Terms of Trade
Terms of Trade
Baxter & Neilson Plumbers Ltd, 25 Bond Street, Invercargill.
Conditions of Sale:
1. PRICES
Prices unless otherwise stated, are subject to change to seller’s price on date of delivery.
2. PAYMENT
Payment is strictly on the 20th of the month following the date of invoice, and/or dispatch of the goods and/or services, unless there has been prior written agreement to other payment terms. If payment is not made on or before the due date a 10% late payment fee will apply per month that the invoice is not paid, and collection cost will also be added and payable by the customer.
3. SUSPENSION
The Seller reserves the right to suspend or terminate this contract in the event that it deems the credit of the Buyer to be unsatisfactory, or if the Buyer is in default of payment of other moneys due to the Seller, or due to exchange control or other restrictions where prompt payment of the price shall be uncertain.
4. RISK
The risk of any loss or damage to or deterioration of the goods due to any cause whatsoever shall be borne by the Buyer from the time of delivery by the Seller to the Buyer or to a carrier for delivery to Buyer.
5. DELIVERY
The Seller reserves the right to suspend or terminate this contract in the event that it deems the credit of the Buyer to be unsatisfactory, or if the Buyer is in default of payment of other moneys due to the Seller, or due to exchange control or other restrictions where prompt payment of the price shall be uncertain.
6. CONTRACT
The forms hereof and any forms set out by the Seller shall be included as terms in any contract resulting between the parties and in the case of any conflict arising between either the terms stated on the invoice or the terms on the Buyers order and these terms and conditions then these terms and conditions shall prevail. All other warranties, descriptions, representations and conditions as to the fitness or suitability or otherwise (whether of a like nature or not) and whether express or implied by law, trade custom or otherwise are expressly excluded. No agent or representative is authorised to make any representation, statement of warranties, conditions or agreements not expressly set forth in the order confirmation and the Seller is not in anyway bound by any such unauthorised statement nor can any such statement be taken to form part of a contract with the Seller collateral to the main contracting. The intended use for the products or goods must clearly be stated by the Buyer to the Seller and any special requirements of the products or goods or any unusual use to which they may be put must be expressly stated in writing by the Buyer and accepted in writing by the Seller.
7. PROPERTY
Property in the goods shall pass from the Seller to the Buyer on payment of the price. If the Buyer defaults in the due payment of the purchase price the Company without prejudice to any other right is has at law or in equity may suspend or terminate the contract and the Seller also reserves the right to enter upon the premises where the goods are situated and take possession and remove the same without being responsible for any damage thereby caused and the Seller may resell such goods and apply the proceeds towards payment of the contract price. All costs and expenses of or incurred by the Seller as a result of any such action shall be payable by the Buyer on demand.
8. CLAIMS
The liability of the Seller whether in contract or in tort for any loss, damage or injury arising from any defect or non-compliance of the goods supplied is limited to replacement or repair of such goods or damages not exceeding the invoice value of such defective or non-complying goods at the option of the Seller. The Buyer shall indemnify the Seller against any claims by the Buyer’s servants, agent’s customers or other persons whosoever in respect of any loss, damage or injury arising from any defect or non-compliance of the goods supplied to the Buyer. The right to reject non-conforming goods shall be limited so as to be effective only if rejection is notified in writing to the Seller within seven days or receipt of the goods and the goods are forthwith returned to the Seller at the Buyers expense. No claim for damages or otherwise in respect of defects or non-conformity of the goods or otherwise shall be effective or enforceable unless written notice thereof is given to the Seller within seven days of receipt of the goods.
9. WAIVER
All the original rights and exemptions and remedies of the Seller shall remain in full force not withstanding any neglect forbearance or delay in the enforcement thereof. The Seller shall not be deemed to have waived any condition unless such waiver shall be in writing under the signature of the General Manager or Secretary of the Seller and any such waiver unless the contrary shall be expressly stated shall apply to and operate only in the particular transaction dealing or matter.
10. ORDERS BY TELEPHONE
These are accepted at the risk of the Buyer, as deliveries made before written confirmation received are made for a benefit and as a service to the Buyer. Confirming orders shall be marked “Confirmation of Telephone Order and orders not so marked may be treated as an original open order and duplicated. The Seller will not be responsible for expenses and inconveniences incurred.