STANDARD CONDITIONS OF SALE

The following Standard Conditions of Sale shall govern this transaction except as otherwise specifically agreed in writing by the buyer and the seller:-

  • QUOTATIONS:
    1. Quotations are subject to confirmation on receipt of orders.
    2. All prices quoted or accepted are exclusive of Value Added Tax and the contract price shall be such prices plus V.A.T.
  • TERMS:
    1. Net cash by the 18th of the month following the month of delivery.
    2. In the case of the contracts involving more than one delivery, if default is made in payment on due date for any one delivery, the seller at his option shall be entitled to treat the contract as repudiated by the buyer and to claim damages accordingly.
    3. Contracts once accepted cannot be cancelled nor amended except by mutual agreement and then only on terms which would fully indemnify the seller.
    4. No terms, conditions or warranties put forward by the buyer shall be incorporated into this transaction by implication or by any wording contained in the buyer’s order or howsoever otherwise.
  • DELIVERY:
    1. Where contracts provide for a single delivery without specifying a date goods shall be delivered and accepted within 14 days of their being ready.
    2. Where contracts provide for deferred deliveries all the deliveries shall be accepted within six months of the date of order. In the event of failure to accept any delivery, that delivery will be deemed to have occurred and storage costs charged to the customers account the goods being held at the customers risk.
    3. Each delivery shall constitute a separate contract and any failure or defect in any one delivery shall not vitiate the contract as to the remaining deliveries.
    4. The seller shall have the option of revising the delivery date or dates prior to manufacture if circumstances beyond the sellers control prevent the seller keeping to the originally agreed date or dates. The seller will use its best endeavours to comply with any date or dates for despatch or delivery of the goods but such date or dates shall not be taken to be the essence of the transaction but merely statement of expectation and therefore not binding on the seller. The seller shall not be liable to the buyer for any loss of profit production or any other consequential loss or damage which the buyer may sustain due to the late delivery or non-delivery of any goods ordered by the buyer.
  • QUANTITY VARIATIONS:
    1. A shortage or surplus charged pro rata not exceeding 10 per cent where the board content does not exceed 10 tonnes and not exceeding 7.5%, where the board content exceeds 10 tonnes will be considered due execution of any contract except as otherwise specifically agreed in writing by the seller and the buyer. Where an order provides for delivery by instalments, then, for the purpose of this clause, these instalments shall be aggregated.
  • Etc:
    1. All sketches and origination work remain the property of the seller.
  • CUSTOMER REQUIREMMENTS, PRINTING AND CONSTRUCTION:
    1. Alterations from original copy on and after first proof including alterations in style of construction will be charged extra. Proofs of all work maybe submitted for customers approval and no responsibility will be accepted for any errors in proofs which may be passed by him. The customer shall be solely responsible for any matter which the seller prints on the goods on the instruction or at the request of the customer whether the same shall have been supplied by the seller or by the customer and solely responsible for any claim or proceedings made or brought by a third party arising therefrom.
  • CLAIMS:
    1. Complaints or claims will only be entertained if lodged by the buyer within thirty days of receipt of goods by him, or if related to the transport of the goods within such time as will enable the seller to comply with the time limit and procedure of the Railway Companies or other carriers by whom the goods were transported. The return of goods will not be accepted unless the seller or his representative shall first have had the opportunity of examining same.
  • COST VARIATION:
    1. The price is subject to revision in the event of any increase in the cost incurred by the seller between the date of confirmation of the order and the date of delivery to the buyer.
  • BUYERS PROPERTY:
    1. Buyers property when supplied will be held at buyers risk. Every care will be taken to ensure the best results where materials are supplied by the buyer, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied.
  • MATERIAL:
    1. Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for, the contract is not a contract of sale by sample.
  • FORCE MAJEURE. ETC:
    1. The performance of all contracts is subject to variation or cancellation by the seller owing to any Act of God, war, strikes, lock-outs, fire, flood, drought, tempest or any other cause beyond the control of the seller, or owing to any inability by the seller to procure materials, or articles required for the performance of the contract, and the seller shall not be held responsible for any inability to deliver caused by any such contingency.
  • Ownership of goods shall pass only when payment has been received in full and all cheques cleared.