|$ $ Terms and Conditions
"The Company" means Allied Outdoors LTD. "The Customer" means the company of persons who has contracted to buy goods from "The Company".
2.1 Payment is strictly 20th of month following invoice. No payment shall be withheld reduced or deferred on account of any claim, counterclaim of set-off or otherwise.
2.2 If payment in full is not made to "The Company" by the due date;
a) "The Customer" shall be in default under these conditions of sale and "The Comany" has the right to charge "The Customer" interest at the rate of 15% per annum (1.25% per month) from the date the account becomes overdue, on all monies deemed to be overdue at that date and shall be non-compounding. Such interest shall continue to accrue at such rate after judgement until this payment is made in full.
b) "The Customer" is liable for all expenses and legal costs incurred by "The Company" as a result of the default.
3.1 All good are stored and delivered at "The Customer's" risk Insurance is "The Customer's" responsibility.
3.2 Once the goods have been taken into possession by the carrier "The Company" has no responsibility to "The Customer" for any damage or deterioration of any kind caused by mishandling or arising from negligence by the carrier. All claims for damage, deterioration or mishandling by the carrier must be made by "The Customer" to the carrier.
4.1 Goods may be returned to "The Company" if:
a) All claims for faulty goods must be made within 7 days of delivery.
b) "The Customer" supplies the number of the invoice on which the goods were bought.
c) "The Company" reserves the right to credit on the value of the goods assessed.
d) No refunds or credits will be made on any goods sold as "seconds" or at sale price or classed as specials.
e) No refunds or credits will be made on goods specially ordered by the customer for goods not normally stocked by "The Company".
f) "The Customer" shall be liable for any price increases occurring prior to deilvery.
5.0 Retention of Title
5.1 Ownership of the goods shall not pass to "The Customer" untill "The Customer" has paid all that is owing to "The Company". Until ownership has passed "The Customer" holds the goods on behalf of "The Comapny" under the following conditions;
a) "The Company" is permitted to enter onto "The Customer" premises or premises where the goods may be placed to inspect and/or repossess the goods, without in any way being liable for any incidental damage.
b) "The Company" may repossess the goods at any time after:-
1. The due date for payment of any goods has expired; or
2. The commencement of winding up the "The Customer"; or
3. "The Customer" has committed an act of Bankruptcy; or
4. Any attempt by "The Customer" to enter into a debt compromise arrangement with "The Customer's" creditors; or
5. If "The Customer" sells the goods to a third party then "The Customer" is accountable to "The Company" for all the proceeds derived from such sale and shall hold such proceeds in Trust for "The Company" and must be held in a separate bank account.
c) "The Customer" agrees that in the event of goods supplied by "The Company" are installed then goods supplied by "The Company" may be removed in full or in part by "The Company".
6.0 Risk and Liability
a) "The Customer" bears the risk of any loss, damage to or deterioration of the goods due to any cause whatsoever from the time "The Company" give possession of the goods to the Carrier to the place of delivery.
b) The liability of "The Company" to "The Customer" or any third party shall in no case exceed the cost of the goods sold or at the option of "The Company", the replacement of such goods or goods of similar value.
7.0 Force Majeure
"The Company" shall not be liable for delayed delivery or non delivery of goods to "The Customer" occasioned by matters beyound it's control or by stoppage of labour from any cause or loss or damage arising from perils usually covered by insurance.
8.0 Change of Trading Entity
"The Customer" is liable to notify "The Company" in writing of any changes in the trading entity of "The Customer" and will be liable to complete a new application of credit.
9.0 Change of Terms of Trade
"The Company" has the right to change any or all of their terms of trade at any time by giving seven (7) days notice in writing to "The Customer". "The Company" shall be at liberty at all times to refuse the placement of an order or decline to approve any such application. |