Terms of Trade

Terms of Trade

GENERAL TERMS AND CONDITIONS OF SALE

1. CONTRACT

Between Cohen’s Business Centre Limited (hereinafter referred to as ("the Company") of

 

the one party and _______________________________________________________________
                                       (hereafter called "the Buyer") of the other party.

Acceptance of the order shall be completed upon the Buyer signing to order or otherwise accepting the order (whether verbally or in writing) or accepting delivery of the goods. These terms and conditions shall be the conditions of the contract. All other conditions, warranties, descriptions, representations and agreements whether expressed or implied by trade, law, custom or otherwise are to the fullest extent permitted, hereby expressly excluded, except for the Company's official printed warranty where such warranty is issued to the Buyer and the Buyer complies with the terms of such warranty. No agent or representative of the Company is authorized to make any representations, statements, conditions or agreements not expressly confirmed by the Company in writing and the Company is in no way bound by any such unauthorized statements nor shall any such statements be or be capable of being taken to form part of a contract with the Company collateral to this contract. Without limiting the generality of the foregoing:

(a) any condition contained in any order or other communication from the Buyer which is inconsistent with, qualifies, or is contrary to these terms and conditions shall be of no effect unless that condition is agreed to and recorded in its entirety in a written instrument signed by the Company not exceeding the invoice value of such defective goods.

(b) the provisions of the Consumer Guarantees Act 1993 ('the Act") are to the fullest extent permitted under the Act expressly excluded and shall not apply to the extent that the Act would otherwise have applied to any goods or services supplied or provided by the Company to the Buyer, in accepting any goods and/or services supplied by the Company acknowledges and agrees that it is not a consumer within the meaning and or the purposes of the Act.

2. RISK
Risk of any loss or damage of or to the good shall be borne by the Buyer from the time of dispatch.

3. DELIVERY
Delivery shall be made at the place indicated by the order or as directed by the Buyer and if no place shall be indicated by the order or be directed, delivery shall be made at the Buyer’s premises. The Company may withhold delivery until any or all of the requirements of the Company have been met.

4. PRICE
The prices contained in this order are based on prices per the Company's published price list as at the date of delivery.

5. TERMS OF PAYMENT
Payment for the goods is as per terms stated on invoice unless varied in writing by the Company. You undertake to pay the account in full on or before the due date. In default of such prompt payment, you undertake to pay late fees of 2.5% per month on any amount outstanding and to indemnify us and pay all costs and expenses on a solicitor and own client basis if legal action is necessary, and all debt recovery fees which we may incur in recovering from you any overdue amount.

 

The account will also be recorded on credit recording files.

 

Cheques are only accepted at the discretion of the management and staff. Identification acceptable to the management and staff is required.

 

If your cheque is dishonored, it will be placed in the hands of our Debt Recovery Agent for collection. You will be liable for a debt recovery fee equal to 10% of the cheque amount but not less then $50.00 and also any other costs including legal and Court, not covered by the fee.

 

This will also be recorded on credit recording files.



6. PROPERTY
Ownership of goods sold by the Company is retained by the Company until payments is made for both the goods and for all other goods supplied by the Company to the Buyer. If such goods are sold by the Buyer prior to payment therefore and if they shall become constituents of other goods then the proceeds of sale thereof shall be the property of the Company.

NB: Such conditions are designed to protect the Company in the event bankruptcy or default in payment.

7. CLAIMS
(a) To the fullest extent permitted by law, the liability of the Company for any loss damage or injury arising directly or indirectly from any defect of the goods supplied is strictly limited to replacement or repair of such defective goods or damages not exceeding the invoice value.
(b) To the fullest extent permitted by the provisions of the Act or otherwise at law or in equity, the Company shall under no circumstances be liable to the Buyer or any other person for indirect or consequential loss or special damage of any kind arising out of or attributable to any breach by the Company of its obligations under any contract of supply of goods or services, negligence on the part of the Company or any act or thing done or not done by the Company and for the purposes of these terms and conditions consequential loss shall include (without limitation) loss of use of goods or services, loss of income or profit, and loss or damage to persons and property.
(c) The Company shall not be liable for any loss, damage or injury caused by the improper or incorrect operation or use of the goods supplied.
(d) The benefit of an express warranty set out in clause 1 of these terms and conditions is personal to the Buyer of goods/services from the Company and is not assignable without the prior written consent of the Company which the Company may withhold in its absolute discretion.
(e) The Buyer shall not in connection with the re-supply of goods obtained by the Buyer from the Company, give supply or deliver any original or copy of these terms and conditions to any person who may be a consumer within the meaning and for the purpose of the Consumer Guarantees Act 1993 and, if as a result of any breach by the Buyer of its obligations in this regard, any claim is made against the Company as manufacturer importer of the goods under or arising out of any express warranty in clause 1 as an express guarantee as defined by the Act then the Buyer shall immediately on demand indemnify the Company from and against all damages, costs and expenses suffered by or for which the Company may become liable in respect of or arising from all and any such claims against it.
(f) Subject to the terms of the Act, any claims under this clause must be made in writing and received by the Company within fourteen days after delivery of the goods.

8. DEFAULT IN PAYMENT
If the Buyer defaults in any term or condition of the contract the Company, without prejudice to any rights it has at law or in equity, reserves the right to enter upon any premises where the goods are situated and take possession of and remove the same without being responsible for any damage thereby caused and the Company may resell such goods and apply the proceeds towards payment of the purchase price. Any shortfall will be paid by the Buyer. In addition the defaulted party shall be liable for all costs of repossession, debt collection or enforcement including all legal costs incurred. In addition the defaulted party shall be liable for all costs of repossession, debt collection or enforcement including all legal costs incurred.

9. WAIVER
All the original rights powers exemptions and remedies of the Company shall remain in full force notwithstanding any neglect, forbearance or delay in the enforcement thereof. Any waiver shall apply only to the particular transaction.

10. PRIVACY ACT
(a) Failure to provide any information requested by the Company or the provision of incorrect information may result in the refusal or suspension of credit facilities.
(b) Any question regarding access to or correction of information held by the Company regarding the Buyer should be addressed to the Company's Privacy Officer.

11. RE-SUPPLY OF GOODS TO CONSUMERS
The Buyer agrees that, in the event and on every occasion that any goods obtained from the Company by the Buyer are re-supplied to any person or person who are consumers within the meaning and for the purposes of the Consumer Guarantees Act 1993 in circumstances such that the Buyer is permitted to contract out of the provisions of the Act, the Buyer shall so contract strictly in accordance with the terms of the Act with any and all such persons and if, as a result of a failure by the Buyer to fulfill its obligations in this regard, any person makes a claim against the Company as the manufacturer or importer of goods supplied to the Buyer then the Buyer shall immediately on demand indemnify the Company from and against all damages, costs and expenses suffered by or for which the Company may become liable in respect of or arising from such claims.