Terms and Conditions of Sale

"Buyer" means the person ordering goods or services from the Company.

"Company" or "SFL" means Silver Fox Labeling Limited, Swallow Court, Swallowfields, Welwyn Garden City, Hertfordshire, AL7 1SA.

"Goods" means the products which the Company is to supply subject to these terms including any part or parts of them and includes all SF Goods and Non-SF Goods supplied as part of any order.

"Non-SF Goods" means products manufactured by a business other than Silver Fox Limited.

"SF" means Silver Fox Limited.

"SF Goods" means products manufactured by Silver Fox Limited.

"working days" means a day, other than a Saturday, Sunday or public holiday in England.

Telephone, email and postal orders: an order placed by telephone, email or post shall only be deemed to be accepted when the Company sends an order confirmation (or, if no order confirmation is sent, when the Company starts preparing the Goods for dispatch), at which point a contract shall come into existence on these terms.

Website orders: if an order is placed via the Company's website, the Company will send an automatic order acknowledgement. However, this does not mean that the order has been accepted. The order will only be deemed accepted when the Company starts preparing to dispatch the Goods at which point a contract shall come into existence on these terms.

These terms shall apply to the contract to the exclusion of any other terms that the Buyer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Company's Privacy Policy and Cookies Policy (as published on the Company's website from time to time) also apply in respect of all orders (and inquiries) placed via the Company's website.

No waiver, alteration or modification of these terms shall be binding unless in writing expressly incorporated and signed by a Director or the Secretary of the Company. No failure or delay by the Company to exercise any right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

The Company's employees and agents are not authorised to make any representation concerning the Goods unless confirmed by the Company in writing by the Head of Sales or Head of Research and Development. The Buyer hereby waives any rights in breach of any representations not in writing.

The use and application of the Goods is entirely at the Buyer's risk. It is the responsibility of the Buyer to satisfy itself that the Goods are suitable for the Buyer's intended purpose.

The Company reserves the right at all times to alter unit quantities of any Goods and to supply Goods in multiples of unit quantity at its discretion and to invoice accordingly.

The price of Goods shall be the price quoted or, where no price is quoted, the Company's normal selling price of the Goods at the date the order is deemed accepted under clause 1.2 or 1.3.

The Company's website contains a large number of products. It is always possible that, despite the Company's reasonable efforts, some of the products on the website may be incorrectly priced. If the Company discovers an error in the price of Goods that have been ordered via the website, the Company will contact the Buyer to inform them of this error and give the Buyer the option of continuing to purchase the Goods at the correct price or cancelling the order.

At any time prior to delivery the Company may give notice to the Buyer of an increase in price of the Goods to reflect any increase in cost of the Goods to the Company due to any factor beyond the control of the Company.

If, after the date of an order and before delivery of the order, there is an increase in the price of the Goods, then this increase in price shall be charged to and paid by the Buyer.

Quotations are subject to acceptance within 30 days from the date of quotation and may be withdrawn at any time, whether or not an order has been placed.

The Company is under no obligation to supply the Buyer with price lists.

Except as otherwise stated herein or set out in the order confirmation, all prices are quoted Ex Works (as defined in the Incoterms) from the Company's premises. The price excludes the charges for transport and insurance which will be additionally payable by the Buyer unless the Buyer has arranged for the Goods to be collected (by themselves or their courier) from the Company's premises. If the Buyer is purchasing Goods to be shipped outside the UK, they will be supplied Free Carrier FCA (as defined in the Incoterms) from the Company's premises unless agreed otherwise by the Company and stated in the order confirmation.

All prices are exclusive of V.A.T and any other applicable purchase tax or import duties which shall be payable by the Buyer in addition to the price of the Goods if applicable.

If any provision of these terms is held by any competent tribunal or arbitrator to be invalid or unenforceable in the whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected.

The Company may invoice the Buyer at any time on or after the dispatch of the Goods and the Buyer shall pay the price stated on the invoice plus any VAT (if applicable). Dependent on the value of the order, credit may (at the Company's sole discretion) be given up to 30 days from date of invoice, subject to satisfactory (i) credit application (ii) trade references and/ or credit reports. The Company reserves the absolute right to close an account due to poor payment record or account becoming dormant. The Company may issue monthly statements of account (but is not obliged to do so).

If Goods are ordered via the Company's website, the Buyer may be required to make payment in full at the time the order is placed. If the Company is unable for any reason to supply Goods ordered:

a) the Company will inform the Buyer and will not process the order; and

b) if the Buyer has already paid for the Goods, the Company will refund the full amount paid (including any delivery costs charged) as soon as possible.

If the Goods are to be collected by the Buyer or if the Buyer wrongfully fails to take delivery of the Goods, the Company shall be entitled to invoice the Buyer for the price at any time after the Company has notified the Buyer that the Goods are ready for collection or (as the case may be) the Company has tendered delivery of the Goods.

The Company will not enter into any correspondence relating to disputes arising from any invoice or monthly statement (where provided) unless such disputes are submitted in writing to the Finance Manager AND Head of Sales of the Company within 10 working days of the date of the disputed invoice or monthly statement.

The Company reserves the right to suspend deliveries and to revoke any other trading benefits for non-compliance with payment terms.

The Company reserves the right to impose a late payment charge on invoices not settled within the period stated in clause 3.1 at the rate of 3% of the invoice total per month or part thereof and may compound such interest charges on a monthly basis.

Title to the Goods shall not pass to the Buyer until it makes full payment for the Goods or resells the Goods, whichever is the earlier.

Until title passes, the Buyer will not interfere with or remove any packaging or identification marks or batch numbers which identify the Goods as the Company's property and the Buyer shall store Goods separately or label them so that they can be identified as belonging to the Company. The Company has the right to enter any premises where the Goods are stored to verify this.

If, before title passes, the Buyer becomes insolvent, is declared bankrupt or makes any proposal to his creditors for any composition or voluntary arrangement or, if the Buyer is a company, an administrator, supervisor, administrative receiver or liquidator is appointed in respect of its business, or an event with equivalent effect occurs in any jurisdiction to which the Buyer is subject, the Buyer's right to use or resell the Goods shall terminate and the Company has the right to enter any premises where the Goods are to recover them and may, if necessary, detach or remove the Goods or any part of them from anything to which they may be attached.

Delivery dates are approximate and time for delivery shall not be of the essence. The Company shall not be liable for any loss, penalties or damage, direct or indirect, occasioned by delayed delivery and in no case shall delay be a ground for rejecting Goods.

All offers of Goods from stock are subject to Goods remaining unsold at the time of receipt of order.

The Company may deliver any order for Goods by instalments and invoice for each delivery separately. Each delivered instalment of Goods shall be subject to these terms. Any delay or failure to deliver any instalment shall not entitle the Buyer to terminate the remainder of an order.

The Buyer must notify the Company of any non-delivery or delivery of an incorrect quantity of Goods within 10 working days of the date of/expected date of delivery. If the Buyer fails to do this, it shall not be entitled to a credit in respect of such non-delivery or delivery of an incorrect quantity.

If the Company fails to deliver the Goods for any reason, the Company's liability to the Buyer shall be limited to the cost of the Goods not delivered.

If the Buyer fails to call for or take delivery of the Goods the Company may store the Goods until actual delivery for the reasonable cost of storage or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the contract price or charge the Buyer for any shortfall below that price.

Risk of damage to and loss of the Goods will pass to the Buyer when the Goods are loaded onto the delivery vehicle or collected by courier from the Company's premises.

In the event that the Buyer mistakenly orders or the Company supplies the wrong Goods, the Goods may, subject to clause 6.2, be returned and replaced as follows:

a) the Buyer must advise the Company of the error within 3 working days of receipt of the Goods and, in the case of mistakenly ordered goods, obtain the prior written agreement of the Head of Sales of the Company to exchange the Goods;

b) the Buyer must return the Goods properly and securely packaged in their original state, condition and packaging to the Company by pre-paid carrier service or otherwise as the Company directs within 10 working days of the date of delivery;

c) if the Goods were incorrectly ordered, the Buyer must pay the costs of delivery (of the original and any replacement Goods), of return, a re-stocking charge (of 50% of the price of the Goods) and any price difference between the original and any replacement Goods;

d) if the Goods were mistakenly supplied, the Company will pay the costs of return (if the Company has notified the Buyer that Goods must be returned and provided such costs do not exceed the original cost of delivery of the Goods) and the Company will pay the delivery costs of the replacement Goods.

The Buyer may not cancel a mistaken order for: (i) Goods which have to be manufactured or made up specially (whether in the Company's sales literature or otherwise); (ii) Goods which are not the Company's current stock: or (iii) Non-SF Goods.

To the extent that Goods consist of SF Goods, clauses 7.2-7.7 apply.

The manufacturer of SF Goods undertakes reasonable product testing (for details see Product Testing Datasheets). However, if any defect or failure occurs then the following clause sets out the only remedies available to the Buyer.

The Company warrants that, on delivery and for a period of 12 months from the invoice date or 6 months after installation, whichever period is shortest, the SF Goods will be of satisfactory quality. The Buyer agrees to inspect all SF Goods on delivery and notify the Company of any obvious defects within 10 working days of delivery. Any defect which is only discovered at a later date must be notified (i) within the stated warranty period and (ii) within 10 working days of discovery.

The Company's liability in respect of any defect in or failure of any SF Goods is limited to the supply of replacement SF Goods or the repair of defective SF Goods provided that:

a) the Buyer (or their customer) has used the SF Goods for a purpose for which they can reasonably be expected to be used, given the nature and any description of the SF Goods;

b) the SF Goods are returned to the Company (accompanied by a goods return note) and such return must have been authorised in advance by the Head of Sales or Head of Research and Development of the Company in writing; and

c) the defects must arise out of faulty design or the use of faulty materials or bad workmanship on the part of the manufacturer.

The provisions of clauses 7.3-7.4 shall apply to any repaired or replacement SF Goods.

Where the SF Goods are labels to be printed by the Buyer (or their customer), the warranty in clause 7.3 only applies if the Buyer (or their customer) uses: (i) for thermal labels, the printer and ribbon recommended and supplied by the Company; and (ii) for all other labels, a printer in good order together with a toner cartridge supplied by the printer manufacturer. The Company accepts no liability for defects or failure in labels printed by the Buyer (or their customer) other than in accordance with these requirements.

Where the SF Goods are labels which the Buyer requests are printed/produced by the Company prior to supply, the Company's sole responsibility in relation to such printing/production shall be to print/produce the details as requested. Such printing/production shall not imply any additional warranties other than set out in clause 7.3, nor create any inference that the labels will be suitable for the Buyer's (or their customer's) intended purpose.

To the extent that Goods consist of Non-SF Goods, this clause 7.8 applies and such Non-SF Goods will be supplied subject to the manufacturer's or distributor's or supplier's warranties (as appropriate). These warranties extend only to repair or supply of replacement, at the option of the manufacturer or distributor or supplier (as appropriate), of warranted Non-SF Goods which are returned, carriage prepaid to the Company by the Buyer and which have been determined by the Company or the manufacturer or distributor or supplier (as appropriate) to be defective.

The warranties in this clause 7 do not apply to any Goods which have been repaired, altered or subjected to misuse, neglect or accident by the Buyer (or their customer).

The Company shall have no liability to the Buyer in respect of Goods which do not conform with their specification solely due to changes which do not materially affect the quality or performance of the Goods (based on testing undertaken by the Company or SF).

If the Buyer (or their customer) is aware that Goods are in any way defective and, notwithstanding, accepts them, the Company shall have no liability.

All other warranties and conditions, whether express or implied, statutory or otherwise as to quality or fitness of the Goods for any purpose are hereby excluded.

The Company cannot be held responsible for errors in drawings, information, artwork or samples after they have been approved by the Buyer (or their customer).

The Company shall not in any circumstances whatsoever or howsoever arising be liable to the Buyer for any loss of profits, loss of business, loss of contracts, loss of use or indirect or consequential loss arising out of any defect in the Goods supplied by the Company.

The Company does not make any representations or warranties regarding the suitability of any product for particular or specific uses and accepts no liability whatsoever in relation thereto. Any descriptions, statements or representations made by the Company, its agents, re-sellers, distributors or representatives either verbally or in writing in relation to the Goods are made for the sole purpose of giving a general guide as to the use of the Goods. They shall not form part of the contract nor have any contractual force. Where the Buyer acts as a re-seller, agent, distributor or sales representative of the Company, the Buyer may not make any warranties or representations to purchasers in relation to the Goods on the Company's behalf beyond the warranties set out in clause 7 of these terms.

The Buyer acknowledges that whether the Goods have or have not been developed to meet its individual requirements, the use and type of application required of the Goods is entirely at the Buyer's risk. It is the sole responsibility of the Buyer to carry out any necessary tests or due diligence to satisfy itself that the Goods are suitable for the Buyer's (or their customer's) intended purpose.

Nothing in these terms shall limit or exclude the Company's liability for (a) death or personal injury caused by its negligence or (b) fraud or fraudulent misrepresentation.

The Buyer shall hold the Company and its suppliers harmless against any loss, damage or expense resulting from infringement of patents or trademarks arising from compliance by the Company with the Buyer's design, specifications or instructions.

The Buyer may not (and shall ensure that their customer does not) alter or remove any references to any names, trademarks or branding featured on the Goods or rebrand any Goods supplied by the Company without express written permission from a director of the Company.

The Company shall be relieved of all liability whatsoever and to the extent to which fulfilment of its obligations is prevented, frustrated or impeded as a consequence of conforming to any statute, or any rule, regulation, order or requisition made thereunder, or by any cause beyond its control.

The Company cannot accept any liability whatsoever for any misuse of Goods. For these purposes "Misuse" shall include but without limitation the handling of Goods by persons not suitably trained or skilled or qualified or in a manner which is contrary to best practice in the relevant industry.

These terms shall be interpreted in accordance with English Law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.

The General Data Protection Regulations gives you certain rights including a right to request a copy of your Information and to have inaccurate Information corrected.

If you have any comments, questions or requests please email sales@silverfoxlabeling.com. For more information on data protection legislation and related matters please visit the Information Commissioner's website at www.ico.org.uk.

We may contact you regarding our products and services from time to time on the basis of legitimate Interest. You have the right to opt out of these communications, if you would like to do this please send an email to optout@silverfoxlabeling.com.