  
1. General: These terms and conditions shall apply to the exclusion of all others, including any Terms and Conditions of the Customer (whether on the Customer's order form or otherwise). No goods or services will be supplied by the seller on any terms or conditions other than those set out herein and by taking delivery of the goods the Customer shall be deemed to agree to these terms and conditions. For the purpose of these Terms and conditions the Seller shall mean the party named on the Delivery dockets and invoices of the company /or in whose name an Account is maintained by the seller. 2. Payment: The Customer agrees to comply with the trading terms of the seller and payment of the goods or services shall be made by the customer to the seller as follows (a) By direct payment into the bank account nominated by the seller. (B) By use of Credit Card facilities provided by the Sellers Bank . This gives the Customer an option for payment in 55 days from purchase. (C) In the area where an account has been established with the Customer who is an approved participant in the Prop Pool System then the terms of trading as outlined in the agreement between both parties shall apply. 3. Claims: 1. The Customer will be deemed to have accepted the goods as being in accordance with its order unless it notifies the Seller in writing of its claim within 7 days of receipt of the goods. 2. No return of allegedly defective or faulty goods will be accepted by the seller unless the seller has given prior written authorization for the return..3. Claims relating to hire of goods which are accepted as correct in all aspects when signed for on delivery . The Removal of Props from the site to which they are allocated is a breach of the hiring agreement unless authorized in writing by the hirer. 4. Force Majuere: If for any reason beyond the control of the seller (including without limitation as a result of any strike, trade dispute, fire, tempest, theft or breakdown ) orders cannot be fulfilled at the time stipulated by the Customer . the Seller shall be entitled to determine the contract and the Customer shall have not have any claims for damages arising out of such cancellations without prejudice to the rights of the seller to recover all sums owing to it in respect of deliveries made or services provided prior to the date of such determination. 5. Warranty: All warranties whether expressed or implied and whether statuary or otherwise with regard to the goods supplied by the Seller as to quality , fitness for purpose or any other matter are hereby excluded except in so far as any such warranties are incapable of exclusion at law. The liability of the seller for damages arising out of the Contract shall be limited to the costs of rectification of any faulty workmanship or materials or the replacement of any faulty workmanship or materials or the replacement of any faulty goods and the seller accepts no responsibility or liability whatsoever including liability for negligence ,goods, that do not correspond with the description of the sellers invoice and/or the packaging of the goods , sold or any liability for the consequential loss however arising 6. Freight Costs: The Seller shall not be liable for the freight costs on goods returned to it by the Customer. 7. Default In the event the Customer defaults under these terms and conditions the customer shall pay to the seller on demand all costs including without limitation all legal costs (on a solicitor/own client basis)all mercantile agents fees incurred by the Seller in recovering or attempting to recover all amounts outstanding and payable under these Terms and Conditions and any dishonour or bank fees incurred by the seller relating to payments made by the customer from time to time. 8. Title Of Goods Title to the goods shall not pass to the buyer until payment is made in full and in cleared funds.The seller is entitled to recover unpaid goods from customers premises 9. Claims to proceeds of Sale of Goods or Services sold by Customer. Where goods or services are supplied by the Seller and are supplied to a sub purchaser of the Customer (whether incorporated into another product ,or not)the proceeds of such sales or services shall be held on trust for the Seller until such time as the goods or services supplied by the Seller to the Customer have been paid for in full. The Customer authorises the payment of any funds held by the sub purchaser to be paid to the Seller 10. The Customer irrevocably authorises the Seller to enter any premises where the goods are kept and to use the name of the customer and to act on the sellers behalf to recover possession of the goods (whether incorporated into another product or not )until such times as the goods have been paid for in full. TO CEASE HIRE OF PROPS AND RETURN OF UNITS. |