Each sale is subject to these Conditions of Sale to the exclusion of any other Conditions whether expressed implied oral or written.
This means that goods must be paid for, in full,
Failure to pay will result in goods being held until payment is received in full.
The Company reserves the right to stop supply, at any time without prior notice on outstanding monies.
CONDITIONS OF SALE:
- The Company supplies goods on the condition that property in the goods does not pass until they have been paid for in full but the goods are at the risk of the Purchaser as soon as they have been delivered to or into the custody of the purchaser’s agent.
- Credit claims for incorrect quantities or quality of goods must be received within 7 working days of delivery.
- Credit claims for incorrect pricing must be received within 14 working days of invoice date.
- In the event of failure by the Customer to pay the amounts strictly within the applicable terms of trade the Purchaser shall be liable to pay or reimburse to the Company all recovery costs paid or payable by the company of whatever nature including (but not limited to) legal costs on a solicitor/own client basis, mercantile costs (including any fees, expenses, disbursements and/or commissions at a rate not exceeding a maximum of 15% of the total debt amount), bank charges, statutory or government fees, stamp duty, search costs or other disbursements.
- In addition any financial institutions duty, legal costs, stamp duty, and other government charges relating to establishment or operation of the Customer’s will be debited to that account and form part of the Customer’s liability to the company.
- The Company reserves the right to charge a 20% handling fee for goods returned in excess of customer requirements or incorrectly ordered by the customer.
- Goods bought in against order will only be credited if original supplier will accept same for credit, less a handling charge.
- Custom made and specialty products are non refundable and cannot be returned.
- The company warrants that the goods are fit for purpose. All other warranties and representations (including any made verbally) are excluded except those that comply with common law. The onus is on you to ensure that the good are suitable for your specific purpose.
- The Customer acknowledges that timber products of a particular trade description vary as to grain, colour hardness and other characteristics. If the customer wishes to match the characteristics of any product, it shall be its responsibility to purchase sufficient quantities of the product to allow it to select and match the product.
- The Company’s delivery records shall be the prima facie proof of delivery of the goods in good order and of the quality and description stated therein and shall be evidence of receipt by the Customer notwithstanding the absence of any representative of the Customer at the delivery site.
- Delivery of the goods shall be made at the curb alignment. The Company shall not be bound to deliver on site. Any entry on site shall be on the sole discretion of the Company. In the event of any such entry the Company shall not be liable in any way or manner whatsoever for any loss or damage or injury caused to / sustained by any person or persons arising out of or in any way connected with such entry and the Company shall at all times be indemnified and be kept indemnified by the Customer. It is the Customer’s responsibility to provide adequate signs and directions to enable the carrier to affect delivery. Failure to do so will render the customer liable for any additional cartage charges incurred.
- All prices are subject to market fluctuation and prices charged will be those ruling at date of delivery.
- All goods sold are subject to Manufacturer’s Guarantee and trading terms.
- To secure payment of all monies which may become payable by the Applicant to the Company, the Applicant hereby charges with the due payment of those monies all of the Applicant’s interest in real property both present and future and the Applicant consents to the Company lodging a caveats or caveats noting its interests hereunder.
- Where the company arrangers or refers an installer to fit goods supplied by us, you must contract separately with the installer. We will not be liable for any aspect of the installation of goods
- Failure to comply with any agreed terms of payment is a breach of contract and the Company may treat the whole contract as repudiated.
Without prejudice to any other of its rights, the Company may refuse to deliver further goods until the Customer has remedied its breach.
- Force Majeure the Company shall not be liable for any failure to perform or delay in performance of the contract by reason of, whether wholly or in part, any circumstances beyond its control.
Acceptance of goods is acceptance at the above terms.
No other conditions as implied by customer order, etc. will be considered unless accepted in writing by the Management.