1.
DEFINITIONS OF LAW
i. The complete contract is the document
or documents that set out the terms
and conditions and all other details
relevant to a particular transaction
and is hereinafter referred to as
the 'Contract'.
ii. The goods sold by the Seller to
the Buyer shall hereinafter be referred
to as 'The Goods'.
iii. The person, firm, company, corporation
or public authority shown overleaf
as the invoice is 'The Buyer'.
iv. The parties to the Contract are
the Seller of the Goods and the Buyer.
v. The person, firm, company, corporation
or public authority responsible for
delivery of the goods to the delivery
address, including the Seller when
the Seller delivers, shall hereinafter
be referred to as 'The Carrier'.
vi. The person, firm, company, corporation
or public authority to whom the goods
are delivered when it is not the Buyer
is hereinafter known as 'The Recipient'.
vii. This Contract shall be governed
by and construed in accordance with
the law of England
2. RISK AND TITLE OF GOODS
i. The risk in the goods shall pass
to the Buyer immediately on delivery
to the Buyer of to the Recipient.
ii. The property in the goods shall
remain vested in the Seller, and the
Seller reserves the right to dispose
of the goods, until such time as the
price thereof shall have been paid
in full. If such payment is overdue
in whole or in part, or if the Buyer
is in breach of any of the terms of
this agreement, or if any act of proceeding
in which the Buyer's solvency is involved
is commenced, the Seller may (without
prejudice to any of the Sellers other
rights) recover or resell the goods
or any of them and may enter upon
the Buyer's land and premises by the
Seller's agents for that purpose.
3. RECEIPT
The Buyer, or recipient on behalf
of the Buyer, shall receive and unload
the goods and shall check the same
for quantity and condition in the
presence of the Carrier. If there
is a shortage, or if the goods are
in an unsatisfactory condition, the
Buyer or the Recipient must so endorse
the Carrier's delivery document and
must give separate written notice
thereof to the Seller within three
days of delivery. If this condition
is not observed, no claim in respect
of shortage or unsatisfactory condition
of the goods will be entertained and
the Seller's liability is therefore
limited accordingly.
4. PRICE
Goods are sold by the Company on the
condition that the price of each item
contained therein shall be the Company's
relevant standard selling price so
established on the date of despatch
of the goods and all quoted prices
for goods shall be subject to amendment
accordingly.
5. PAYMENT
Where monthly account facilities have
been granted to the Buyer in writing
all invoices must be paid by the last
day of the month of delivery, where
no such facilities have been granted
payment will be with or where previously
agreed on delivery. Where these facilities
are exceeded the Seller shall be entitled
to interest on the amount that is
overdue at the H.S.B.C. Bank Rate
plus 4% calculated on a day to day
basis. This shall be without prejudice
to any other rights or remedies of
the Seller. Any legal charges incurred
in the recovery of money or Equipment
will be paid by the Buyer.
6. ACCEPTANCE OF TERMS
Taking delivery of the goods or part
thereof shall imply acceptance by
the Buyer of these conditions if he
has not otherwise accepted the same.
7. CANCELLATION
Cancellation of orders will only be
accepted on condition that all expenses
incurred by the Seller up to the time
of cancellation, including loss of
profits, will be reimbursed in full
by the Buyer forthwith.
8. WHEN SIGNATURE FOR RECEIPT OF
GOODS BECOMES OPERATIVE
Where, for administrative convenience,
the Buyer or his agent is requested
by the Seller to sign a contract and/or
delivery not before the goods are
handed over the Buyer or his agent
agrees to examine the goods at the
time or physical hand-over and the
effect of such signature in respect
of receipt of the goods will not become
operative until immediately after
the physical hand-over.
9. RIGHTS RESERVED
Any failure of the Seller to enforce
any or all of these conditions shall
not be construed as a waiver, of any
of the Seller's rights.
10. TERMS OF CONTRACT
These conditions have effect in substitution
for, and to the exclusion of, any
condition put forward by the Buyer.
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