Terms and Conditions
These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with Total Packaging & Hygiene Limited (Our, Us, We, or “Total”) by you (You or Customer) constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Total (including an order) are hereby objected to and will not bind Total unless Total agrees in writing. No sales person, representative or agent is authorised by Total to give any guarantee, warranty or representation in addition to, or contrary to these terms. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
1. Sales and Purchase
1.1 Your placement of an order with us (Order) constitutes an offer by you to purchase goods from us on these terms. The Order is placed when it is submitted to us.
1.2 The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or displaying a confirmation on our website. Delivery of goods constitutes notice of our acceptance of the order.
1.3 If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
2. Price and price variation
2.1 Prices quoted are excluding GST unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of order. We may change our prices from time to time without notice. Prices do not include any delivery fees. We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order.
2.2 Total shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to Total of carrying out the whole or any part of the contract arising from any of the following:
(a) delays in delivery or installation of the goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer’s failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond Total’s control;
(b) variation in the cost of Total acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
(c) variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(d) any correction of errors or omissions on the part of Total or any of its representatives.
3. Payment
3.1 Total reserves the right to suspend delivery of further goods if the terms of payment are not strictly adhered to by the Customer.
3.2 Interest may be charged on overdue accounts at a rate of 2.5% over bank rate.
3.3 Any expenses, costs or disbursements incurred by Total in recovering any outstanding monies including debt collection agency fees or solicitor’s costs shall be paid by the Customer.
3.4 You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
3.5 Products displayed on this website can be purchased using secure online Mastercard, Visa, Diners Club and American Express transaction facility. Customers can be confident that all of their details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfilment.
3.6 You will be asked to register as an account holder with Total Packaging & Hygiene Limited. Apart from the many account holder benefits, including receiving emails containing special deals, your shopping address details will be filed saving you the effort of entering these details each time you checkout. If you do not want to register as a member you will still be able to make a purchase. Your personal details and postal address will not be saved and you will not receive promotional communications.
3.7 The name that will appear on your statement after purchase will be Total Packaging & Hygiene Limited.
4. Delivery
4.1 Total shall deliver the goods to the address stated on the order or as agreed by Total in writing.
4.2 Total shall deliver the goods by such carrier and such form of transport Total consider to be appropriate.
4.3 The Customer agrees to inform Total within 14 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with Total for proof of delivery.
4.4 Total will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Total’s control. Total shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
6. Intellectual Property
6.1 Where Total has followed a design or instruction furnished by or given by the Customer, the Customer shall indemnify Total against all damages, penalties, costs and expenses of Total or in respect of which Total may become liable through any work required to be done in accordance with these instructions involving an infringement of a patent, trademark, registered design or common law right.
6.2 Should Total be required to match any shade or colour, a light and dark tolerance shall be allowed to such an extent as shall be agreed by Total and the Customer at the time the standard colour is specified and in the absence of any agreement a reasonable tolerance shall be allowed.
6.3 Where the Customer supplies a mould, die, tool, printing plate or any other item used in the manufacturing process the Customer shall reimburse Total for all maintenance expenses. Total shall not be liable for any loss or damage to moulds, dies, tools or materials supplied by the Customer to Total for the purposes of fulfilling any contract.
6.4 Printing plates, stereos, film, artwork and all other equipment for specific use in the manufacture of the goods (other than those supplied by the Customer) remain the property of Total unless the cost thereof (including all development and costs relating thereto) shall have been fully recovered by Total from the Customer in the costing of the goods already paid for by the Customer.
6.5 All information prepared by Total including, without limitation, customised pricing, proposals, reporting, electronic catalogues, website content, and details of improvements and cost reductions, is the intellectual property of Total and cannot be copied, altered or distributed without Total’s prior written consent. Total will not be liable for any alterations made by you.
7. Return of Goods
7.1 Subject to clause 10.1, Total will not accept the return of goods for credit or any other purpose unless Total agrees to accept the return of the goods and advise the Customer a return advice number prior to the return of goods. Return of goods will only be accepted for credit within 14 days of delivery, unless due to Total’s error. Total reserves the right to charge for returned goods, excepting for when there has been an error on Total’s part.
7.2 No returned goods shall be accepted by Total (even if Total agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to in clause 7.1. Where goods are returned to Total but not accepted as above, they shall be returned to you at your expense.
7.3 Receipt by Total or by any of our agents or representatives of any goods returned other than in accordance with clauses 7.1 and 7.2 shall not constitute nor be deemed to constitute Total’s acceptance of the return of the goods for credit or any other purpose.
8. Risk
8.1 Risk in the goods shall pass to you at the time when our obligations under the contract are deemed under clause 4 to be completed.
9. PPSA Security Interest
9.1 The Customer grants to Total a Security Interest in the goods and their Proceeds to secure the obligation of the Customer to pay the purchase price of the goods and any other obligations of the Customer to Total under this contract (together “the Indebtedness”) and, where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the security interest shall also extend to all the Customers present and after acquired office equipment, supplies and stationery, of which the goods form part, to the extent required to secure the Indebtedness.
9.2 As and when required by Total the Customer shall, at its own expense, provide all reasonable assistance and relevant information to enable Total to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce Total’s Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 (“PPSA”). Customer hereby waives its right under section 148 of the PPSA to receive a copy of any Verification Statement.
9.3 The Customer shall not change its name without first notifying Total of the new name not less than 7 days before the change takes effect.
9.5 Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by the Customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by Total in respect of each unpaid invoice/order on a pro rata basis PROVIDED THAT where Total applies payments in this manner it shall not charge interest on overdue balances that would have been cleared if the payments were not allocated pro rata.
9.6 Until the Customer has paid all money owing to Total the Customer shall at all times ensure that:
(a) the goods supplied by Total, while in the Customer’s possession, can be readily identified and distinguished; and/or
(b) all Proceeds (in whatever form) that the Customer receives from the sale of any of the goods are readily Identifiable and Traceable.
9.7 Where the goods are purchased by the Customer as stock in trade for sale or lease in the ordinary course of the Customer’s business, nothing in this clause shall prevent the Customer from selling or leasing and delivering the goods in the ordinary course of the Customer’s business. Otherwise, until the Customer has paid all money owing to Total, the Customer shall not sell or grant a Security Interest in the goods without Total’s written consent.
9.8 The parties agree to contract-out of the PPSA in accordance with Section 107 of the PPSA to the extent that Section 107 applies for the benefit of, and does not impose a burden on, Total. The Customer waives its right to receive a Verification Statement in respect of any Financing Statement or Financing Change Statement registered by or on behalf of Total in respect of the Security Interest created by these terms and conditions of trade.
9.9 For the purpose of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of, the PPSA.
10. Guarantees
Money-Back Guarantee
10.1 Total offers a money-back guarantee on most products purchased from our catalogue and returned within 14 days of delivery in the original condition and packaging. This money-back guarantee excludes food, beverage & first aid products, furniture, goods expressly sold on a non-return basis and non-standard products sourced specifically for you. Delivery charges will not be refunded and in some instances you may be charged for collection.
Defective / non-conforming goods
10.2 Subject to the money-back guarantee in clause 10.1, where the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
(a) if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Total will repair or replace those goods;
(b) without excluding Total’s obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that Total does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Total in writing;
(c) if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply;
(d) if the Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer’s contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods; and
(e) if the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Total’s prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Total requires, and the Customer agrees to indemnify Total against any liability or cost incurred by Total under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.
10.3 Subject to the money-back guarantee in clause 10.1, the following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) defective goods or goods which do not comply with the contract may at Total’s discretion be repaired or replaced, or the price refunded.
(b) any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
(i) the Customer notifies Total in writing within fourteen days following delivery and Total is given the opportunity to inspect the goods; and
(ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
(c) Total will not repair or replace, or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
(d) Total accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
(i) any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
(ii) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Total in writing; or
(iii) any services forming part of the supply of the goods which have been performed by any third party;
and the Customer agrees to indemnify Total against any such claim.
(e) in any event, Total’s liability under any claim shall not exceed the price of the goods.
10.4 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
11. Customer’s Liability & Default
11.1 If the Customer shall:
(a) fail to make any payment due under the contract or commit any other breach of any of the Customer’s obligations under the contract; or
(b) suffer execution under any judgment; or
(c) commit an act of bankruptcy; or
(d) make any composition or arrangement with any creditor; or
(e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
Total (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right Total may otherwise possess.
12. Variations to Terms and Conditions of Trade
12.1 Total may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT Total shall not make any variation to the nature or extent of the Security Interest granted by the Customer in clause 9.1 without the written agreement of the Customer.