1 Application of Terms of Trade
These Terms of trade shall apply between Hardware Limited ("the company" and you ("the customer") for the sale of Goods and the supply of all services to you by the company unless otherwise agreed in writing. All price estimates will be given, and all orders for goods and services will be accepted, on the basis of these Terms of trade. If you accept delivery of goods from us, or deliver property to us for repairs or service, those actions by you will be deemed to be acceptance of these terms of trade, notwithstanding anything that may be stated to the contrary in your enquiries or your order.
2 Defined terms: Unless the context otherwise requires:
2:1 Goods mean all goods supplied from time to time by the company to you, on an order
form, packing slip or invoice.
2:2 Terms of Trade means these terms of trade as may be amended or substituted from
time to time.
2:3 You, yours and your are references to the customer as recorded on the company’s
credit application, and if more than one person comprises the customer, then they
include references to those persons jointly and severally
2:4 Us, our and ours are references to the company
2:5 GST means Goods and Services Tax as defined by the GST Act 1985
3 Prices: Stated or Quoted
3:1 Are exclusive of GST. GST will be payable by you at the rate applicable at the time
of supply as an additional amount on all prices, interest and charges.
3:2 Are based on current costs, exchange and duty rates. Therefore we reserve the right
to alter prices should any of these factors change after an order is placed.
3:3 May be altered buy the company without notice, and the actual price of Goods and
services ay be different from prices estimated when ordered
3:4 Not withstanding reasonable efforts being made to advise of such changes which will
be determined by the company.
4Payment
4:1 Full payment of goods is due on the 20th of the month following. Without prejudice
to any other remedies available to us
- You shall pay (at the companies discretion) interest on the amount due at a rate of 2% per month calculated on a daily basis from the due date until the date the payment is received in full by us. Any payments received by us will be firstly applied against such additional interest. You shall further be liable to reimburse us for any costs (including legal costs as between solicitor and client) incurred by us in recovering monies due or enforcing any of our rights pursuant to these terms of trade.
- B) At the company’s discretion we may withhold or cancel supply of any further goods or services.
4:2 Your payment obligations to us under these terms of trade shall be made free of all
deductions, rights of set-off or counterclaim.
4:3 If the company shall at any time deem your credit to be unsatisfactory, we may
require further security for payment, and may suspend performance of our
obligations under any contract until the provision of sufficient security from you.
All costs and expenses incurred by the company as a result of such suspension and
any recommencement shall be payable by you on demand.
4:4 Receipt of a cheque, bill of exchange, or other negotiable instrument by the
Company shall not constitute payment and you shall be liable for the full contract
price until such time as said cheque, bill of exchange or other negotiable instrument
is honoured in full.
5 Place and Manner of delivery
5:1 Delivery of the goods to you (delivery) shall be at the place of business of the
customer, unless otherwise informed. Once delivered all insurance, transit and
storage of goods are at your cost.
5:2 Once the goods have left our store they are considered delivered.
5:3 All delivery charges in to and out of store will be passed on at the discretion of the
company.
5:4 The company accepts no liability where delivery of goods within any time period is
prevented or hindered by reasons of delays in manufacture, supply or transportation
or other circumstances beyond the control of the company.
6 Return of Goods
6:1 Except as provided in this clause, liability is limited to either (at the companys
discretion) repairing or replacing of goods , or refunding the purchase price,
provided that:-
- You must notify the company within 5 working days of delivery that the goods are defective.
- The company is given a reasonable opportunity to investigate your claim
- The company will not be liable for goods that have been tampered with or modified without eth company’s approval or which have not been stored or used in a proper manner and must be returned in an as new condition.
- The company shall not be liable for any amount more than the amount (if any) the company actually receives form the supplier of the defective goods.
6:2 The company may (at its discretion0 accept goods for credit, but his can incur a
handling fee of such amount as the company may determine (and notifies you) and
the amount of any credit will be less any freight costs.
7 Passing of Risk in the goods
The goods remain at the company’s risk until delivered to you. Where delivery is
delayed because of your fault, the goods shall be at your risk as regards any loss
which may occur due to such delay.
8 Passing of Title in the Goods
Title of the goods passes to you when payment for those goods and or services
(together with any additional interest and or charges as set out in these terms of
trade) have been made in full by way of cleared funds.
9 Retention of title in the Goods
You agree that title of the goods shall not pass to you until full payment has been
made in full. Until such time as title passes to you:-
9:1 You will hold the goods or any of them on trust for the Company as bailee of the
Company.
9:2 You will store the Goods separately from any other goods in your possession in a
manner as to prevent deterioration and will clearly distinguish and identify the
goods as the Company’s goods.
9:3 The Company may give notice in writing to return the goods to the Company.
Upon receipt of such notice, your rights to obtain title or any other proprietary
interest in the goods shall cease.
9:4 If you fail to return the Goods to the Company, then the Company or the
Company’s agent shall have your authority and licence to enter upon and into
buildings and premises owned, occupied or used by you where the Goods are
situated and to take possession of the goods for removal.
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