1. ACCEPTANCE
IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE CONDITIONS AND THOSE IN YOUR PURCHASE ORDER, THESE CONDITIONS SHALL PREVAIL. ANY OTHER CONDITION IN YOUR PURCHASE ORDER WHICH IS NOT INCONSISTENT WITH BUT NOT INCLUDED IN THESE CONDITIONS OF SALE SHALL BE WITHOUT EFFECT, UNLESS WE HAVE EXPRESSLY CONFIRMED IT IN WRITING.
2. DELIVERY
A) UNLESS OTHERWISE STATED WE WILL CHARGE YOU EXTRA FOR CARRIAGE AND PACKING. WE WILL APPLY A STANDARD CARRIAGE AND PACKING CHARGE AT THE RATE PREVAILING FROM TIME TO TIME. WE WILL CHARGE YOU AT COST FOR SPECIAL DELIVERIES (E.G. TIMED DELIVERIES).
B) ALTHOUGH WE WILL TAKE ALL REASONABLE STEPS TO DELIVER THE GOODS WITHIN THE DELIVERY PERIOD SPECIFIED WE ACCEPT NO RESPONSIBILITY FOR FAILURE TO DO SO.
C) WE RESERVE THE RIGHT TO DELIVER IN MORE THAN ONE SHIPMENT AT OUR DISCRETION.
3. PAYMENT
A) ALL ACCOUNTS ARE PAYABLE ON DEMAND BUT IN ANY CASE YOU MUST PAY US NO LATER THAN 30 DAYS FROM END OF MONTH FOLLOWING INVOICE DATE.
B) WE RESERVE THE RIGHT TO SUSPEND DELIVERIES WHERE WE DO NOT RECEIVE PAYMENT IN ACCORDANCE WITH PARAGRAPH (A) OF THIS CLAUSE OR IN ACCORDANCE WITH ANY ALTERNATIVE ARRANGEMENT TO WHICH WE HAVE AGREED IN WRITING. IN SUCH A CASE YOU MUST PAY INTEREST ON THE UNPAID AMOUNT FROM THE INVOICE DATE UNTIL PAYMENT IS MADE AT THE RATE SET BY CURRENT LATE PAYMENT LEGISLATION.
C) WE MAY ALSO WITHDRAW THE CREDIT TERMS REFERRED TO IN PARAGRAPH (A) OF THIS CLAUSE AND SUBSTITUTE CASH WITH ORDER TERMS.
D) ALL OUR LIABILITY TO YOU IS SUBJECT TO THE TERMS OF PAYMENT AND STRICT OBSERVANCE OF ALL OTHER OBLIGATIONS UNDER THE CONTRACT.
4. LOSS AND DAMAGE IN TRANSIT
WE WILL REFUND THE COST OF, OR AT OUR DISCRETION, REPLACE OR REPAIR FREE OF CHARGE ANY OF THE GOODS PROVED TO OUR SATISFACTION TO HAVE BEEN LOST OR DAMAGED IN TRANSIT, UP TO THE MOMENT OF DELIVERY. WE WILL NOT ACCEPT A CLAIM UNLESS WITHIN THREE DAYS AFTER RECEIPT OF THE GOODS IN THE CASE OF DAMAGE, OR WITHIN TEN DAYS OF RECEIPT OF THE INVOICE IN THE CASE OF LOSS, YOU MUST NOTIFY BOTH US AND THE COURIER IN WRITING OF THE NATURE AND EXTENT OF THE OCCURRENCE.
5. GUARANTEE
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS.
6. FORCE MAJEURE
IF DELIVERY IS DELAYED BY ANY CAUSE BEYOND THE REASONABLE CONTROL OF THE SELLER, A REASONABLE EXTENSION OF TIME FOR DELIVERY SHALL BE GRANTED AND YOU MUST PAY ANY REASONABLE EXTRA CHARGES OCCASIONED BY THE DELAY.
7. TITLE
A)RISK IN THE PRODUCTS PASSES TO YOU ON DELIVERY, BUT THE OWNERSHIP OF THE GOODS REMAINS WITH US UNTIL YOU HAVE PAID ALL SUMS OWING TO US WHETHER UNDER THIS CONTRACT OR ANY OTHER CONTRACT.
B) WE RESERVE THE RIGHT TO REPOSSESS ANY OF THE PRODUCTS SUPPLIED AS LONG AS ANY MONIES UNDER ANY CONTRACT ARE OUTSTANDING AND FOR THIS PURPOSE YOU GRANT US AND OUR EMPLOYEES AND AGENTS THE IRREVOCABLE RIGHT AND LICENSE TO ENTER UPON ALL OR ANY OF YOUR PREMISES WITHIN OR WITHOUT NORMAL BUSINESS HOURS.
8. PRICE VARIATION
A)WE RESERVE THE RIGHT WITHOUT NOTICE TO ALTER THE PRICE OF GOODS DUE TO CIRCUMSTANCES BEYOND OUR CONTROL AND TO CORRECT ERRORS AND OMISSIONS.
B) UNLESS OTHERWISE STATED PRICES ARE FOR A SINGLE CONSIGNMENT TO A SINGLE ADDRESS.
C) IF YOU REFUSE TO ACCEPT AGREED CALL OFFS, WE RESERVE THE RIGHT TO AMEND THE PRICE STRUCTURE IN ACCORDANCE WITH THE QUANTITIES DELIVERED. |
