Terms and Conditions of Sales Contract

  1. The Purchase Order starts being processed only after the signing of this Sales Contract;
  2. This Contract is based on the key principles of mutual cooperation and mutual fairness; this is based on the premise that VistaPak is an intermediary between the manufacturer and the final client; VistaPak is not the manufacturer and the role of VistaPak is to facilitate the transaction as a service-based company only;
  3. This Contact is based on the principle of mutual confidentiality; the client of VistaPak shall never contact the supplier of VistaPak for business and importing purposes; VistaPak shall proceed legally in case the client contacts the supplier of VistaPak due damages, loss of profits and the breaking of this Contract;
  4. The provisions of the contract are set out in the Sales Contract and in the Conditions and include any other document expressly incorporated by reference. No warranties, terms or conditions put forward by the Buyer form any part of the Contract;
  5. The client shall sign on all pages of this Sales Contract; in the absence of all signings requested by VistaPak, the client shall still be bound by all terms and conditions of this Sales Contract in its entirety;
  6. Each extra pre-production sample shall be provided at an extra cost as stated by the manufacturer; All precise information about artwork(s), sizes, colours (including all Pantone colours for materials and artworks), measurements and all other packaging aspects shall be provided in full by the client; VistaPak shall not be responsible for any missing information; In the absence of such important information, VistaPak shall not be responsible for re-production of pre-production samples, and any charges for samples faced by VistaPak shall be compensated by the client;
  7. Unless the client pays for his/her artwork, VistaPak designs shall remain the property of VistaPak and no changes shall be made by client on the free artworks provided by VistaPak ;
  8. Unless otherwise agreed, any custom-made tools, printing plates, cylinders or other equipment made for the manufacturing of goods to be supplied to Buyer shall remain the property of Seller notwithstanding any sum charged by Seller to Buyer in respect thereof and/or any payment made by Buyer. Seller will stock all these for a period of 12 months following the last order date. Seller reserves the right to destroy them after this period if no repeat order is placed;
  9. Seller will only accept amendments made by Buyer up until three working days following the date of the Buyer’s order. Should the client decide to terminate this contract due to changing of mind after the deposit payment to VistaPak , the client shall be liable for all financial and non-financial damages caused to VistaPak, in addition to production costs and termination fees;
  10. Production time starts upon the provision of all signed documents including final artwork, the confirmation of the pre-production samples where applicable, and the paid and cashed deposit by the client. Any amendments in documentation and artworks will extent lead times;
  11. This order is accepted on the basis that should the dispatch date have to be extended beyond the anticipated date, we are not liable for compensation due to actual or perceived consequential loss;
  12. Seller reserves the right to deliver against any order an excess or shortage of up to 20% in weight, thickness, gram weight, volume and/or quantity ordered and +/- 10mm in dimensions of bags, and to invoice accordingly unless expressly specified otherwise in any other signed agreed document.
  13. VistaPak shall provide packaging certification on demand. Unless stated otherwise, a general certificate shall be issued. Order-specific certificates are issued against payment of EUR350+VAT / Packaging Item ordered by the client;
  14. Final product quality outputs shall be subject to the industry’s defects acceptance levels at 10-15% of final quantity. VistaPak shall not be responsible for all the defective quantities produced by the manufacturer at the point of production, and which are within the range of the mentioned defects acceptance levels;
  15. All defective items beyond industrial acceptance levels shall be compensated only by the same amount of packaging replacement in the following order made by the client; No money refund shall be issued by VistaPak;
  16. VistaPak shall deliver only the packaging agreed as per contract; The client shall fully inform VistaPak in visual and text format of any special requirements related to packaging and production methods, machinery and/or any other matter before the production of this Purchase Order; In case the client does not inform VistaPak, then VistaPak shall not be liable for any defects and/or different specifications of packaging that could affect the performance of the packaging supplied by VistaPak to the client; The client shall always remain responsible for giving all the required information to VistaPak for the production of packaging in order to avoid any mishaps and misunderstandings;
  17. VistaPak shall not be responsible for the lack of performance of other supplier’s packaging and machinery with the packaging provided by VistaPak;
  18. The client shall be fully responsible for any missing information not provided to VistaPak in writing through this Sales Contract; in case of any dispute, VistaPak and the client shall make reference only to this Contract; no verbal instructions shall be deemed binding whatsoever;
  19. VistaPak shall not be responsible and liable for any losses due to changes in conditions of the packaging supplied by VistaPak due to shipment conditions, temperature conditions, storage conditions and any other conditions beyond the control of VistaPak at any point of the supply chain process. All insurance on packaging shall be paid by the client;
  20. VistaPak shall not be liable for any third party’s performance; The Seller shall not be liable for any failure to perform its obligations arising from any circumstances beyond his control including, but not limited to acts of God, War (declared or otherwise), abnormal weather conditions, fire, flood, earthquake, serious accidents, strikes, lockouts, or other industrial or trade dispute or any act or intervention of government;
  21. VistaPak shall not be liable for any delays in administrative, production, shipment and transit times due to unforeseen circumstances, which are beyond our control as an intermediary;
  22. All claims for damages or partial loss of goods in transit must be noted and endorsed on the delivery note immediately by the Buyer or its agents and be submitted in writing to the carrier and Seller within 3 days of delivery;
  23. All claims regarding the quality of goods delivered under this contract shall be brought to VistaPak no later than 3 days after its receipt. Failure to notify Seller of any claim during that period relieves the Seller of all liability; Claims for faulty goods will only be honoured if the goods are returned to VistaPak’s warehouse; since VistaPak is an intermediary company, its role is to facilitate communication between the manufacturer and the client in case of complaints about the delivered final product; in instances where a dispute is not satisfactorily concluded, VistaPak shall facilitate the communication between the manufacturer and the client for a mutual agreement;
  24. All claims for faulty goods will only be honoured if the client returns the goods to VistaPak. We will not issue credit notes for goods that have already been distributed by the client. All returned goods must be in good condition as per original condition;
  25. The goods shall be deemed to have been delivered and accepted in conformity with the contract, in the absence of any notification as a claim or otherwise;
  26. Re-ordering of the same products shall remain the client’s responsibility; The Seller reserves the right to change the price of the goods for any repeat order unless there is a prior contractual agreement signed by both parties;
  27. Title to goods to which this contract relates shall only pass to Buyer upon full payment received by Seller; In all other circumstances, title to the goods shall remain vested in Seller and the Buyer shall hold the goods as bailee until full payment with respect thereof has been received by Seller of the goods; So long as title to the goods remains vested in the Seller, the Buyer shall hold the goods in store in such a manner as clearly and separately to identify the same as the goods of Seller, or where the goods are of necessity stored in silos or bulk tanks with other goods of same specification, to identify the quality therein being property of the Seller, and the Seller shall have the right to recover possession of the goods and for that purpose to enter into any premises occupied by Buyer.
  28. All Prices are excluded from VAT and any other taxes (excise duties, eco-tax contributions and any other form of tax stipulated by the EU and any national and local government) unless specifically listed otherwise; All prices in the contract include 6.5% duty and 0% anti-dumping duty; Any percentage changes (stipulated by the EU and any national and local government) in duty and anti-dumping duty at the time of import shall be reflected in the final prices agreed in this contract; VistaPak shall not be penalized and be responsible for any tax and duty changes imposed by third parties at the time of importation of goods bought through this contract;
  29. Exchange Rate is based on EUR1: $1.15; Prices are subject to final confirmation before placing the order; All documentations including artwork should be provided within 10 days from deposit date. Otherwise, VistaPak holds the right to issue a new revised quotation;
  30. Courier Transportation is not included but can be provided at an additional cost; Warehousing costs are not included but can be provided at an additional cost as per below;
  31. All Prices include the administrative processing of the Purchase Order from the signage of this sales contract till the delivery or pick up of the whole order;
  32. All Prices include research costs related to the processing of the Purchase Order; Extra research shall carry a charge of EUR50+VAT per hour (EUR50+VAT as Minimum Charge);
  33. All Prices include packaging wasted recovery fees at EUR100 + VAT / MT;
  34. All Prices include service charge of EUR120 + VAT, including all administrative expenses to process the order and which VistaPak is providing it free of charge;
  35. Each extra chromaline ordered by the client shall be charged at EUR100 + VAT;
  36. After sales service hours are charged at EUR50 + VAT per hour (Minimum EUR50 + VAT);
  37. Artwork design can be offered at an additional cost at EUR50 + VAT per hour;
  38. Delivery Terms: Up to warehouse door; No Pallets shall be provided by VistaPak; Pallets are charged at EUR10+VAT / Pallet;
  39. Warehousing Fees per CBM basis (LCL Orders): EUR10 + VAT/CBM/Month; Warehousing Fees per Container basis (FCL Orders): EUR100 + VAT/20FT Container/Month; EUR250 + VAT/40FT Container/Month; Extra Delivery Charges for stored items: LCL – EUR10 + VAT/CBM*(Minimum EUR5 + VAT per Delivery); FCL EUR250+VAT / Full Container;
  40. The client shall be responsible for the presentation of vouchers (in this Sales Contract, if any) to VistaPak when a repeat order takes place;
  41. Shipment Time: 40 working days (+/-) depending on the shipper’s performance; VistaPak is not responsible for delays during transit. We dispatch goods on your behalf and the goods become your property the moment they leave the premises of the manufacturer;
  42. Production Time: 40 working days (+/-) after all administrative requirements (documentation, artwork presentation, bank payments etc) are performed and also depending on the manufacturer’s performance;
  43. Local Delivery Time: 5 working days (+/-) depending on the Customs Malta’s performance and local transporter’s performance;
  44. The Assignor shall accept the Standard Payment Terms as agreed (unless stated otherwise): 50% Deposit, 50% prior to Customs Clearance and Delivery (no delivery shall be done without the final payment against the Notice of Delivery or any other document issued by VistaPak before goods delivery);
  45. Upon notice of arrival of goods, should the client fail to provide a date for delivery within the 5 working days grace period, the consignment will be stored at VistaPak warehouse as per costs stated;
  46. Cash on Delivery payments shall be affected within maximum of 5 working days from Notice of Delivery Statement Date (inclusive) issued by VistaPak for the delivery to be undertaken; Non-payments within 5 working days shall carry an extra storage charge of EUR30+VAT per extra day (Minimum Charge);
  47. Non-Payment of Balance on Delivery shall result in no delivery of goods, and shall also carry a charge of EUR250+VAT due to transport and storage costs; Late payments shall be subject to an interest rate of 8% per annum on pro-rata basis; All extra costs related to non-payment and/or late payments at the expense of VistaPak shall be paid by the client; Due to non-payment, the client shall pay the full amount of the costs incurred to deliver the goods from VistaPak warehouse up to Client’s warehouse door, including storage of the items;
  48. In case the client does not pay on delivery as agreed, the order shall be collected by the client at his/her expense and shall pay the delivery costs already incurred by VistaPak EUR25+VAT per pallet (Minimum Charge); Any repeat delivery by VistaPak shall be charged at EUR25+VAT / Pallet (Minimum Charge);
  49. The client shall be responsible for ensuring the cleanliness and all other important aspects of the supplied packaging during the production process. VistaPak shall not be responsible for the client’s responsibility of ensuring cleanliness and all other aspects of the supplied packaging during production;
  50. VistaPak shall only be responsible for the supply of the agreed packaging material as signed on the Sales Contract, without any additions or deductions to the mentioned legal document. The details written on the Sales Contract shall be deemed final, and no further exceptions will be accepted by VistaPak;
  51. Following the full payment of the goods delivered, the client may be able to file a formal complaint in writing to vistapak@gaucimagri.com within 3 days. VistaPak shall not process any informal complaints in any form whatsoever.
  52. VistaPak shall be responsible to give a definite reply to the client within 30 days following discussion with the Manufacturer. In case of compensation, VistaPak shall issue a credit note accordingly which will be used for the following order of the same item and for the same and/or larger quantities;
  53. E. & O.E expected;