Pack Service’s General Terms and Conditions of Sale
All quotations are made and all orders are accepted on the following terms and conditions which override and exclude any other terms stipulated or incorporated or referred to by the Customer whether in the order or in any negotiations and any course of dealing established between the Supplier and the Customer.
No modification of these terms shall be effective unless made by our express written agreement between the parties. The signing by the Supplier of any of the Customer’s documentation shall not imply any modification of these terms.
RETENTION OF TITLE
The goods shall remain the property of the seller until the complete payment of the price.
The Buyer warrants to Pack Service that, it is a Company that has experience of dealing with goods of the same kind as the Goods and that it will be competent to use the Goods in a proper manner and for the purposes for which they are designed.
Pack Service warrants New equipment of its own manufacture to be free from defects in materials and workmanship for a period of 12 months or 2000 hours of operation whichever occurs first from delivery to Customer site.
This warranty will be in effect when the equipment has been properly installed in accordance with Pack Service’s installation recommendations and maintained and operated within the limits of rated and normal usage.
Warranty is limited to repair or replacement of any original defective part or component excluding electrical components, printed circuit boards and normal wear and tear parts.
Any part deemed defective within the warranty period, buyer must obtain written claim and authorization from Pack Service.
Warranty is limited to defective original parts returned freight prepaid “free domicile” to Pack Service, and excludes labour, travel, expenses and normal wear parts.
Pack Service shall ship the repaired or replaced part or components to buyer at buyer’s expense.
Cost of removal and/or installation of repaired or replaced parts supplied under the above warranty shall be at buyer’s expense.
With respect to equipment, materials, parts and accessories manufactured by others, Pack Service will undertake to obtain for buyer the full benefits of the manufacture’s warranties.
Claims made under warranty do not cover any right to reduce or withhold any payments that may be due under this contract.
REQUIREMENTS FOR THE GOOD PERFORMANCE OF MACHINE
The Buyer should check that the product arrives to the machine in the following conditions:
- Without defects,
- Regularly packed/filled,
- With regular dimensions and shape (as per dimensions and features specified in the Contract),
- Perfectly closed,
- With no labelling, lidding, spout defects, etc.
- Regularly aligned.
All non-conforming products with defect are to be rejected by Customer’s up-stream line, before the infeed of Pack Service multipack machine.
Any non-conforming product that reached the machine could cause machine stops or a poor machine performance.
Pack Service will not be responsible for any damage or problem related to the non-compliance with the above mentioned conditions.
All above dimensions stated in paragraph “Customer’s Requirements” are purely indicative and are subject to confirmation only upon inspection of product, drawings and samples by Pack Service.
Once all product and carton samples are approved by Pack Service and the Customer, no modification of their specifications will be accepted.
This quotation is subject to confirmation upon receipt and inspection of final product and carton samples. Samples should be sent free of charge to Pack Service office, custom’s cleared.
Pack Service will not be responsible and will not be able to guarantee the good working or performance of the machine if there should be any modification of approved cartons (related to their design or cardboard quality).
Customer must provide all information about the other machines integrated into the line interfacing with Pack Service machine(s), i.e., dimensions, speed, etc. – and outfeed conveyor heights, accumulation time of upstream and downstream conveyors, etc.
Pre-installation Training is available at Pack Service’s factory for Buyer’s production or maintenance personnel at no charge. Buyer will be responsible for all travel and living expenses for its personnel during this time.
INSTALLATION POLICY AND SERVICE RATES
The cost of installation and commissioning shall in each case be charged for in addition to the cost of any Goods supplied and Buyer must pay for cost of start-up and a round trip air ticket prior to technician’s departure.
At Buyer’s request, Pack Service can schedule a Service Technician for up to 5 working days (Monday through Friday, 40 straight-time hours) and 2 travel days to superintend installation, charges as per Pack Service current Technical Assistance Rates.
It is Buyer’s responsibility, before technician arrives:
- To uncrate and set the machine into position for running
- Make all services connections available to the equipment such as electrical, air, etc. for its operation, including Internet connection with RJ47.
- Ensure that packaging material, hot melt and product are available in enough quantity for installation setup.
- Arrange the necessary personnel and machine operators to be available for instruction by Pack Service technician at installation time.
1 manual in English will be provided for general operation of equipment to be delivered 30 days after shipment.
COPYRIGHT PATENTS ETC. – SPECIFICATION AND DRAWINGS
All drawings, specifications, transparencies photographs (including moving films), electronics data and working instruction used in the construction of the goods shall be the property of Pack Service.
Pack Service retains all copyrights, patents, and the right of legal protection of registered design, in its drawings, diagrams, software, documents and equipment. Drawings, specifications, documents etc. appended to quotations or forwarded to the Buyer are for the Buyer’s personal use only. They may be neither copied in whole or part nor made accessible to third parties without Pack Service’s express written consent.
Any software programme supplied by Pack Service shall not form part of the sale but the Buyer shall be licensed to use such software (together with any modifications and updates which Pack Service may at its discretion provide) as specified by Pack Service and if such software shall have been supplied together with the goods then it may be used only in connection with such goods.
TAXES AND DUTIES
Any duties, taxes or levies upon the goods are for the Buyer’s account.
If the Customer cancels the order after the Supplier has issued its Order Acknowledgement, then the Supplier has the right to compensation from the Customer for all costs incurred by the Supplier up to the point of notification of the cancellation and for any costs which the Supplier has contracted for with third party suppliers. Any deposits paid by the Customer may be applied against such cancellation costs.
Subject to Crédito y Caución Company export risk insurance coverage.
All disputes arising in connection with the present Sale Contract shall be finally settled by arbitration in Barcelona under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by a single arbitrator whose decision shall be final.