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Terms and Conditions
1. GENERAL
Contracts and orders can only be accepted upon
and subject to our Conditions of Sale as set out
hereunder. Where the Purchaser's written conditions
and warranties conflict with these conditions,
the Company's conditions shall prevail unless
otherwise specifically agreed in writing.
2. TERMS OF PAYMENT
Terms of payment are strictly net monthly account,
that is payment on or before the end of the month
following the month during which the invoice is
dated. The company shall have the right in its
absolute discretion following non-observance of
the above payment terms, and notwithstanding any
contract the Purchaser may have made with a third
party, to terminate without notice any agreement
to make supplies to any person or to refuse or
limit the amount of credit to be given to any
person and to withhold supplies from any person.
3. ALTERATION TO PRICES AND TERMS
The Company reserves the absolute right at any
time to alter any of its selling prices and to
alter the terms which it allows to any Purchaser
without any notice whatsoever, In respect of goods
delivered after any such change of price or change
of terms the price charged or terms, applicable
shall be those current at the date of dispatch
of the goods. Subject thereto the Company will
make every endeavour to give forward notice of
any alternation of selling prices.
4. RETENTION OF TITLE
a) Notwithstanding delivery and the passing of
risk in any and all goods supplied by the Company,
or any other provision of these Conditions, the
property in the goods shall not pass to the Purchaser
until the Company has received in cash or cleared
funds payment in full of the price of goods and
all other goods agreed to be sold by the company
to the Purchaser for which payment is then due.
b) Until such time as the property in the goods
passes to the Purchaser, the Purchaser shall hold
the goods as the Company's fiduciary agent and
bailee and shall keep the goods separate from
those of the Purchaser and third parties and properly
stored, protected and insured and identified as
the company's property. Until that time the Purchaser
shall be entitled to resell or use the goods in
the ordinary course of its business but shall
account to the Company for the proceeds of sale
or otherwise of the goods whether tangible or
intangible, including insurance proceeds and shall
keep all such proceeds separate from any moneys
or property of the Purchaser and third parties
and, in the case of tangible proceeds, properly
stored, protected and insured.
c) Until such time as the property in the goods
passes to the purchaser (and provided the goods
are still in existence and have not been resold)
the Company shall be entitled at any time to require
the Purchaser to deliver up the goods to the Company
and if the Purchaser fails to do so forthwith
to enter upon any premises of the Purchaser or
any third party where the goods are stored and
repossess the goods.
d) The Purchaser shall not be entitled to pledge
or in any way charge by way of security for any
indebtedness any of the goods which remain the
property of the Company but if the Purchaser does
so all monies owing by the Purchaser to the company
shall (without prejudice to any other right or
remedy of the Company) forthwith become due and
payable.
5. DELAY IN DELIVERY
Orders will be dispatched as quickly as possible
having due consideration to any quoted delivery
dates but so long as any circumstances whatsoever
may prevent hinder or delay delivery the Company
shall not be bound to make delivery of any goods
which it may of contracted to sell or supply and
the Company shall not be liable for any consequential
loss or damage or in any manner whatsoever for
failure or delay in delivery when so prevented
hindered or delay. Any purported agreement as
to the time for delivery of goods (whether written
or oral) shall be treated as no more than the
parties' expression of such intention as to such
and time will not be of the essence of any such
purported agreement.
6. GOODS
a) From the time of receipt by the Purchaser until
such time as payment shall be made for the goods
the goods shall be at the risk of the Purchaser
and any loss of or damage to or deterioration
of the goods from any cause whatsoever other than
negligence of the Company shall be the responsibility
of and be borne by the Purchaser.
b) In the event of negligence by the Company being
established the liability of the Company for such
loss or damage mentioned in sub-clause (a) above
shall be limited to the invoice value of the goods
save where such loss results from personal injury
or death.
7. LIABILITY
a) All conditions and warranties whatsoever as
to the quality and fitness for any particular
purpose of the goods supplied whether statutory
or otherwise are hereby expressly excluded by
every care will be taken to ensure that goods
supplied will conform to the Company's standards
or to specification (within the limits of reasonable
commercial accuracy).
b) In the event of the Company recognising that
the goods supplied do not conform to the Company's
standards or to specification (within the limits
of reasonable commercial accuracy) the Company
will in assessing the value of any allowance or
replacement which it may agree to make have regard
to the extent and the nature of the defect, the
information given by the Purchaser as to the application
of the goods, the service which the goods may
already have given and all other circumstance
of the case, but in any event the Company's maximum
liability in all cases shall be limited to the
invoice value of the goods supplied.
c) Where the Purchaser inspects goods at the time
of delivery or where no complaint about the quality
of the goods is made within 24 hours of delivery,
the Purchaser should be taken to have inspected,
approved and accepted the goods.
d) The Company accepts no liability for consequential
loss of or damage to property, which is attributed
to the failure of the goods supplied (whether
or not the Company is the manufacturer of the
goods) whether due to accident, abuse, and incorrect
technical assessment by the Company or its representatives
or for any other reason whatsoever.
8. RIGHTS
Any indulgence granted by the Company to a Purchaser
or any waiver by the Company of its rights under
these conditions in respect of any particular
transaction or series of transactions shall not
be deemed to be a waiver of the Company's rights
in respect of any further transactions nor to
be an agreement to confer the same indulgence
in respect of any subsequent transactions.
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