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Terms and Conditions of Sales

Definitions

“The Company” shall mean the seller of the goods, being whichever Group legal entity is stated on the quotation. ”The Client” shall mean the buyer of the goods. ”The Goods” shall mean any articles to be supplied by the Company to the Client under the contract. “Contract” shall mean the Contract made or to be made between the Company and the Client subject to these terms.

  1. Forward

    1. All the deliveries and provisions will be made according to these conditions and, when appropriate, to contractual terms agreed upon separately. The buyer's conditions of purchase which differ from the ones stated here shall not be considered the purpose of this contract, not even after the order acceptance.
    2. Any other ancillary agreement to these conditions or subsequent amendments shall be always done in writing. Unless otherwise specifically agreed, the contract shall come into force by the acceptance in writing of an order to Quadpack.
    3. Quadpack reserves the rights of title and industrial and intellectual property regarding samples, quotations, drawings and similar information, whether in a physical form or not (also in electronic format). No third parties shall be allowed access to such information . Quadpack only permits access to confidential third party information and documentation with written authorisation from the buyer.
  2. Conditions: The General Conditions of Sale

    1. Products: All the assets described in any kind of format, such as catalogues, Quadpack Website or similar, or which are included in an offer or quotation.
    2. Offers of Services: Options of services offered by Quadpack such as transport, technical assessment, administrative work or the like as described in any updated document published by Quadpack or available on Quadpack's website on the internet or in order confirmations.
    3. Designs and Tooling: All of the moulds, instruments, tools, designs, models, sketches, printing plates, screens, drawings or negatives (including their copyrights) provided by Quadpack shall be considered our property, unless otherwise agreed in writing between Quadpack and the Client. Without prejudice to the generality thereof, any mould, instrument or design which has not been used in more than three years shall be destroyed or otherwise eliminated at the company's discretion without generating any liability towards the Client.
  3. Scope of Application

    1. These conditions exclude the application of any other conditions, except for those specifically agreed in writing with Quadpack. Also, in case of receiving sales conditions from the Client, the ones established by Quadpack shall prevail, unless specifically agreed otherwise in writing.
    2. All the product/service orders shall be considered a formal and legal commitment for the purchase of such products /services according to the present general terms and conditions.
    3. Quadpack accepts the Client's order according to these terms and conditions. The Client shall verify all the points included in such order confirmation and contact Quadpack within three working days in case there were any inaccuracies, mistakes or discrepancies. After such period and not having received any reply from the Client, the confirmation shall be considered accepted and the manufacturing and delivery of the product shall start according to the order confirmation, which shall be considered binding.
  4. Quotations

    1. Quadpack's quotations shall be valid only if they are an official quotation document and within 30 days from the date of such a quotation, unless otherwise agreed in a different document. The Quotation is not a commitment to supply and this can only be given by order confirmation from the Company once a full technical specification is agreed and signed together with the Client’s official order.
  5. Price and Payment Terms

    1. Unless specifically agreed otherwise, prices are for Delivery Duty Paid (DDP in full - ie. delivery to a named place of destination). The applicable VAT at the time of issuing the invoice will be added to such prices.
    2. The price the Client shall pay is the one stated at the quotation, which shall be validated on the order confirmation and on Quadpack's invoice, errors and omissions excepted.
    3. When, at the Client's request, the deliveries were made under different terms or to different addresses, Quadpack may adjust the price as a result of such variations. For Countries where Quadpack does not have a legal entity the prices in this quotation will then be DAP (Delivered at named place) (DAP supersedes DAF, Delivery at Frontier).
    4. Quadpack will be able to adjust the prices as a consequence of changes in exchange rates with a +/- 5% fluctuation, tariffs, insurances, freights, acquisition costs and any other associated cost.
    5. The payment shall be made strictly in accordance with the conditions stated on the order confirmation and Quadpack may suspend the delivery of products until the receipt of the full payment. In the case that the payment is not made by the agreed due date, Quadpack will be entitled to: a) Demand the immediate payment of the outstanding amount. b) To charge the Client an interest rate of Euribor plus 4% for the outstanding amount. c) To reject any new purchase orders or even to cancel any order in the manufacturing process, without assuming any liability whatsoever. d) To retain undelivered purchase orders.
    6. In the case Quadpack should recover the amount owed due to the above-mentioned circumstances; all the costs of recovering the debt shall be paid by the Client.
  6. Delivery/ stock contract

    1. The delivery date is the date on which the goods will arrive at the place stated on the order confirmation according to the INCOTERMS therein.
    2. In the case of delayed delivery the Company’s liability shall be dependent upon the point of the delay and the applicable INCOTERMS.
      1. If the delivery date is not met due to force majeure reasons, labour conflicts or other reasons outside Quadpack's sphere of influence, the delivery date shall be reasonably extended. Quadpack shall inform the buyer as soon as possible about the delay and the moment when such circumstances of the delay have ended.
      2. If the shipping or the reception of the goods was delayed for reasons attributable to the buyer, one month after the announcement of shipping availability, the Client shall be accountable for the stocking costs or other costs related to the delay.
      3. For all other delays the Company’s liability shall be defined according to the INCOTERMS.
    3. Any loss, mistake or damage in the product or in its packaging shall be written down on the delivery note.
    4. The Client shall be responsible for inspecting all goods within 7 days of receipt and issues reported in writing within 14 days after that.
    5. Due to the possible degradation of the materials used in our packaging we cannot accept any kind of claim submitted more than one year after delivery.
    6. For practical reasons, some deliveries might be a partial shipment and in such cases the Client will be informed.
    7. The tolerance level in the delivered quantities shall be as shown below:
  7. Ownership and Risk

    1. The transfer of ownership of the products shall be produced once Quadpack has received the full payment of the price. The transfer of risk shall be related to the applicable regulations about INCOTERMS.
  8. Reserve of title

    1. Until the full payment amount is received, Quadpack reserves the title of the delivery item.
    2. Quadpack may insure the delivery item to be delivered against theft and robbery, breakage, fire, water and other damages on behalf of the buyer, unless the buyer proves to have taken out insurance of its own.
    3. The buyer shall not pledge the delivery item or transfer it as a security until they are fully paid. In the event of seizure, confiscation or similar actions by third parties, the buyer shall inform Quadpack as soon as possible, as well as informing the seizing parties about Quadpack's reserve of title.
    4. In the event of contract breaches by the buyer, especially in the case of any default in payment, Quadpack shall be entitled to recover the delivery item after sending a warning, and the buyer shall be bound to return all items in full or shall be entitled to recover the amount outstanding through external parties if required.
    5. The filing of a bankruptcy procedure entitles Quadpack to terminate the contract and to demand the immediate return of the delivery item or to recover the amount outstanding through external parties if required.
    6. The buyer is entitled to sell the delivery item to third parties in the ordinary course of trade. However, the buyer hereby transfers to Quadpack all the credit claims up to the amount of the invoice value of the goods. Quadpack undertakes not to collect the credit claims as long as the buyer meets its payment obligations regarding Quadpack . Otherwise, Quadpack, after deciding an adequate deadline, shall be able to ask the buyer to disclose the transferred credit claims and the corresponding debtors, as well as all the information need to collect the payment, to hand the corresponding documents and to inform the debtors about the transfer.
  9. Guarantee

    1. The Company’s guarantee is limited to materials and workmanship; the Client is responsible for compatibility testing and for determining suitability of use.
  10. Quality

    1. The supplied products shall be manufactured by taking into consideration the drawings, specifications and samples approved by the Client and, of course, according to Quadpack's quality rules and protocols. In the event that different quality levels were needed, Quadpack and the Client shall agree them in writing before any orders are placed.
    2. Acceptable Quality Level (AQL)

      As MIL-STD-105E is based on random sampling, a few defectives are considered acceptable. The AQL is the maximum percent defective that, for purposes of sampling inspection, can be considered satisfactory as a process average. Different AQLs may be designated for different defects such as critical, major and minor defects. Different AQL’s may be necessary for different products. The AQLs should be agreed upon between client, Quadpack and the manufacturer before the start of production. By default Quadpack works to the following AQL:

      • Critical: 0.65
      • Major: 1.50
      • Minor: 4.00
      Note: A common misconception is that these figures are percentage defect rates, they are not.

  11. Returns/ Cancellations

    1. For all returns approved by Quadpack, the products must be available as agreed by Quadpack and the Client in time and place. The costs generated by the return shall be negotiated prior to the return.
    2. In the event that the Client, for its own interest or convenience, cancelled the purchase order, the Client is bound to compensate Quadpack for the full cost and the losses that such cancellation might have generated, including the loss of revenues, as the products manufactured cannot be sold to any third parties, because they have been manufactured according to the Client's technical specifications and completely meeting its needs.
  12. Warranty, Material services and labour force.

    1. Quadpack shall replace the product in the case it is flawed, after an analysis and the approval from Quadpack's technical team, and it will not be liable for the deterioration of the product if it has not been correctly stored or handled according to the good practice identified for this kind of product.
    2. Quadpack's obligations shall depend on the Client making a good use of the product, and will not go beyond what is described in the technical specifications sheet for achieving a particular level of results. In all events, the Client shall be exclusively liable for carrying out the tests needed to obtain the product's desired compatibility and functionality with the matter or substance it shall contain, as well as to make sure it is adequate for the intended use and to fulfil the applicable regulations.
    3. Unless specifically stated in these terms and conditions, Quadpack shall not grant or assume any warranty, express or implicit, regarding the condition, quality, durability, behaviour or merchantability of the products, being such warranties hereby specifically excluded.
  13. Termination

    1. None of the parties shall be liable for breaches due to circumstances escaping their reasonable control (force majeure cases), including but not limited to: strikes, terrorist attacks, transport, supply or manufacturing issues, exchange rate fluctuations, government actions, legislative changes or natural disasters. In such or similar cases, any of the parties shall have a reasonable extension of the deadline to meet its obligations. However, should the circumstance last longer than 60 days, both parties have the right to terminate the contract with no compensation, after sending prior notice in writing.
  14. Liability

    1. From the moment the product is delivered at the premises decided by the Client (either its own premises or subcontractor's) the Client shall be liable for the products received from the Company, the public administration and any third parties. The Company’s liability is limited to the cost of replacement of the product supplied and not for any kind of consequential loss.
  15. Personal data protection

    1. All the personal data collected by Quadpack shall be treated and processed in accordance with all the applicable regulations and according to Quadpacks' privacy policy. Quadpack may share such data with other Quadpack group entities or subcontractors providing services to Quadpack with the consent of the data subject if required . In such case, Quadpack shall guarantee the adequate protection to safeguard personal data.
    2. The personal data provided by Quadpack's Clients shall be included into data files under the responsibility of Quadpack, only with the purpose of performing actions related with their corporate purpose.
  16. Confidentiality

    1. Both parties shall treat the information received from the other party and considered confidential in the same way they treat their own confidential information, and, by all means, with a minimum degree of reasonable care.
  17. Applicable laws

    Unless otherwise specified in writing, this agreement shall be governed and construed according to the laws of the place of incorporation of the seller (Quadpack). Therefore, in case of controversy the national law of the seller shall be applicable.

  18. Place of fulfilment and jurisdiction

    Unless otherwise specified in writing, any dispute, controversy or claim arising out of or related to this contract shall be settled by arbitration according to the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed according to the above-mentioned rules. The arbitration shall be made at the seller's domicile and in the English language. Regardless, the seller shall be entitled to, alternatively, present its own claims against the buyer at the courts of the seller's registered office.

  19. Miscellaneous

    The Client can find all the information regarding Quadpacks' policies, details and notices at: www.quadpack.com


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