|
|
|
|
|
These conditions prevail on all occasions
not withstanding of sale or purchase on any order made form
from any customer, or any verbal conditions.
Goods will be invoiced at the price ruling at the
date of dispatch, not withstanding any inconsistency with prices on any
quotation.
Unless otherwise agreed all prices are subject to
payment to us for carriage and package. On occasion when returnable packaging is
charged for by us, this charge will be credited to the customer in full if such
packaging is returned to works in good order within one month from the date of
receipt by the customer. In case of dispute as to the conditions thereof , our
opinion shall be final. Any carriage for the return of works being paid by the
customer, no deductions whatsoever can be made fro our invoices or statements of
accounts, for sacks, cases or other carriage implements. Unless other wise
stated, our quotation is for a full vehicle load.
The property in
and title to goods identified by an invoice shall not pass to
the intending purchaser until such time as the intending
purchaser shall have paid to the company the full amount of
the agreed price together with the full price of any other
goods the subject of any other agreement with the company
entered into before the agreement in question and until such
time his possession of them shall be solely in the capacity of
bailee for the company, and the company may at any time
terminate his possession of them and (for the purpose of
recovering them ) may enter upon any premises where they are
stored or where they are reasonably thought to be stored and
repossess them.
The intended
purchaser shall maintain such written records as may be
necessary.
| (i) |
|
to identify all
goods in the possession of the intended purchaser
(whether such goods shall have been processed in any
way) the property in which has not passed to the
intending purchaser, |
| (ii) |
|
to identify all
goods in the possession of the intending purchaser of
which the company shall be the
owner; |
| (iii) |
|
to identify all
proceeds of sale to which the company is
entitled. |
Payment shall be made in cash at the time of order,
unless a credit account has been opened. If so , payment shall be made no later
than the last day of the month, following the calendar month in which the goods
were delivered, time of payment shall be the essence, and delay in payment under
the contract or any other contract between the company and the customer, shall
justify the company in withholding future deliveries, and instigating
proceedings for all monies owed.
Interest at the rate of 2% over the prevailing
midland bank base rate per annum will be charged by us on all accounts which are
overdue as from the date they become due.
To avoid delay and any possible mistakes, the
catalogue numbers where possible shall be quoted on all
orders.
Orders given to us by telephone should also be
confirmed in writing the same day clearly marked ‘CONFIRMATION’ otherwise we
cannot be held responsible for any errors or omissions.
No claims for shortage , damage or defect
in quality shall be allowed by the company
unless:
| (i) |
|
Our copy of the
delivery ticket or acknowledgment records the complaint
or shortage. |
| (ii) |
|
Notice of the
claim is given forthwith to the company, and a written
claim sent to the company within 3 days of
delivery. |
| (iii) |
|
The carriers
conditions are complied
with. |
Goods supplied by us under a quotation cannot be
retuned to us for credit unless by special agreement.
We do not undertake to deliver or collect any goods
from roads or other grounds which we consider to be unsuitable, unless the
customer is solely responsible for any accident, injury or damage to the said
goods, the said vehicle or our employees or agents.
No liability shall attach to the company for any
failure to comply with the contract by non-delivery in due time, or at all part
delivery of defective goods however caused.
All goods sold by us only carry the same guarantee as
is given to us by the manufacturers and suppliers thereof, and we shall be under
no other liability whatsoever.
When we supply goods to customers design and
specification, then no guarantee, warranty condition or representation is given
or is to be implied, of their suitability for the purpose for which they are
being used. Any description of the goods shall be given by way of identification
only.
Whenever a sample of the goods has to be exhibited
to, and inspected by the customer, it is hereby declared that such samples were
exhibited for inspection to enable the customer to judge for himself the quality
of the bulk, and cannot constitute a sale by sample.
In event of cancellation of an order, we reserve the
right to recover all cost incurred in respect of the cancellation from the
customer, including any cancellation of order charges levied in against us by
the manufacturer as a result of such a cancellation. This condition shall also
apply in respect of goods returned which have been over ordered or are surplus
to requirements.
We shall not be responsible for any loss
or damage to the purchaser arising directly or indirectly from
any of the following:-
| (i) |
|
Act of
God |
| (ii) |
|
Any consequence
of war, invasion , acts of foreign enemy , hostilities
(whether war be declared or not), civil war, recellion,
insurrection, military or usurped power or
confiscation, destruction of or damage to property by or
under the order of any Government of public
authority. |
| (iii) |
|
Riot, civil
commotion, strike , lock out, stoppage or restraint of
labour for whatsoever causes, whether partial or
general. |
| (iv) |
|
Any other cause
beyond the reasonable control of the
company. |
 Back to
Top |
