Terms & Conditions

 A General Conditions

Unless modified by special arrangements in writing by authorised persons, these Terms & Conditions of sale shall be the only and entire basis of agreement between EmptyCartridge Ltd and the *Buyer and shall have precedence over any terms and conditions proposed or stipulated by the Buyer or any prior verbal representations. These Terms & Conditions of Sale shall be deemed to be accepted by the Buyer who places an Order having previously been supplied with a copy of these Terms & Conditions of Sale.

B Quality Control

Cartridges are inspected to ensure they are free of physical defect. We do test some inkjet circuits on a ST200 and each one is UV stamped to identify it as our cartridge. We do not guarantee the condition of internal components such as OPC’s or mag rollers. All inkjets are stamped with a UV stamp that is unique to EmptyCartridge. We do not test and can not guarantee remanufactured/compatible cartridges.

C Pricing

Prices are quoted exclusive of VAT which will be added to invoices. Please note that if you are operating outside of the UK no VAT will be applied so long as a VAT number that relates to your business is provided. This is for companies within the EU. If you are outside the EU no VAT will be applied as you are VAT exempt. EmptyCartridge Ltd reserves the right to change prices without prior notice. Any change of prices and Terms of Payment shall be those ruling at the time of dispatch. Our pricelist is updated at least once a month.

D Orders

EmptyCartridge Ltd shall have the right to refuse to accept any order for the supply of Goods without any necessity to state or offer a reason for so doing. Orders can be placed over the phone however it must be confirmed with quantities by letter, fax or email. For any order confirmations, enquiries or anything relating to purchases please email: sales@emptycartridge.co.uk or phone: 01908 477133. Orders will be accepted up to the close of business however, they may not go out on the same day. Our cut off time is generally 2pm for next day delivery within the UK however depending on work load this may vary.  Once placed, an order cannot be cancelled except by mutual agreement and only on terms which would indemnify EmptyCartridge Ltd against loss, costs and expenses.

E Delivery

Any date of delivery is an estimate only, and while EmptyCartridge Ltd will endeavour to deliver the Goods within a reasonable time, EmptyCartridge Ltd will not be liable for delay or errors by the delivery courier, nor for any loss or damage arising directly or indirectly for delay in dispatch or in delivery. Please note that we will be unable to entertain claims for damage in transit unless the buyer signs for the consignment as ‘unchecked’. If a consignment is signed for normally and then damage is found we will not be able to credit any damaged goods.

All shipping and delivery charges relating to delivery of Orders shall be invoiced to the Buyer unless otherwise agreed. Where certain delivery charges have been agreed and the Buyer requests more expensive means of delivery, the difference between such delivery charges and the previously agreed delivery charges shall be invoiced to the Buyer. Where the Order involves more than one delivery, Goods will be delivered and accepted as soon as ready. Each delivery shall constitute a separate contract and may be invoiced separately.

Delivery of the Goods shall be understood to have taken place and the risk in respect of the Goods passed to the Buyer upon delivery to the Buyer’s premises or other requested location or to its couriers or agents or as otherwise ordered by the Buyer.

If EmptyCartridge Ltd endeavours to deliver the Goods and the Buyer does not accept them for whatever reason, then, without affecting any other right or remedy, all resultant costs including storage of Goods or further attempts to deliver the Goods shall be charged to the Buyer. Any shortage of Goods delivered or damage to Goods in transit or other perceived problems must be notified by the Buyer to EmptyCartridge Ltd within 7 working days of delivery. If outside the EU we need to be notified within 30 days if any discrepancies but it will need to agreed with an account manager in advance

 We can arrange a courier for you and we will give you a quote before booking. Alternatively, you can arrange your own courier.

 F Returns

Any inkjets that are faulty or broken must be returned before a credit can be given. We must know about any discrepancies up to 5 days after receiving the goods. The Buyer then has 7 days to return them to us. All inkjets are stamped with a UV stamp that is unique to EmptyCartridge. We do not test and can not guarantee remanufactured/compatible cartridges. If any items returned to us seem to be damaged due to the remanufacturing then we will be unable to credit these items.

 G Payment Terms

The time of payment for the Goods shall be an integral part of the contract. The Buyer may not withhold payment of any invoice or other amount due to EmptyCartridge Ltd because of any set off or counter claim made against EmptyCartridge Ltd. Payment may be by business cheque, cash, wire transfer or banker’s draft. If paying by personal cheque, these must have been cleared through the EmptyCartridge Ltd’s bank. Unless a credit account has been arranged, the terms of which having been agreed, payment shall be before delivery of the Goods. For buyers with credit we operate strict 30 day payment terms.

 Payment methods accepted are:

 ·Cheque – We will send the goods once the cheque has been received please make the cheque payable to EmptyCartridge Ltd. Please ensure that the sales/ invoice number is written on the back of the cheque.

·Debit and Credit Card – We can take payment over the phone by credit or debit card. It is free of charge to use a debit card however there will be a 2.5% charge added to the invoice for the use of a credit card.

·BACS – Our account details are: RBS Sort Code: 16-25-27 Account Number: 10966868. Please ensure that the sales/ invoice number is used as a reference when paying.

·Cash – An extra charge of 0.70p will be added for every £100 

·30 Day Credit Account – Businesses, corporate or public sector we offer a 30 day credit account (subject to a credit check). For more information please call one of our team on 01908 477133.

 Failure to meet agreed terms for payment will result in one or more of the following:

·    Account will be put on hold and further deliveries withheld until due payment is received.

·    Goods may be repossessed – see retention of title.

·    Credit facilities may be withdrawn.

·     All overdue amounts will be charged at the rate of 8% interest above bank base rate and compensation may be added

·    A collection agency. Credit insurer may be instructed to call on the Buyer to seek settlement.

·    Any costs related to the appointment of a collection agency / credit insurer and subsequent costs are to be paid by the Buyer.

·   Legal proceedings may be instituted for the recovery of outstanding sums and EmptyCartridge Ltd shall be entitled to recover from the Buyer all costs incurred thereby.

H Credit Accounts

Unless otherwise agreed, Buyers wishing to apply for a credit account may be required to trade with EmptyCartridge Ltd for 6 consecutive months, paying in advance.

I Retention of Title

Not withstanding the passing of risk in the Goods to the Buyer upon delivery or collection – see E, EmptyCartridge Ltd shall retain legal title to the Goods and the Property in the Goods shall not pass to the Buyer until the Buyer shall have paid for all Goods (including any associated freight charges) which have been supplied by EmptyCartridge Ltd at any time, payment being defined as cleared funds into EmptyCartridge Ltd’s bank account. The Buyer agrees that it is in possession of EmptyCartridge Ltd’s Goods as a bailer for EmptyCartridge Ltd until the Buyer shall have paid EmptyCartridge Ltd for the Goods and all other Goods supplied by EmptyCartridge Ltd at any time.

The Buyer shall keep and record the Goods owned by EmptyCartridge Ltd separate from other Goods, properly stored, protected, insured and identified as EmptyCartridge Ltd’s property. The Buyer shall keep records of the use or resale of the Goods and of the proceeds if any. It will allow EmptyCartridge Ltd to inspect these records and the Goods themselves on request. All Goods supplied by EmptyCartridge Ltd in the Buyer’s possession shall be presumed to belong to EmptyCartridge Ltd unless the Buyer can prove otherwise. EmptyCartridge Ltd shall be entitled to trace the proceeds of sale and any insurance proceeds received in respect of the Goods owned by EmptyCartridge Ltd, such proceeds to be paid into a separate Bank Account held by the Buyer on trust for EmptyCartridge Ltd.

If the Buyer fails to make a payment for Goods when due, EmptyCartridge Ltd has the right to recover the Goods and shall have the right without prejudice to other remedies to enter without prior notice any premises where Goods owned by it are stored and to repossess any Goods owned by it to the value of any sums owed to it by the Buyer; also to require the Buyer not to resell or part with any Goods owned by EmptyCartridge Ltd until the Buyer has paid in full all sums owed by it to EmptyCartridge Ltd.

Nothing in these conditions shall affect any other rights or methods EmptyCartridge Ltd may have to secure payment for all the Goods supplied to the Buyer, in particular EmptyCartridge Ltd’s right to instigate legal proceedings to recover such payments together with all associated costs.

 J Data Protection

EmptyCartridge Ltd may transfer information about the Buyer to its bankers/financiers, in order for them to provide their services to EmptyCartridge Ltd and other customers of theirs and to help them to (a) obtain credit insurance (b) undertake credit control (c) undertake assessment and analysis (including credit scoring, market, product and statistical analysis) (d) securities debts and (e) protect their interests. EmptyCartridge Ltd or its bankers/financiers may make credit reference agency searches in respect of the Buyer’s business and its principals. Please note that credit reference agencies make a record of searches which may be used to prevent fraud or money laundering or by other subscribers to make credit decisions about the Buyer.

EmptyCartridge Ltd’s bankers/financiers may give information about the Buyer and its indebtedness to the following for the purposes stated:

a) any other divisions or associated companies of theirs - for the business purposes of such divisions or companies;

b) their insurers or EmptyCartridge Ltd’s insurers - to quote for and issue any credit policy or to deal with any claims;c) any advisers acting on their’s or EmptyCartridge Ltd’s behalf - so the advisers can carry out their services;

d) any business to whom the Buyer’s indebtedness or EmptyCartridge Ltd’s financing arrangements with the Buyer may be transferred - to facilitate such transfer;

e) to any person to whom they have a duty of disclosure or to whom the law permits disclosure.

EmptyCartridge Ltd’s bankers/financiers may make decisions about the Buyer solely using an automated decision making process, such as credit scoring; however, they will tell EmptyCartridge Ltd (and in turn we will tell the Buyer) if they make a significant decision only using such a process. The Buyer can then request through EmptyCartridge Ltd a review of their decision using other means.

EmptyCartridge Ltd’s bankers/financiers may monitor and/or record the Buyer’s phone calls to them for training and/or security purposes.

EmptyCartridge Ltd will provide you with details of its bankers/financiers on request, including a contact telephone number from where the Buyer can obtain details of the credit reference agencies used by them and any third parties to whom information is transferred.

K Limitation of the EmptyCartridge Ltd’s Liability

EmptyCartridge Ltd shall have no liability to the Buyer, the user or any third party for consequential or incidental damages of any kind whatsoever (other that for death or personal injury caused by the negligence of EmptyCartridge Ltd) by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the warranty for any consequential or incidental loss or damage including without limitation any indirect loss or damage such as operating loss, costs, expenses, loss of clientele or damage to the Buyer’s image or reputation or any other claims for consequential compensation whatsoever which may arise out of or in connection with the supply of EmptyCartridge Ltd’s Goods or their use or resale by the Buyer or the user.

L Force Majeure

EmptyCartridge Ltd is hindered or prevented (whether temporarily or permanently) from procuring supplies to enable it to supply Goods or if such supply is prevented or hindered by reason, without limitation, of Act of God, war, Act of Parliament, or orders, regulations or bye-laws made under a statutory authority, labour disputes including EmptyCartridge Ltd’s labour force, interruption of power supply, failure of sources of supply, interference by a third party, civil commotion, fire, flood or other natural disaster, or any causes of whatever kind and whenever occurring being a cause beyond  EmptyCartridge Ltd’s control, (circumstances of Force Majeure), then EmptyCartridge Ltd may cancel performance of the contract for as long as and to the extent that the prevention or hindrance may last and such cancellation shall not give rise to any claims by the Buyer, and the Buyer shall remain liable to pay for Goods delivered prior to the date of such cancellation.

M Severance and saving of rights

Should any provision of the Terms & Conditions for the supply of Goods prove to be illegal or unenforceable, such provision shall be deemed severable to the extent of such illegality or unenforceability and the remaining provisions thereof shall continue in full force and effect.

The failure by EmptyCartridge Ltd at any time to fully enforce any Terms or Conditions of the contract for the supply of Goods or to exercise any rights there under shall not constitute a waiver of such Terms and Conditions nor shall it affect EmptyCartridge Ltd’s rights to enforce them.

N Law and Jurisdiction

These conditions and each and every contract shall be subject to and interpreted in accordance with English law and all parties agree for the benefit of EmptyCartridge Ltd to accept the non-exclusive jurisdiction of the English Courts. Such submissions shall not limit nor be construed as limiting EmptyCartridge Ltd’s rights to take proceedings against the Buyer in connection with this contract in any court of competent jurisdiction nor shall the taking of proceedings in any one or more courts preclude the taking of proceedings in any other jurisdiction.

O Notices

Notices may be given by either or both of EmptyCartridge Ltd and the Buyer by sending such notices to the last known business address or the Registered Office of the other party. Such notices shall be in writing and sent by First Class Post, by Fax or by email.

P Errors and Omissions

Errors and omissions accepted. (E&O.E.)

*The ‘Buyer’ means that entity, business or individual placing an order for goods to be supplied by EmptyCartridge Ltd.

Registered Address:
118 Glebe Road
Deanshanger
Milton Keynes
MK19 6LZ

Registered in England No: 05474985

Data Protection Registration No
:Z2538071

Last updated 06.04.16