DNC Terms and Conditions
DNC UK Ltd endeavours to ensure that the information presented on the site is both true and accurate. However, DNC UK Ltd, its agents, its employees and contributors to the site will be held neither responsible nor liable for any errors, omissions or inaccuracies occurring within its content.
Polar Gear, Optima, Novo, Clic-Tite, Flip-Seal are Trademarks of DNC UK Ltd
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Company registered in England, No 3707210.
Registered office: DNC UK Limited, The Old School, Princes Road, Weybridge, KT13 9BN
All rights, including copyright and database rights, in this website and its contents, are owned by or licensed to DNC UK Ltd, or are otherwise used by DNC UK Ltd as permitted by applicable law. In accessing our website, you undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of our website without the prior written permission of DNC UK Ltd or in accordance with the Copyright, Designs and Patents Act 1988 and any successor legislation.
The names, image and logos identifying DNC UK Ltd or third parties and their products and services are subject to copyright, design rights and trademarks of DNC UK Ltd and/or third parties. Nothing contained in these terms shall be construed as conferring by implication or otherwise any licence or right to use any trademark, patent, design right or copyright of DNC UK Ltd or any other third party.
DNC Trade Terms and Conditions
The company minimum order value is £250 to access standard Trade prices.
The company reserves the right to amend orders to standard pack quantities or multiples thereof.
FULL CONDITIONS OF TRADE
1.1 "the Company" means DNC UK Limited whose registered office is at DNC UK Limited, The Old School, Princes Road, Weybridge, KT13 9BN.
1.2 "the Buyer" means the person, firm or company to whom goods are supplied subject to these Conditions
1.3 "the Goods" means the items or goods supplied by the Company to the Buyer subject to these Conditions
1.4 "the Contract" means any agreement for the purchase of Goods by the Buyer
1,5 "the Price List" means the Price List from time to time issued by the Company
2. Existence of Contract
2.1 A binding contract shall be created by the placing of an order by the Buyer. These conditions shall apply to all contracts for the sale of goods by the Company to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order or similar document. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.2 No particulars contained in any advertising matter, catalogues or other publications supplied by the Company nor any verbal representation by any employee or agent of the Company shall form part of the Contract nor shall they be treated as constituting a representation on the part of the Company.
3. Amendments and Cancellation
3.1 No alterations or modifications to these Conditions shall be binding on the Company unless accepted in writing by a Director of the Company.
3.2 The Contract may not be cancelled by the Buyer except with the written consent of the Company.
3.3 If the buyer attempts to cancel the contract by returning the goods, the Company will make a handling charge of 20% of the invoice value of the goods returned.
4. Minimum Order and Standard Pack Quantities
4.1 Where the Buyer orders less than the minimum order quantity for any Goods stated in the Price List the Company, the Company reserves the right to decline supply.
4.2 The Company will only accept orders in standard pack quantities or multiples thereof. If orders are received that are not in standard pack quantities, the Company will amend the order to the nearest pack quantity.
Prices quoted in the Price List are exclusive of VAT and carriage and subject to variation by the Company without notice, and Goods will be invoiced at prices ruling at the date of despatch from the Company’s factories.
6. Settlement Terms
6.1 The payment of the Goods is due not later than thirty days net from the date of the invoice. The Company reserves the right to close the account or withhold further supplies of the Goods to any Buyer who fails to pay within the aforementioned period, without prejudice to any existing rights the Company may have in respect of any such unpaid invoice.
6.2 Interest on unpaid invoices will run from day to day at a rate of 2.5% per month or part month from the date when payment for the Goods became due and accrue after as well as before any judgement. The Buyer will reimburse to the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
7.1 Delivery of the Goods shall take place at the Buyer’s premises as indicated in the Buyer’s order.
7.2 Times or dates quoted by the Company for delivery of Goods are intended as estimates only and time is not of the essence of the Contract.
7.3 The Company shall not be liable in any way for any direct or indirect loss damage or expense (including loss of profits and liability to third parties) suffered or incurred by the Buyer as a consequence of any delay in delivery.
7.4 Where the Goods are delivered by installments, the Contract shall become severable and each installment shall be deemed to be the subject of a separate contract. No default or failure by the Company in respect of any one or more installments shall entitle the Buyer to treat the Contract as repudiated or to damages.
7.5 If fourteen days after notification by the Company that the Goods are ready for delivery the Buyer shall have failed to arrange to accept delivery of the Goods, the Company shall be entitled to arrange storage either at its own premises or elsewhere on the Buyer’s behalf and at the Buyer’s risk and expense. The Goods shall be invoiced on the day on which they are put into storage and such Goods shall thereupon be deemed to have been delivered.
8. Force Majeure
The Company shall not be liable for failure to deliver the Goods for any reason whatsoever outside the reasonable control of the Company including without limitation to the generality of the foregoing, industrial action, war, governmental action or regulation, act of God, riots or non-availability of stocks or materials. Any such failure shall not affect the obligation of the Buyer to pay for Goods already delivered.
9. Property and Risk
9.1 Risk in the Goods shall pass to the Buyer on delivery.
9.2 Property and ownership in the Goods shall, notwithstanding delivery of the Goods to the Buyer, not pass from the Company until (a) the Buyer shall have paid the Company in full therefore pursuant to Condition 6 and (b) no other sums are then outstanding from the Buyer to the Company on any account whatever whether or not such sums have become due for payment.
9.3 The Buyer shall, while property in the Goods remains with the Company pursuant to this Condition 9, hold the Goods on a fiduciary basis only and as bailee only for the Company. The Buyer shall store the Goods separately from its own goods or those of any other person in good condition and marked in such a way that they are clearly identifiable as the property of the Company and shall insure the Goods to their full value against "All Risks" to the reasonable satisfaction of the Company.
9.4 In the event that the Company is entitled to exercise any of its rights under Condition 12, any right of the Buyer to sell, dispose of, deal or in any way use Goods in which property remains vested in the Company shall cease forthwith. The Buyer shall immediately place any of the Goods in its possession or under its control at the disposal of the Company and the Company shall (without prejudice to any of its other rights and remedies) have the right to re-possess and use such Goods and may by itself, its servants or agents enter upon any land or building, vehicle or vessel or other place upon which such Goods are reasonably thought to be situated for the purpose of removing any such Goods.
10. Claims for Defects, Damage, Loss or Non-Delivery
10.1 The Buyer shall inspect the Goods on delivery and shall within three days thereof notify the Company and the carrier in writing of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The Buyer shall give the Company an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them.
10.2 The Buyer shall notify the Company of any non-delivery of a whole consignment of complete cartons within seven days of the date of despatch (as stated on the invoice). Notwithstanding the receipt by the Company of any such notice, a clear signature on a carrier's delivery advice sheet shall be deemed to signify receipt of the quantity of cartons indicated thereon.
10.3 If the Buyer shall fail to comply with the foregoing, the Goods shall be conclusively presumed to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods. If the Buyer establishes to the Company's reasonable satisfaction that the Goods are not in accordance with the Contract or are defective, the Buyer' sole remedy in respect thereof shall be limited, as the Company may elect, to making good any shortage, to replacing such Goods or refunding all, or part of, the Contract price against return of the Goods.
10.4 The Company's liability to the Buyer whether for any breach of the Contract or otherwise shall not in any event exceed the Contract price and the Company shall be under no liability for any consequential or indirect loss suffered, or liability to third parties incurred, by the Buyer.
10.5 Subject to the provisions of this Condition 10, all warranties and conditions whether implied by statute or otherwise are hereby excluded PROVIDED THAT nothing herein shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory rights of a Buyer dealing as consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977).
11. Default by the Buyer
If the Buyer fails to make payment for the Goods in accordance with Condition 6 or otherwise commits a breach of the Contract, or if any distress or execution shall be levied upon any of the Buyer's goods or if the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy be presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator receiver or manager shall be appointed over the whole or any part of the Buyer's business or if the Buyer shall suffer any analogous proceedings under foreign law, any sums outstanding in respect of Goods shall become payable immediately. The Company may in its absolute discretion and without prejudice to any other rights which it may have:-
11.1 suspend all future deliveries of Goods to the Buyer and/or terminate the Contract without liability upon its part; and/or
11.2 exercise any of its rights pursuant to Condition 9
12. Set-off and Counterclaim
The Buyer shall not be entitled to withhold payment of any invoice by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any other reason whatsoever.
13. Back Orders
The Company makes every effort to maintain adequate stocks of all Goods shown in the Price List. In the event of the Company being out of stock of any Goods the Company reserves the right either (a) to cancel the Contract or (b) to supply part only of the quantity of Goods ordered and to cancel the order for the remainder. (c) to supply such part of the quantity ordered that are in stock and deliver the balance of the quantity of goods in installments in accordance with clause 7.4.
Unless otherwise agreed in writing all Goods shall, if sold packaged, be sold or re-sold only in the packaging supplied by the Company and in no case may any trade mark other than those applied by the Company be marked on or applied in relation to the Goods.
15. Law and Jurisdiction
These Conditions and Contract shall be governed in all respects by the laws of England and any dispute hereunder shall be subject to the exclusive jurisdiction of the English Courts.
Any notices required to be served pursuant to these Conditions shall be in writing and served by first class post or by hand on the Company at The Old School, Princes Road, Weybridge, Surrey, KT13 9BN or such other address as the Company may from time to time notify to the Buyer and on the Buyer at the address from which the Goods were ordered or if the Buyer is a company at the option of the Company at the Buyer's registered office. A properly addressed notice sent by first class post shall be deemed to have been received two days after the date of its dispatch.
Any provision or term of these Conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision hereof.
No waiver or forbearance by the Company, whether express or implied, in enforcing any of its rights hereunder shall prejudice its right to do so in the future.
The Buyer may not assign, subcontract or in any way dispose of its rights or obligations under the Contract without the prior written consent of the Company.