STANDARD TERMS AND CONDITIONS OF SALE
Acceptance by “the Buyer” of products from Capital Egg Company Ltd hereinafter called “the Company” is, and shall be deemed to be, irrevocable acceptance of these conditions.
1.1 Terms of payment are net cash on or before the 20th day of the month following that in which the products or goods were delivered, unless alternative arrangements have been made with the Company.
1.2 All payments received will be credited against the oldest outstanding invoice – unless that particular invoice or transaction is in dispute.
1.3 The Company reserves the right to automatically cease supply of goods to the Buyer if the account is unpaid after the 20th of the month following invoice date unless otherwise arranged between the Company and Buyer.
1.4 The Company reserves the right to charge a TWO percent per month default interest charge on all accounts unpaid after the 20th of the month following invoice date.
Prices quoted are based upon rates and costs as at the date of the quotation. Prices may increase by the amount of any increase of any factors that may affect the cost of the supply, production and/or delivery of the goods due to circumstances beyond the control of the Company between the date of quoting, ordering of goods, and subsequent supply.
Unless otherwise stipulated by the Company any quotation may be withdrawn at any time by the Company. If not withdrawn, it remains open for acceptance for a maximum period of five (5) working days from the date of quotation, and thereafter shall be deemed to be withdrawn. The items mentioned in the quotation, together with these terms and conditions shall be the conditions of the contract.
Risk of any loss, damage or deterioration of or to the goods shall be borne by the Buyer from the time of delivery of the goods.
Delivery shall be made at the place indicated by the Company’s quotation. Unless noted on quotation, prices include the cost of effecting delivery by normal services used by the Company. All costs associated with any special delivery arrangements, requested by the Buyer, may be added to the price and paid by the Buyer unless otherwise arranged or agreed.
6. TAXES AND LEVIES
Unless expressly included in any quotation given by the Company, or unless provided otherwise by any Act of Parliament, an amount equal to any goods and services tax and any other taxes and duties assessed to, levied on or otherwise payable by the Company in connection with the supply of the goods in relation to any contract shall be added to the purchase price, and shall be payable by the Buyer to the Company, at the same time, and on the same conditions as the purchase price.
7. TITLE TO GOODS
Title to goods sold and delivered shall not pass from the Company to the Buyer until actual payment has been made in full for the goods (and in the case of payment made by cheque, until such cheque has been cleared) and for all other goods supplied by the Company to the Buyer.
If such goods are sold by the Buyer prior to title passing, the gross proceeds of any such sale, any other goods which proceeds are used to purchase, or the gross proceeds of the sale of any such other goods, as the case may be, shall be the property of the Company.
The Company may at any time prior to receiving payment in full, reclaim the goods and enter any property where the goods are held, and uplift the goods for resale or otherwise.
Any contract of supply between the Company and the Buyer shall terminate automatically immediately the Buyer, becomes insolvent, or a receiver or liquidator is appointed for the Buyer. In such event the Company shall have the right to immediately reclaim and repossess the goods and to claim payment for any goods used, the proceeds of which have not yet been delivered to the Company and the Buyer hereby authorises the Company to enter the Buyer’s premises for the purpose of giving effect to these provisions.
8. PERSONAL GUARANTEE
In the event of the Buyer ceasing to trade, through bankruptcy, receivership or any other reason, the applicant will be deemed as personally responsible for any outstanding debts in the Buyer’s name.
As between the guarantor and Capital Egg Company Ltd the guarantor shall for all purposes be treated as the principal debtor and Capital Egg Company Ltd shall be under no obligation to take proceedings against the customer before taking proceedings against the guarantor.
9. GENERAL LIEN
The Company shall be entitled (in the event of the Buyer defaulting from the above terms of sale), to a right of general lien on all goods whether or not delivery has been made or ownership has passed and a right of resale, provided the lien of the Company shall continue despite the commencement of proceedings or judgement for the price having been obtained.
10. VARIATIONS OF TERMS AND CONDITIONS
The Company may vary the above Terms by giving to the Buyer notice in writing to do so, and such varied terms and conditions shall apply to all contracts for the purchase of goods made thirty (30) days after the date of the latter from the Company giving such notice to the Buyer.
11. COLLECTION COSTS
The Buyer is liable for all expenses including legal costs incurred by the Company as a result of any default by the Buyer in meeting the Company’s standard payment terms.
The Buyer authorises the collection of information from any person or company that the Company may require in response to its credit inquiries. The Buyer further authorises the Company to give to any third party, details of this application and any subsequent dealings that the Buyer has with the Company as a result of his business relationship.
13. CONSUMER GUARANTEES ACT 1993
This agreement is subject to the Consumer Guarantees Act 1993, and in particular, the guarantees implied in this agreement by that Act. Nothing in this agreement is intended to negate or modify those guarantees. All other conditions, warranties, liability for loss or damage are expressly excluded. This provision does not apply where the Buyer acquires the Company’s goods for the purpose of a business.
ADDITIONAL TERMS WHERE THE BUYER ACQUIRES THE COMPANY’S GOODS FOR THE PURPOSE OF A BUSINESS
The Company shall not be responsible for any loss or damage to the goods being purchased by the Buyer as a direct or indirect result of delays caused by such events as war, strikes, lock-outs, non-delivery by the Company suppliers, act of God, or any other delays of a nature which are beyond the Company’s control.
Any claim for under supply of goods, damaged/spoilt product or mis-delivery must be made by the Buyer in writing no later than 24 hours after the receipt of the goods by the Buyer.
The Company may repay, replace, or pass a credit for the costs, in the case of the goods returned to it, pursuant to the Sale of Goods Act 1908. No other guarantee or warranty is given by the Company in respect of the goods. All rights, duties, or liabilities which might otherwise arise in respect of the sale of such goods and hereby negated.
In no circumstances whatsoever shall the Company be liable for any property damage, personal injury, direct or indirect loss, damage or expense howsoever suffered by the Buyer or any third party whether as a result of the negligence or otherwise of the Company, its servants or agents, in excess of the price paid by the Buyer for the goods.
Any goods which the Buyer has the right to return pursuant to these terms and conditions must be accompanied by the following information:
(a) The invoice/statement
(b) Date of purchase
(c) Reasons for return.