Tank Stream Design shall only supply goods to you on the following terms and conditions unless otherwise agreed in writing to vary terms and conditions. The ordering of Goods from the Seller or the signing of a manifest, delivery docket, invoice or packing slip for Goods received by or on behalf of the Buyer constitutes acceptance of these conditions:
1. Payment
Where credit terms have been granted by the Seller to the Buyer, the goods shall be paid for by the Buyer thirty (30) days from the date of invoice (unless expressly agreed otherwise by the seller in writing)
Should you fail to pay your invoice by the due date then:
(a) The seller may charge late payment fees of up to 4% on any overdue invoices, calculated at the end of the month and added to the statement balance; and
(b) The Buyer agrees to pay all cost and expenses, including legal cost, which may be incurred in the recovery or attempted recovery of overdue amounts.
2. Price and Delivery
The Seller reserves the right at any time at its sole discretion to revise the price of any of its products or services from time to time without notice.
The Seller will make all reasonable efforts to comply with the Buyers delivery requirements and order specifications; however the Seller shall be under no liability whatsoever should the delivery of goods not be made on this date or if it is unable to fill any orders within a reasonable time or at all.
Freight will be charged for all Goods that are delivered by the Seller
The Buyer has the right to elect method and urgency of delivery. All delivery charges are to be borne by the Buyer
3. Passing of Property and Risk
While risk in the Goods shall pass on delivery, ownership of the Goods shall remain with the Seller until it has received full payment for those Goods and any previously delivered Goods. Pending such payment;
(a) The Buyer shall hold the goods as bailee and fiduciary for the Seller and shall return the Goods to the Seller if so requested.
(b) The Buyer shall store the goods in such a way that it is clear that they remain the property of the Seller.
The Buyer agrees to keep the goods free from any encumbrances.
Should the Buyer fail to make due payment for Goods, or by an act or omission any step is taken towards the appointment of a provisional liquidator, receiver, administrator and/or official manager or any other external administrator or trustee, or the entry into possession of any of the Buyer’s assets or business by a mortgagee; or become insolvent or bankrupt or commit an act of bankruptcy, the Seller may, without prejudice to any other rights it may have and at its option, do any of the following:
(a) Withhold any further deliveries of Goods whether in transit or not;
(b) Where the Goods have been delivered, the Seller shall be entitled, and the Buyer hereby grants to the Seller, its officers, servants or agents, full and irrevocable
licence to enter (using reasonable force if necessary) the Buyer’s premises (or other premises to which the Buyer has access and where any of the goods are stored) to search for and retake possession of goods which title remains with the Seller, and then to resell them for its own benefit. All Goods so obtained must comply with and in a condition as described in Conditions 5.1 (b) and (c). The Seller shall not be responsible for any damage whatsoever and the Buyer indemnifies the Seller in respect thereof and in respect of any losses suffered by the Seller arising from any change in the condition of the Goods.
4. Return of Goods
All goods sold are on the basis of firm sales, only in certain circumstances (e.g., faulty, incorrectly supplied) may goods be returned to the seller, under the following conditions:
(a) All goods must be returned within fourteen (14) days from date of invoice;
(b) Goods are returned in original packaging and condition as received;
(c) Have not been printed, embroidered, altered, damaged (including damage caused by negligence or accident), worn or used in any way; and
(d) Have been authorised for return from the Management of the Suppliers
5. Withholding Supply
The Supplier reserves the right, irrespective of whether or not an order has been accepted and without notice to withhold supply to the Buyer, and the Supplier will not be liable for loss or damage resulting directly or indirectly from such action where:
(a) we have insufficient goods to fulfil the order;
(b) the goods ordered have been discontinued; or
(c) We have determined, at our absolute discretion that credit should no longer be extended to the Buyer.
6. Confidentially
6.1 The Buyer will not, and will ensure that its officers, employees, agents and permitted sub-contractors will not without the Seller’s prior written consent;
(a) Disclose to any third party and/or
(b) Use in any way other than as contemplated under these conditions, any confidential information acquired by or on behalf of the Buyer at any time which
concerns, relates to or arises from the Goods, methods, processes, research activities, anticipated programs or other such operations of the Seller or its associated companies.
7. Limitation of Liability
7.1 The Seller excludes all statutory or implied conditions and warranties to the extent permitted by law.
7.2 Except to the extent prohibited by Law, the Seller
(a) Excludes its liability for any loss or damage suffered by the Buyer (whether direct, indirect or consequential) arising in any way out of any breach of these conditions or in connection with the supply of any defective Goods, delivery, or use of any Goods or any error or omission in the supply of any Goods by the Seller or any negligent act or omission of the Seller, including but not limited to lost profits and damage sustained or incurred as a result of a claim by any third party;
(b) Limits its liability to the Buyer for any non excludable conditions in the Seller’s absolute discretion, to;
i. In the case of Goods, replacing the Goods or supplying equivalent Goods or refunding the cost of Goods.
8. Force Majeure
The Seller shall not be liable for any failure or delay to supply any Goods due to any cause or circumstance outside the Seller’s reasonable control, including but notlimited to acts or omissions of the Buyer, breakdown of machinery, shortage of labour, strikes, lockouts, industrial disputes, fire or arson, Storm or tempest, theft, vandalism, riots, wars, government restrictions, intervention and/or control, transport delays or accidents of any kind.
9. Interpretation
In these terms and conditions, unless the context otherwise states;
(a) The “Buyer” means the party purchasing Goods from the Seller
(b) The “Seller” means the party suppling Goods to the Buyer
(c) The “Goods” mean what the Buyer agrees to purchase from the Seller