1. Application. These Terms & Conditions of Sale issued
on 12th October 1999 shall apply to all future sales of goods
without exception, and supersede any previous issue.
2. Price variation. Price applicable to the sale of goods by
the Company to the customer shall be the price ruling at the
date of despatch. The Company therefore reserves the right to
amend prices quoted at the date of the placing of an order by the
customer notifying the customer in writing.
3. Carriage. The Company reserves the right as part of a
contract of sale to impose such carriage charges as shall be laid
down by Company Policy. The Company has sole choice of
method of delivery and of carrier or carriers employed.
4 Despatch. Despatch times are quoted without engagement,
although every endeavour will be made to adhere to the times
quoted. Under no circumstances shall the Company be liable for
any loss arising from delay in despatch howsoever caused. Time
shall not be of the essence of any contract of sale.
5. Damage and Loss in Transit.
(i) The Company accepts no liability for any damage to goods
in transit unless notified to the Company within twenty four
hours after delivery.
(ii) In the case of non-delivery the Company accepts no liability
of any sort unless notified within 48 hours of despatch.
(iii) The Company's liabilty for damagein transit or non-
delivery of goods duly notified to it in accordance with the
above, shall in any event be limited solely to replacement of the
goods within a reasonable time whether non-delivery or damage
is due to the Company's negligence or otherwise.
(iv) If goods are to be returned for any reason, a delivery note
number must be quoted.
(v) In circumstances where goods need to be returned due to
customer erroe, the Company retains the right to authorise their
collection, or return by the customer. In certain circumstances
there will be a 15 restocking and handling charge, as well as
any charges imposed by the manaufacturer of the goods.
(vi) Goods not in condition for resale will not be accepted for
6 Claims. Subject to the provisions of condition 5. all claims
for goods alleged to be defective may be required to be returned
to the Company for inspection. Should the Company be satisfied
as to the defects then it retains the option to either replace the
defective goods within a reasonable time or credit the customer
with the contract price. All defective goods so returned shall
be the property of the Company, except as provided above, the
Company shall have no liabilty whatsoever arising out of any
agreement to sell or sale of goods including claims for direct
consequential or other loss, damage or expense, whether arising
or alleged to arise under any warranty statement, conditional
terms expressed or implied. statutory or otherwise. or in
negligence or alleged negligence on the part of the Company or
otherwise. In no circumstances shall the Company be liable for
loss or damage in excess of the contract sale price.
7. Risk and Title.
(i) Risk of loss of or damage to the goods shall pass to the
customer at the time of delivery.
(ii) The legal and beneficial ownership of the goods shall not
pass to the customer until payment in full of all sums due and
owing by the customer to the seller in respect of the goods is
(iii) It is not commercially viable to individually identify each
item sold with a serial or other mark. Therefore until full
payment, the customer shall not mix or store the goods with
any other goods in his possession and shall take all reasonable
steps to ensure that the goods remain readily indentifiable as the
property of the Company. Where the property of the Company
is not kept separately, and in the case of a retention of the title
claim against a receiver or liquidator. the Company shall not
be required to prove that an item of merchandise still evident is
directly attributable to a particular unpaid invoice, but merely
establish that, by virtue of F.I.F.O stock rotation. any goods in
evidence of the type which is unpaid for. may be reasonably
stated to be those goods which are unpaid for. and thus to be said
to be the property of the Company.
(iv) In the event that the Company's goods are sold or provided
to a third party by way of trade or otherwise, the Company
reserves the right to garnish sequester or otherwise hold security
over any funds payable by the third party in respect of those
goods. The customer shall allow full access to any books and
records which shall help establish the identity of such third party,
and the means for securing and identifying such payments as
relate to the Company's goods.
9. Intepretation. Any agreement between the Company and
the purchaser shall be subject and governed by the domestic law
10. Purchaser is soley responsible for the payment of any import duties & taxes