1.1.All orders imply the full acceptation by the Customer of all the General terms and conditions of Sales, whatever are the general conditions of purchase from the Customer, which are not opposable at the Consumeo Limited, whenever they are communicated before or after order. If any of this clauses was void or cancelled, the other clauses of this General terms will still be valid. The fact that the Consumeo Limited doesn’t use at one specific moment any of these clauses cannot be interpreted as a renunciation to any of this clause.
1.2.Any changes from these General Terms and Conditions are only binding upon Consumeo Limited when he has explicitly consented to them in writing.
1.3.Brochures, illustrations, price lists and similar advertising material are not binding with regard to the information they contain or to the details of performance. They do not on their own constitute an offer or the basis for an order confirmation or contract that may be concluded.
1.4.Any declarations made by telephone or verbally will not be binding on Consumeo Limited unless confirmed in writing.
1.5.Customer understands the goods are manually made packaging ie each piece can vary within industry norms in size, colour, shape …etc.
1.6.The goods are consumable packaging good. Consumeo Limited offers not warranty on such products.
1.7.If for any reason the Customer cancels an order or a delivery;the ordered and already produced quantities will be paid immediately and in full to Consumeo Limited + the destruction cost.
2.1.Agreed delivery dates are only valid if Consumeo Limited explicitly confirms them. Delivery dates are only approximate dates unless explicitly confirmed in writing. The delivery period begins on the date that Consumeo Limited receives the final acceptance or approval for printing and production from the Customer and payment is confirmed and guaranteed. This acceptance is irrevocable.
2.2.If the Customer requests modifications following order confirmation that have an influence on the period of production, a new delivery period will begin with the confirmation of the modifications. Consumeo Limited will not be responsible if delivery period is exceeded unless the delay is caused by circumstances for which Consumeo Limited is solely responsible.
2.3.If a delivery term is agreed based on a certain period, it will begin on the day Consumeo Limited receives the final acceptance and approval of the printing together with the secured payment from the Customer and end on the day the goods are delivered (following the Incoterms chosen).
2.4.Time of delivery will be reasonably extended in case of intervening circumstances caused by force majeure. This includes strike, lock-out and all other cases of force majeure.
2.5.The delivery terms will be explicitly and clearly announced, following the last Incoterms in effect (Incoterms 2010). All our Incoterms never include any value added tax (VAT) even when not mentioned.
3.1.Price and terms indicated in our quotes only become binding when Consumeo Limited confirms the order by signing and stamping the order confirmation.
3.2.Payment should be effected through the condition indicated in the Order Confirmation or the Purchase Order. In case of conflict between the Purchase order provided by the customer and the Order Confirmation prepared by Consumeo Limited, the Order Confirmation will always prevail.
3.3.In case of delay of payment further than the due date;or any other payment errors (such as wrong currencies), we reserve the right to charge interest amount twice the EURIBOR interest rate. Costs of collection or warehousing or any other costs caused by the delay of payment will be charge to the Customer.
3.4.All orders are accepted, with consideration of the financial, juridical and economical situation of the Customer at the moment of the order. If the financial situation of the customer is deteriorating between the date of the order and the date of delivery, Consumeo Limited will have the right to claim the payment before the delivery.
4.1.The customer shall undertake full responsibility for Consumeo Limited, to use any specimen, drafts, logo, trademarks, etc. provided by him for the production of the mentioned packaging material.
4.2.The customer releases Consumeo Limited from any claim in compensation concerning this regard of Intellectual property rights.
4.3.Consumeo Limited retains the copyright to the items it creates, including materials, plans., etc. together with the right to reproduce them in any manner, unless explicitly agreed otherwise.
4.4.Drafts, samples, prototypes, printing plates …etc produced by the Consumeo Limited for the Customer remain the property of the Consumeo Limited.
4.5.The goods supplied by Consumeo Limited may bear an indication of the Consumeo Limited company name or logo.
4.6.The goods or materials remain the property of Consumeo Limited, until the full payment is received by Consumeo Limited.
5.1.The Customer must always and immediately examine preliminary or intermediate products sent for checking such as specimen, prototypes, copies, electronic dimensional drawings and other samples. The risk of any defects passes to the Customer upon declaration of readiness for printing / manufacture unless these are defects that are caused or could be detected only during the production process following the declaration of readiness for printing / manufacture. The same applies to all other declarations of release made by the Customer.
5.2.Any additional costs caused by modifications that are requested after the production of a prototype (e.g. when drawings, type settings, films, moulds, cylinders and other production aids are prepared once more) will be charged to the Customer separately. This does not apply to modification requests that are due to defective processing caused by Consumeo Limited.
5.3.No claims may be asserted for defects, in particular for setting errors, incorrect positioning or variations in colour or material if the Customer fails to perform preliminary inspections or to examine preliminary or intermediate products provided.
5.4.Customer has 4 natural days after the delivery of the goods to refuse the goods for quality concerns. Passed this delay the goods will be considered automatically and irrevocably accepted unless the product present hidden defects that can not be sighted by normal eye only quality control. After this period, any claim of any nature will be considered inadmissible.
6.1. If any dispute arises between Consumeo Limited and the customer, both party shall first resolve thru friendly consultation, if theses fails it shall be resolved in and under the Hong Kong Laws.