| Privacy and Security |
| 1. THE PARTIES The Seller: Us The Buyer : The company purchasing any goods from the Seller 2. THE BARGAIN The Seller shall sell and the Buyer buy the goods and subject to the express terms set out within these conditions. 3. PREVAILING CONDITIONS a. All orders accepted only upon these Conditions which shall override any terms or conditions howsoever incorporated or referred to by the Buyer. b. No alteration or addition to these Conditions shall be incorporated into this Agreement unless expressly accepted by an authorised representative of the Seller in writing. c. These Conditions constitute all the terms of the Agreement between the parties and no other terms or conditions shall apply whether oral or in any separate order, confirmation or otherwise and any separate order or confirmation or otherwise and any statutory or other condition is hereby excluded. d. All quotations are subject to withdrawal or amendment at any time prior to the Seller's acceptance of the Buyer's order. e. The Seller shall not be bound by any clerical or arithmetical errors in any pricelist, invoice statement, quotation or any other documentation whatsoever. 4. PRICE a. All goods are sold at prices ruling at the date of despatch and may vary at the Seller's discretion from those originally quoted or shown in the Seller's current pricelist or brochure or advertising material. b. Prices may also vary on a daily basis due to the currency exchange mechanism. c. The buyer is liable to pay any Value Added Tax which may be imposed on the goods. 5. PAYMENT a. The Buyer shall make payment in full for the goods. b. When a Letter of Credit is issued, the words Irrevocable and Confirmed & At Sight shall be prevalent. The Seller reserves the right to ask the Buyer to change the Buyer's bank issuing the L/C in the interest of the Seller. 6. COMPLAINTS No claims regarding alleged defects to goods shall be considered by the Seller unless the origin of the defect is due to manufacturer's fault. 7. THE GOODS The goods which the Seller offers for supply are designed for the purposes described in the Seller's trade literature and are subject to any limitations contained therein. No warranty will be given that the goods are fit for any other purpose. 8. INTERVENING EVENTS The Seller shall not be liable for any breach of this Agreement caused by the Seller's inability to produce materials or articles required for the performance of the Agreement or caused directly or indirectly by anything outside the Seller's reasonable control including without limitation to the generality of the foregoing, war, hostilities, government action, breakdown, delay in transportation, any form of labour dispute, fire, flood or act of God. 9. THE BUYER'S POSITION The Buyer shall not be entitled to withhold payment of any such amount allegedly payable by the Seller because of any disputed claim of the Buyer against the Seller nor shall the Buyer be entitled to set off against any amount payable any monies which are not presently payable by the Seller or for which the Seller disputes liability. 10. PASSING OF RISK AND RETENTION OF TITLE a. Risk in the goods shall pass to the Buyer upon delivery b. Notwithstanding the above condition the property in the goods shall remain with the Seller until full payment of all monies owed to it by the Buyer for the order governed by these Conditions shall have been received or until prior resale. 11. DESCRIPTION Every care has been taken to ensure that the descriptions and specifications are correct at the time of going to press, but we reserve the right to amend such details without prior notice. |
|
| Spare Parts Policy |
| Spare parts will be provided continually for around 10 years after which special request will be entertained for producing the required parts. This applies mainly to the construction equipment. |
|
| Shipping and Handling |
| a. The time of delivery shall not be of the essence of the contract and failure by the Seller to make delivery on any particular date shall not entitle the Buyer to terminate this Agreement or refuse the delivery or to claim for any expenses, loss of profits or other consequential losses whatsoever. b. The delivery address must be stated on the Buyer's official purchase order, any changes to the stated address must be made in writing on an official letterhead to the Seller not less that 5 working days before the delivery date. c. Where shipping is involved, the Seller shall deliver the goods ex-works for the Buyer's freight forwarder to collect. The Seller's shall not be responsible for packing. Any accident resulting from leaving the Seller's warehouse shall not be the responsibility of the Seller. |
|
|
|
