shall be governed and construed in accordance with the laws of England. The English courts shall have exclusive jurisdiction.
8.7 We may transfer your personal information to a third party if we grant you credit or reorganise our business.