Terms & Conditions
These Terms and Conditions apply to the supply of the Products and Services to the Client by Tinpac.
1. Definitions
In these Terms and Conditions:
“Client” means the person, business, company or other legal entity that is the purchaser of the Products and Services;
“Products” the Products supplied to the Client by Tinpac and described in the Sales Invoice and/or Estimate;
“Sales Contract” means any sales contract entered into by the Client and Tinpac in respect of the Products and Services supplied to the Client in which these Terms and Conditions are or are deemed to be incorporated;
“Sales Invoice” means the sales invoice issued by Tinpac in respect of the Products and Services supplied to the Client in which these Terms and Conditions are or are deemed to be incorporated;
“Services” means the services (if any) provided to the Client by Tinpac and described in the Sales Invoice; and
2. Orders
a. Tinpac may reject any order placed by the Client if there is an insufficient supply of Products which prevents Tinpac from being able to fulfill such order.
b. Tinpac will not be bound by any terms and conditions attaching to the Client’s order and, unless those terms and conditions are expressly agreed in writing by an authorised representative of Tinpac, the Client agrees that those terms and conditions are excluded.
c. Tinpac reserves the right to change and or correct prices, product availability and specifications due to any factors (refer point 10) without notice.
d. A small order surcharge (less than or equal to 500 pieces) may be applied due to the difficult logistics involved in supplying such small order quantities.
e. Product availability is advised based on known stock quantities and manufacturing capabilities at that time and could change without notice.
3. Payment
a. The price of the Products and Services will be Tinpac’s quoted price.
b. Payment is required prior to delivery of the Products (unless agreed otherwise by Tinpac). If the Client fails to make payment in accordance with this clause 3(b) after demand for payment by Tinpac all amounts owing by the Client to Tinpac on any account will immediately become due and payable.
c. Tinpac may, in its sole discretion:
• i. suspend the provision of credit to the Client until all amounts owing are paid for in full; and
• ii. From time to time and at any time, vary or cancel any credit facility it makes available to the Client.
d. Unless stated otherwise in these Terms and Conditions (or in writing by an authorised representative of Tinpac ), all prices quoted for Products and Services are exclusive of all taxes, handling, delivery and any other charge or duty.
e. Account customers paying by Credit card (when available) will incur the associated surcharge applicable to that card.
f. Late payment is subject to interest charges in accordance with our statutory rights
4. Delivery
The delivery times made known to the Client are estimates only and Tinpac will not be liable for late delivery or non-delivery. Under no circumstances will Tinpac be liable for any loss, damage or delay suffered or incurred by the Client or its Clients arising from late or non-delivery of the Products. We endeavor to avoid any delays in shipping, but we cannot guarantee the actions of other parties who have critical involvement in the shipping and delivery process.
5. Part deliveries
Tinpac may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms and Conditions.
6. Inspection and acceptance
The Client must inspect all Products upon delivery to the Client’s premises and must, within 5 days of delivery, give notice to Tinpac of any issue by which the Client alleges that the Products are not in accordance with the Client’s order. Failing such notice and to the extent permitted by law, the Products will be deemed to have been delivered to and accepted by the Client.
We have to assume that the Client will always test their product in the selected container prior to use. Samples are provided for this purpose.
7. Title and risk
a. Products supplied by Tinpac to the Client will be at the Client’s risk immediately upon delivery of the Products to the address stated in the Clients purchase order.
b. Risk in the Products will remain with the Client at all times unless Tinpac retakes possession of the Products in accordance with clause 7(e)(ii).
c. Title in the Products supplied by Tinpac to the Client will not pass to the Client until those Products and any other products supplied by Tinpac to the Client have been paid for in full.
d. Until the Products have been paid for in full:
i. the Client may sell the Products and keep records of the Products in the ordinary course of its business as agent for Tinpac and must account to Tinpac for the proceeds of sale (including any proceeds from insurance claims).
e. In the rare and unusual event that the Client has breached these Terms and Conditions (with direct reference to any payment obligations) or the terms of any relevant Sales Contract, the Client authorises Tinpac , at any time, to enter onto any premises upon which Tinpac’s Products are stored to enable Tinpac to:
• i. inspect the Products; and/or
• ii. Reclaim the Products.
f. The Client agrees that the provisions of this clause 7 apply despite any arrangement under which Tinpac grants credit to the Client.
8. Returns
a. Where Tinpac approves the return request, a restocking fee of $20 or 20% (whichever is the greater) will apply at the discretion of Tinpac based on circumstances surrounding the return of the product. All returns accepted for credit must be in the original packaging and unopened or credit will be denied.
b. The Client must notify Tinpac, via email, of any Products it wishes to return within 7 days from the date of the invoice relating to those Products. Special orders, non-stockable or non returnable items are to be paid for upfront and are non-returnable and non refundable, this can be at the Tinpac sales managers discretion.
c. Returns will be subject to Tinpac’s returns policy as advised to the Client and amended by Tinpac from time to time.
d. Each claim for the return of Products by the Client will be dealt with in accordance with the Returns Policy. Any substitute Products to be shipped to the Client in accordance with the Returns Policy will be sent by Tinpac to the Client by ordinary freight pre-paid. If the Client requests that the Products be sent by means other than ordinary freight, the extra cost of such accelerated or special freight must be paid by the Client. In the case whereby the Client has been supplied the incorrect part, Tinpac will arrange to have the part returned at no cost to the client.
e. Tinpac will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use.
f. The provisions of this clause 8 do not extend to any Products which have been added to, modified, varied or changed by any person or party other than Tinpac or its Suppliers.
9. Loss or damage in transit
Tinpac is not responsible for any loss or damage to Products in transit by the Clients carrier whether shipping from or returning to Tinpac.
10. Force majeure
If the performance or observance of Tinpac’s obligations under these Terms and Conditions or any relevant Sales Contract is prevented, restricted or affected by a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown or plant, transport or equipment or any other cause beyond the reasonable control of Tinpac , Tinpac will give notice of such cause to the Client and after 90 days from the receipt by Client of such notice, either party may terminate the relevant Sales Contract without penalty.
11. Client’s cancellation
a. Unless otherwise agreed in writing, the Client will not have the right to cancel an order which has been accepted by Tinpac.
b. Unless otherwise agreed between the Client and Tinpac, upon cancellation prior to shipment, any deposit paid by the Client will be forfeited to Tinpac.
c. At Managements discretion, a cancellation fee of 50% invoice total will be applicable to cancelled orders.
d. Request for Cancellation will be declined for Products that are especially ordered for clients, and where the Supplier for Tinpac has a non returns policy for that particular product.
12. Default of Client
Without prejudice to any other rights that Tinpac has under these Terms and Conditions, if the Client fails to make any payment due to Tinpac under these Terms and Conditions, Tinpac may, in its sole discretion, and without further liability to the Client:
• refuse to make further supplies to the Client under the relevant Sales Contract; and/or
• terminate the Sales Contract without notice.
13. Warranty
a. All items displayed on our web pages accurately reflect their current standards and specifications. However, each item depicted or described herein is not necessarily suitable for every kind of use, therefore, UNLESS OTHERWISE STATED IN WRITING, Tinpac MAKES NO WARRANTY THAT THE GOODS DEPICTED OR DESCRIBED HEREIN ARE FIT FOR ANY PARTICULAR PURPOSE.
b. All other warranties, whether expressed or implied, including any warranty of merchantability and fitness for a particular use, are expressly disclaimed.
c. Due to the different combinations of ingredients, in particular active ingredients and essential oils, certain containers can react poorly with your products and become defective. We cannot guarantee that any container will function properly with your particular product.
We will provide you with samples of most of our products free of charge (customers will pay for freight charges). Test your products with each container before filling large runs!
Tinpac assumes no responsibility for suitability of any container or closure for customer’s particular use. It is the customer’s responsibility to do product compatibility testing with container and closure selected by customer. We are not responsible for consequential damages arising from customer’s selection and use of containers and closures supplied by us.
d. Certain legislation may imply warranties or conditions or impose obligations upon Tinpac which cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Tinpac is able to do so, its liability will be limited, at its option, to:
• i. in the case of Products: the replacement of the Products or re-supply of equivalent Products; and
14. Liability
a. To the extent permitted by law, Tinpac will not be liable to the Client or any other person under any circumstances for any loss of use, profit, revenue, interest, or goodwill, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Client, whether such liability arises directly or indirectly as a result of:
• i. any negligent act or omission or willful misconduct of Tinpac or its employees or agents;
• ii. The supply, performance or use of any Products or Services; or
• iii. Any breach by Tinpac of its obligations under these Terms and Conditions or any relevant Sales Contract.
15. Privacy
a. The Client agrees to Tinpac collecting, using and disclosing information about the Client of the kind referred to in clause 15 (c ) for various purposes, including to:
• i. assess credit worthiness as outlined in clause 15;
• ii. Supply the Products and Services to the Client and the management of the Client’s trading account;
• iii. Communicate with the Client about the Products and Services which Tinpac or its partners or affiliates may provide to the Client;
• iv. Implement these Terms and Conditions and any Sales Contract; and
• v. comply with the requirements of relevant laws.
b. Tinpac, at the written request of the Client, will:
• i. provide the Client with access to any personal information relating to the Client held by Tinpac; and
• ii. Correct or amend any personal information relating to the Client held by Tinpac which is inaccurate or out of date.
c. Tinpac will handle the Client’s personal information in accordance with the requirements of relevant laws.
We do not sell, swap, lend or donate any of our Clients’ information to any other company, apart for any reasons listed above.
Any disclosure of information (mainly contact details) is to enable us to better serve you, our Client.
Your privacy is respected and we consider it our responsibility to uphold the confidentiality of our relationship with you, the Client.
16. Confidentiality
a. The Client acknowledges that Tinpac has disclosed and may from time to time disclose to the Client certain confidential information and documentation of Tinpac relating to the Products, their marketing, use, and operation (including technical specifications) (“Confidential Information”).
b. Subject to clause 18(e), the Client must:
• i. only use the Confidential Information solely for the purposes contemplated under any relevant Sales Contract; and
• ii. Not, during the continuation of such Sales Contract or thereafter, disclose (whether directly or indirectly) to any third party the Confidential Information, other than is required to carry out such purposes.
c. If disclosure of Tinpac’s Confidential Information to third parties is necessary, the Client will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as the Client is bound to protect Tinpac’s Confidential Information under this clause 18.
d. Upon the expiry or termination of any relevant Sales Contract, the Client must cease to use and must return or destroy (as Tinpac may instruct) Tinpac’s Confidential Information in its possession or control. The Client will not itself or through any subsidiary, agent or other party sell, market, distribute, manufacture or otherwise deal with the Products or have such Products manufactured for it based on the Confidential Information or any other technical information provided to it by Tinpac in accordance with these Terms and Conditions.
e. The provisions of this clause 18 do not extend to any information which is:
• i. at the time of disclosure, rightfully known to or in the possession or control of the Client and which is not subject to an obligation or confidentiality;
• ii. Public knowledge (otherwise than as a result of a breach of this clause 18 or any other obligation of confidentiality);
• iii. Consented or approved to be disclosed by Tinpac; or
• iv. Required to be disclosed by a government authority or by the requirements of relevant laws.
17. General
a. Tinpac may amend these Terms and Conditions at any time, by giving the Client notice by mail, e-mail or by posting a notice on Tinpac’s public website. By continuing to place orders for Products and Services after these Terms and Conditions are amended, the Client will be deemed to have accepted the revised Terms and Conditions.
b. Any provision of these Terms and Conditions which is invalid, void or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
c. The Client may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions. Tinpac may assign its rights and obligations under these Terms Conditions to any person.
d. These Terms and Conditions are governed by the laws of the country of operation. The Client submits to the non-exclusive jurisdiction of the courts of that country.