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Terms and Conditions...The Corporate Carrier Company

1. DEFINITIONS

1.1. 'Buyer' means the person who buys or agrees to buy the goods from the seller
1.2. 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller
1.3. 'Delivery Date' means the date specified by the seller when the goods are to be delivered
1.4. 'Goods' means the articles which the buyer agrees to buy from the seller
1.5. 'Price' means the price for the goods excluding carriage, packing, insurance and VAT
1.6. 'Seller' means Bridgeland Copyright T/A The Corporate Carrier Company of Bridgeland House, High Street, Marden, Kent, TN12 9DS
1.7. ‘Electronic file’ means any text, illustration or other matter supplied to the seller in digitized form on disk or via electronic transfer

2. CONDITIONS APPLICABLE

2.1. These conditions shall apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions including any terms and conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document
2.2. All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions
2.3. Estimates are subject to sight of artwork and amendment
2.4. Signature by a company representative of the buyer of the Order Confirmation from the seller shall be deemed conclusive evidence of the buyer's acceptance of these conditions
2.5. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller
2.6. The buyer has had an opportunity to consider these conditions of sale and to take legal advice if so desired before agreeing to be bound by them

3. ARTWORK, PRINTING AND DESIGN

3.1. It is the buyer's responsibility to maintain a copy of any original electronic file supplied
3.2. The seller shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed
3.3. If an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action, the seller may make a charge for any resulting additional cost incurred
3.4. Proofs of all work may be submitted for the buyer's approval and the seller shall incur no liability for any errors not corrected by the buyer in proofs so submitted. Alterations by the buyer and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the seller's judgement, changes therefrom made by the buyer shall be charged extra
3.5. Preliminary work carried out, whether experimentally or otherwise, at the buyer’s request shall be charged for
3.6. The seller shall be indemnified by the buyer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, trade mark, patent, design or of any other proprietary or personal rights contained in any material printed for the buyer. The indemnity shall include (without limitation) any amounts paid, on a lawyer’s advice, in settlement of any claim that any matter is libellous or such an infringement
3.7. Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed
3.8. The seller may reject any film, disks, paper, plates or other materials supplied or specified by the buyer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged, except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the seller in ascertaining the unsuitability of the materials, then that amount shall not be charged to the buyer
3.9. Electronic data, film, plates and other materials may be destroyed after the order is executed unless written arrangements are made to the contrary

4. PRICE AND PAYMENT

4.1. The price shall be the price stipulated on the Order Confirmation form sent by the seller to the buyer prior to the date of delivery of the goods subject to:
4.1.1. Prices are subject to confirmation on sight of artwork or printing materials
4.1.2. The price is exclusive of VAT which shall be due at the ruling rate on the date of invoice
4.2. Payment of the price and VAT shall be due in default of any special terms stipulated on the Order Confirmation form 30 days from the date of the invoice unless otherwise agreed. Time for payment shall be of the essence
4.3. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% per month and shall accrue at such rate after as well as before any judgement

5. THE GOODS

5.1. Quantity variations: shortages up to 10% and surpluses up to 2.5% will be charged pro-rata for paper bags. Shortages or surpluses up to 10% will be charged pro-rata for polythene bags. Deliveries of goods within these tolerances will be considered due execution of the order except where materials are specially ordered to a buyer's specification when there may be an additional variation, the amount of which will be governed by the quantity delivered by the manufacturer of the material
5.2. Size variation: all measurements shall be allowed to vary plus or minus 5% or 5mm, whichever is the greater
5.3. Dimensions, weights and descriptions of the goods stated are approximate only and are not binding as to details
5.4. The seller will not accept the return of goods for any reason unless prior agreement has been received from the buyer in writing
5.5. Suitability of the goods for any specific purpose cannot be guaranteed by the seller
5.6. Thickness variation: plus or minus 10% of the specified thickness or gauge shall be allowed

6. WARRANTIES AND LIABILITIES

6.1. Save in so far as the law permits exclusion of liability, the seller shall be under no liability to the buyer or to any person for any injury, loss or damage of whatever nature whether the same may be caused by negligence, breach of statutory duty, breach of contract, breach of warranty or condition whether such warranties or conditions are expressed or implied or are derived from statute or common law or howsoever liability may arise
6.2. The buyer will indemnify the seller in so far as the law permits against any claim which arises from, or in connection with, the supply of goods whether such liability arises by reason of the seller's negligence or the seller's breach of contract or their breach of statutory duty howsoever any such liability may arise

7. DELIVERY OF THE GOODS

7.1. Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods
7.2. The buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery
7.3. The seller may deliver the goods by separate instalments in accordance with the agreed delivery schedule. Each separate instalment shall be invoiced and paid for in accordance with the provision in the contract of sale
7.4. The failure of the buyer to pay for any one or more of the sold instalments of the goods on the due date shall entitle the seller (at the sole option of the seller):
7.4.1. Without notice to suspend further deliveries of the goods pending payment by the buyer
and/or
7.4.2. To treat this contract as repudiated by the buyer
7.5. The buyer will be treated as having repudiated the contract if he becomes insolvent. The buyer may be treated as insolvent if it is a company which has a petition for winding up or administration presented against it or passes a resolution for winding up, a receiver of any of its assets is appointed, it convenes a meeting of its creditors, it or any of its partners becomes bankrupt, it is unable to pay its debts (defined in Ss 123 or 268 Insolvency Act 1986), or one of its creditors tries to serve on it a document purporting to be statutory. If the buyer becomes insolvent as defined above, the seller shall have the right not to proceed further with the contract or any other work for the buyer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the buyer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.
7.6. Delivery to exhibitions may be charged extra where any additional costs are incurred
7.7. Express deliveries: where express delivery is required, the additional cost will be charged
7.8. The seller cannot guarantee delivery times provided by third party courier services used and cannot be held responsible for consequential loss or costs incurred due to late delivery by any third party where every effort has been made to despatch goods in accordance with the advertised service of the haulier
7.9. Claims advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the seller within 3 working days of the agreed delivery date and any claim in respect thereof must be made in writing to the seller within 7 working days of delivery

8. ACCEPTANCE OF GOODS

8.1. The buyer shall be deemed to have accepted goods 3 working days after delivery to the buyer
8.2. After acceptance the buyer shall not be entitled to reject goods which are not in accordance with the contract
8.3. If the buyer properly rejects any of the goods which are not in accordance with the contract, the buyer shall nonetheless pay the full price for such goods unless the buyer promptly gives notice of rejection to the seller and, at the buyer's cost, returns such goods to the seller before the date when payment of the price is due

9. TITLE AND RISK

9.1. Notwithstanding that credit may have been given for the payment of the price, the buyer agrees that:
9.1.1. The goods shall remain the sole and absolute property of the seller as both legal and equitable owner until such time as the buyer shall have paid to the seller the price
9.1.2. The buyer will keep the goods insured to their full replacement value against loss or damage with some reputable insurance company and will provide the seller with evidence of such insurance upon their request
9.1.3. Until such time as the buyer becomes the owner of the goods, the buyer will be a bailee of them only and will store them on the buyer's premises separately from the buyer's own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the seller. The buyer must not amalgamate, conjoin or in any way mix the seller's goods with other goods either of the buyer or any other person. The buyer is permitted by the seller to sell the seller's goods subject to the condition that the entire proceeds thereof are held in trust for the seller and are not mingled with other monies or paid into an overdrawn bank account and shall at all times be identifiable as the seller's monies.
9.1.4. The seller may at any time, for the purpose of recovery of its goods in the event of the buyer entering into liquidation or becoming bankrupt or having a winding up order made against the buyer or having a receiver appointed in respect of the buyer's assets or for whatever reason, enter upon the premises where they are stored with or without notice and may repossess the same
9.2. The buyer's property supplied to, or held by, the seller will be solely at the buyer's risk

10. REMEDIES OF BUYER

10.1. Where the buyer rejects any goods, then the buyer shall have no further rights whatsoever in respect of the supply to the buyer of such goods or the failure by the seller to supply goods which conform to the contract of sale
10.2. Where the buyer accepts, or has deemed to have accepted, any goods then the seller shall have no liability whatever to the buyer in respect of those goods
10.3. The seller shall not be liable to the buyer for late delivery or short delivery of the goods
10.4. The seller shall be under no liability whatever to the buyer for any indirect loss and/or expense (including loss of profit) suffered by the buyer arising out of a breach by the seller of this contract
10.5. In the event of any breach of this contract by the seller, the remedies of the buyer shall be limited to damages. Under no circumstances shall the liability of the seller exceed the price of the goods

11. FORCE MAJEURE

11.1. The seller shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the buyer; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency, the buyer may by written notice to the seller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available

12. MISCELLANEOUS

12.1. The buyer may not withhold payment of any invoice or other payment due to the seller by reason of any right to set off or counterclaim which the buyer may have, or allege to have, for any reason whatsoever
12.2. The seller may cancel this contract at any time before the goods are delivered by given written notice. On giving such notice, the seller shall promptly repay the buyer any sums paid in respect of the price. The seller shall not be liable for any loss or damage whatever arising from such cancellation. No order may be cancelled by the buyer without the written consent of the seller
12.3. All headings are for ease of reference only and shall not affect the construction of this contract
12.4. Any provision in this contract which is, or may be, void or unenforceable shall be the extent of such invalidity or unenforceability




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