TERMS AND CONDITIONS
GENERAL
Prices
Payment
The acceptance by the Company of any cheque or negotiable instrument shall not constitute payment unless and until the same has been honored.
Without prejudice to any other rights of action the Company may have, unless payment is made to the Company on the due date for payment, the Customer’s account will be automatically suspended until it is brought within the Terms and Conditions of Sale (unless otherwise arranged and confirmed in writing by the Company such as a bona fide dispute). The Customer agrees to pay interest to the Company on all overdue charges at the rate of 1.5% per month payable monthly (or such lesser rate as the Company may specify in writing) from the due date for payment until actual payment thereof, excepting any bona fide dispute which has been set aside.
In the event of an account not being paid by the due date the Customer will pay to the Company all debt collection agency costs and legal fees (on an indemnity basis) incurred by the Company in obtaining payment of the amount from the Customer. In addition, interest is payable on such debt collection agency costs and legal fees at the cumulative rate of 1.5% per month calculated monthly from the date on which they are paid by the Company until payment of the same by the Customer to the Company.
Assignment
Delivery
No claim for damage in transit or shortage in delivery will be considered in cases where the Company has agreed to deliver the Goods to the Customer unless a separate notice in writing is given to the carrier concerned and the Company immediately the Goods are received followed by detailed and complete claim in writing within 2 trading days of delivery. In the event of loss or destruction of the Goods in transit, advice of non-delivery must be submitted in writing to the carrier and to the Company within 7 days of the date of consignment as advised by the Company to the Customer.
Any period or dates quoted for delivery are to be regarded as approximate only and the Company accepts no liability for any loss, injury damage or expenses consequent upon any delay in delivery of Goods. Delay due to circumstances not reasonably within the control of the Company shall not entitle the Customer to cancel any order or to refuse to accept delivery.
Notwithstanding that the title to the Goods may not have passed, the risk in the Goods shall pass to the Customer upon delivery.
When the Company is required to procure overseas Goods to fulfil an order, the order is subject to confirmation by the Company and it is also subject to an import license being available if and when required.
Force Majeure
Insurance
Cancellation of Order
Upon a Customer placing a special order or an indent order of Goods that are of a special nature or quantity, the Customer will be deemed to have invited the Company to allocate or order Goods or additional production time for its fulfilment and to have agreed that the Customer’s order will be irrevocable pending acceptance or rejection by the Company within a reasonable time.
Returns
The Customer may return authorized Goods or parts (“items”) using the shipping method of its choice and is responsible for the return shipping charges. The Company recommends that the Customer insures the return shipment as the Company cannot be responsible for damaged or lost shipments. Used or otherwise altered items not in new condition are not eligible for credit. All returns must be received within 45 days of the original order or a credit cannot be issued. Upon receipt of your returned items the Company will inspect them, return them to inventory if in new unused condition and issue the Customer with the credit according to the conditions of the applicable Cancellation of Order.
Ownership
Until payment in full of such indebtedness for all Goods has been made to the Company, the Customer acknowledges and agrees that: (i) it holds the Retained Goods as fiduciary and bailee agent for the Company; (ii) it will store, at all times, the Retained Goods separately from its or any 3rd party’s goods so that they remain identifiable; (iii) it will not encumber or allow any charge or security interest over the Retained Goods except as provided in these Terms and Conditions of Sale; (iv) it will insure the Retained Goods; and (v) the Company is permitted to enter into the Customer’s premises without prior notice to inspect and/or repossess the Retained Goods, and to keep or resell any of the Retained Goods repossessed.
If the Customer manufactures, intermingles or deals with the Retained Goods in such a manner that they become an integral part of any other object (Processed Goods) then the Customer holds these Processed Goods on trust for the Company to the extent the Retained Goods are incorporated or used to produce the Processed Goods, until payment in full of such indebtedness for all Goods has been made to the Company.
Unless otherwise directed by the Company, the Customer may, on behalf of the Company, sell the Retained Goods and Processed Goods to a third party in the normal course of trade. The Customer is accountable to the Company for the proceeds derived from the sale of Retained Goods, and in the case of Processed Goods, to the extent the Retained Goods are incorporated or used to produce the Processed Goods. The Customer shall hold such proceeds in trust for the Company in a separately identifiable account for the Company’s benefit and must give the proceeds to the Company when asked.
The Customer must maintain separate records in relation to the Retained Goods and Processed Goods, and make these records, Retained Goods, and Processed Goods available for the Company’s inspection at any time on reasonable notice to the Customer.
Confidentiality
No public announcement or press release relating to the Company or the Company’s products is allowed without the Company’s prior written consent, which will not be unreasonably withheld.
Warranty
Unless otherwise stated in writing, where an extended warranty is taken on any Goods, the scope of that warranty will be as per the standard warranty for the extended period taken. An extended warranty may only be taken on new Goods and cannot be taken retrospectively. Any payment for extended warranty must be made at the time of the original product purchase.
Liability
Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions of Sale by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Terms and Conditions of Sale excludes, restricts or modifies any condition, warranty, right or remedy that cannot be excluded, restricted or modified.
The Company’s liability for any other liability that has not been excluded, or breach of a condition or warranty that can not be excluded, is limited, at the Company’s option, to re-supplying or paying the cost of re-supplying services and repairing, replacing or paying the cost of repairing or replacing Goods. The Company’s liability will exclude any indirect, incidental, special or consequential damages or loss, including loss of revenue, profits, savings or data. It does not matter whether the damage or loss was foreseeable, arose from negligence, and even if warning was given of its possibility.