Terms and Conditions
Unless otherwise agreed in writing, all orders are accepted subject to the following Terms and Conditions, which alone shall apply in the Contract to the exclusion of any terms or conditions proposed by the customer.
Prices and Quotations
1. a) All orders are accepted on the understanding that the merchandise will be charged at the prices ruling on the date of despatch unless the prices have been made firm for an agreed period.
(b) Quotations and times for despatch are conditional on complete details of the customers’ requirements having been supplied. Time will run only from the date when all requisite information is supplied.
Settlement Terms
2. Accounts are payable 30 days end of month. Any variation to these terms will only be accepted where agreed by the company and confirmed in writing. Where the credit terms are exceeded the company reserves the right to demand immediate payment of the account in total. The company reserves the right to refuse Credit at any time and demand immediate payment of all monies outstanding. No receipts will be issued against payments made by cheque unless specifically requested.
Credit
Delays in Delivery
4. (a) The Company will not be responsible in any way for any loss, damage or delay due to strikes, lockouts, labour conditions, transport delays, material shortages, breakdown of machinery, fire, accidents of any kind, perils of land, sea or air, or any other cause or contingency whatsoever beyond the control of the Company whether within the meaning of the before mentioned causes or not and whether in respect of
deliveries to or by the Company.
(b) In the event of the fulfilment of the Contract being impeded, frustrated or prevented in consequence of war or the operation of any regulation or Order made by any statutory or duly constituted Authority, the customer shall pay for all goods delivered, work executed or expenses incurred in connection with the Contract up to the date of the occurrence and the Company’s responsibility for further performance or fulfilment of the Contract shall cease.
(c) Any terms as to rate or time of delivery are not to be deemed of the essence of the Contract and no guarantee can be given or implied with regards thereto.
Instalment Deliveries
5. Where, by the Contract, deliveries are to be made by instalments or work executed over a stated period, payment for deliveries made and work executed, strictly in accordance with the terms of the Contract, shall be a condition precedent to further deliveries being made or work executed under the Contract.
Carriage and Packing
6. Carriage and packing will be charged extra unless otherwise agreed. The Company reserves the right to deliver in more than one shipment at its discretion.
Delivery
7. If the customer fails to accept delivery of merchandise ready for delivery at the agreed date the Company reserves the right to invoice such merchandise and to require payment therefore in the usual way.
Loss or Damaged in Transit
8. Except where delivered by the Company’s transport and then only when damage or shortage is advised in writing within seven days of receipt, no responsibility will be accepted for loss or damage in transit other than that (if any) accepted by the carrier whose conditions must be complied with.
Title
9. Title to and property in the goods shall remain vested in the Company (notwithstanding the delivery of possession of the same and passing of the risk therein to the customer) until:-
(a) The price of the goods (and/or services) comprised in this Contract, and
(b) All other monies due from the customer to the Company on any other account have been paid or satisfied in full.
Descriptive Matter, Performance Figures
10. Drawings, designs, photographs and other descriptive matter are for the purpose of description only and shall not form part of the Contract. Performance figures given are approximate only and not guaranteed.
Guarantee and General Liability
11. The Company gives no guarantee on any merchandise supplied other than that (if any) available to them from their suppliers at the time such guarantee is invoked. Except as mentioned above the Company gives no warranty and no condition or warranty shall be implied whether under the Sale of Goods Act, 1983, or otherwise as to the fitness of the goods for any particular purpose or as to their quality or otherwise. The customer shall be deemed to have satisfied himself as to the quality of all merchandise ordered and to its fitness for the purpose for which it is required and to have relied exclusively on his own skill and judgement in ordering the same. The Company will not be responsible for any damage or injury direct, incidental or consequential to the customer or to other or to any property caused by or arising
out of or in connection with advice given, the supply of the appliances, goods or other merchandise or the installation repair or maintenance of and appliances, goods or materials notwithstanding that the same may be due to any defect inherent latent or otherwise may be or which may subsequently develop in appliances goods or other
merchandise supplied by the Company.
Cancellation and Variation of Orders
12.Orders once placed can only be cancelled or varied with the consent in writing of the Company and on terms which indemnify the Company against loss.
