1. Whilst every reasonable effort shall be made to adhere to agreed delivery dates time of delivery shall not be of the essence.
2. Delivery dates are estimates only and seller shall not be liable for any losses, costs, damages or expenses incurred by Buyer or any other person or company howsoever arising, whether directly or indirectly, out of any failure to meet any estimated delivery date.
4. Failure to provide a valid delivery address to the Seller may incur a 5% merchant banking charge
OWNERSHIP & RISK
1. The ownership of the Goods passing under this contract shall remain with the Seller who reserves the right to dispose of the Goods until payment in full for the said Goods has been received by the Seller.
2. The risk in the Goods for insurance purposes shall pass to the Buyer:- a) When the Seller delivers the Goods in accordance with the terms of this contract to the Buyer or its agents or other persons to whom the Seller has been authorized by the Buyer to deliver the Goods or b) If the goods are appropriated to the Buyer but kept at the Sellers premises at the Buyers request the Seller shall have no responsibility in respect to the safety of the Goods thereafter and accordingly the Buyer should insure the Goods thereafter against whatever risk it considers appropriate.
3. If payment due in accordance with the contract is overdue in whole or in part the Seller may without prejudice to any of its other rights recover or resell the Goods or any of them and may enter upon the Buyers premises by its servants or agents for that purpose. The Buyer shall be liable for all the Sellers costs in so doing. 4. Such payment shall become due immediately upon commencement of any act or proceeding in which the Buyers solvency is involved.
CANCELLATION & RETURNS
1. The cancellation of an order by Buyer shall not be effective without the prior consent of Seller and upon any cancellation the Buyer shall pay to the Seller such sum as is reasonable in respect of work done and materials ordered or supplied.
2. No return Goods can be accepted unless a goods return number from Seller by Buyer and is clearly shown on returned parcels.
3. Seller reserves the right to levy a handling and re-stocking charge of 10% on Goods accepted for return if they were ordered in error or are no longer required.
4. Buyer will be liable for the cost of remedying damage to Goods returned where such damage has in the opinion of Seller been caused by Goods being inadequately packaged by Buyer.
SUITABILITY
1. Except where the Buyer and Seller have expressly agreed in writing the Buyer is deemed to have satisfied himself as to the suitability of the Goods for which the Buyer requires them and the Buyer so warrants the Seller.
SHORTAGES & DAMAGE
1. The Buyer shall inspect the Goods immediately upon delivery.
2. Notification of damage or wrongly shipped Goods or incompletely shipped Goods must be made within 5 days of delivery. Any claim made outside 5 days will not be accepted.
3. Any Goods in respect of which a claim is made shall be preserved by the Buyer intact as delivered and at Buyers risk for a period of 10 days within which time Seller or its agent shall have the right to inspect the Goods.
4. All original packing must be retained until inspected by Seller or its agents.
