This important notice sets out hereunder the Terms of Conditions of Sale for all goods purchased from the seller,
Namely All-Line Distributors
Unless expressly altered or modified in writing to us, the following terms and conditions apply and shall be deemed incorporated in and form part of the acceptance by us of your orders.
1. Delivery The seller will not be held responsible for damage or loss in transit if using the services of a courier. Buyers are to arrange whatever insurance cover is required at their expense.
2. Payment Payment in full is due on or before 25th of the month following delivery of goods. Payment by cheque or other bill of exchange or any promissory note shall not be deemed to be payment or conditional payment until the same has been honoured or cleared.
3. Risk and Title The risk in the goods supplied by the seller to the purchaser shall pass to the purchaser upon dispatch but the ownership in them shall not pass to the purchaser until the purchaser has paid for the same and discharged all outstanding indebtedness to the seller whatsoever. Receipt by the seller of any cheque or other bill of exchange or promissory note shall not be deemed to be payment or conditional payment until the same has been honoured or cleared and until such time shall not prejudice or affect the seller’s right, powers or remedies against the purchaser and/or the goods. The purchaser acknowledges that acceptance of these Terms and Conditions are a security agreement for the purposes of the Personal Properties Securities Act 2009 and that the customer authorises the seller to register a security interest in the goods applying from the date the purchaser obtains possession of them and that the purchaser irrevocably authorises the seller to enter premises occupied by the purchaser to remove goods and resell them to recover monies owed. The purchaser agrees that the seller need not give any notice under the PPSA to the purchaser or any third party of any recovery action that it may take with respect to its security interest in any of the goods. The purchaser agrees that he/she will be liable for any fees, charges and expenses that the supplier may reasonably incur in enforcing any security interest.
4. Guarantees and Conditions No warranty or condition shall be implied herein against the seller except where the goods are subject to an express warranty given by the manufacturer thereof or the parties supplying the same to the seller, in either case being a warranty upon which the seller may rely. In these cases the terms of such express warranty shall be deemed to be incorporated herein but without creating any privity of contract between the buyer and such manufacturers or suppliers to the seller and in the case where a claim is made by the buyer under such warranty the judgement of the manufacturers or suppliers as the case may be, as to whether or not there has been a breach of the said warranty shall be final and binding upon the seller and the buyer.
5. Exclusion of Liability As the application and conditions under which various products are used are beyond the control of the seller, the purchaser shall be responsible to ensure that the product is suitable for the intended use by the purchaser, and the purchaser indemnifies the seller against any claim for damage or loss (including such claims by third parties) arising out of the use of the products, whether these claims are a result or direct, indirect or consequential damage or loss. In no event shall the Seller be responsible for loss of profit, penalties, damages or other losses resulting from delay in delivery of goods or completion of work. The Seller’s total liability in respect of any claim shall in no event exceed the total price payable to the Seller for the goods or services.
6. Returns and Claims No goods are returnable after 3 days. All goods shall be deemed to have been inspected and accepted by the buyer unless claims for shortages and damages have been made within 3 days of receipt, quoting the packaging slip numbers and date. A handling charge of 20% of the value of the goods will be charged on returned goods correctly invoiced and supplied as ordered by the buyer.
7. Overdue Accounts We reserve the right to charge interest at 3% above the current bank rates on overdue accounts. The purchaser may be held liable for costs incurred in the collection of overdue amounts.