Terms & Conditions of Sale Redbro Limited.
1). Definitions:
In these terms and conditions the following words shall have the following meanings:
“The Company” shall mean REDBRO LIMITED
“Customer” shall mean the person, firm or company offering to purchase goods from the Company.
“Goods” shall mean the articles and services the subject matter of the contract between the Company and the Customer.
2). General:
The Company shall sell and the Customer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Customer, or any written order of the Customer which is accepted by the Company, subject in either case to these Terms and Conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which such quotation is accepted, or any such order is made or purported to be made, by the Customer. Any variations will only be binding on the parties hereto if such variation is in writings and signed on behalf of the Company. Any order placed by a Customer is deemed to be upon the terms and conditions herein contained.
2.1) Statutory Rights:
The provisions of these Conditions of Sale shall not prejudice any right to which the Customer, were it not for these Conditions of Sale, will be entitled by virtue of Section 12, 13, 14 and 15 of the Sale of Goods Act 1893, as amended, save only to such extent as may be permitted by law in relation to any particular sale.
3.1) Delivery:
While the Company shall use its best endeavours to adhere to any stated or estimated dispatch, delivery, installation or completion data, no liability is accepted by the Company for any loss, damage or expense resulting from any delay in same howsoever arising.
3.2) All Risks:
All risks relating to the Goods shall pass to the Customer at the time when Goods leave the premises of the Company, irrespective of whether or not the cost of transporting the Goods from the Company’s premises is payable by the Customer or whether the Goods are to be commissioned or installed by the Company, unless otherwise agreed in writing.
4.1) Prices and Specifications:
The price of the Goods sold by the Company will be the price ruling at the time of invoice relating to the Goods. The Company reserves the right to alter prices of the Goods or the specifications, types or models of the Goods at any time without notice to the Customer. The Company’s prices are exclusive of Value Added Tax, which will be added to the prices at the appropriate rate prevailing at the tax point.
5.1) Terms of Payment:
Subject to the approval of the Company, a credit account may be opened for the Customer. Payment of credit account invoices is strictly nett, 30 days end of month from date of invoice, irrespective of the date of delivery of the goods to which the invoice relates. No alteration to these credit terms shall apply without the written agreement of the Company. A credit account must be settled on the above terms, or in accordance with those so otherwise agreed in writing, otherwise the Customer shall be liable to pay interest to the Company at a rate of 1½%, to be charged per month or part thereof, on any outstanding balance or balances due on foot of an invoice or invoices.
6.1) Reservation of Title:
Goods supplied by the Company to the Customer shall remain the property of the Company, until the entire of the purchase price of the Goods, and any other sums whatsoever which are due from the Customer to the Company whether under this contract or howsoever otherwise, shall have been paid in full. Until such payment has been made the customer shall hold the goods in a fiduciary capacity for the Company. If any amount owing by the Customer to the Company is overdue, the company may, without prejudice to any other rights or remedies which the company may have, repossess any or all of such goods and for that purpose may enter upon the customer’s premises. The Customer shall keep the proceed of sale of the Goods as trustee etc and bailee for the Company until the Customer has paid to the Company in full all sums due to the Company whether under this contract or otherwise. The Customer shall not be entitled to create any charge or lien over the Goods or to pledge the Goods, but, subject as aforesaid, the Customer may deal with the Goods in the ordinary course of the Customer’s business.
7.1) Claims:
Any claim against the Company by the customer in connection with any loss of or shortage in or damage to any goods supplied hereunder must be made in writing by the customer to the Company within three working days of the receipt by or on behalf of the Customer of the Goods and the Customer must preserve such rights of action, if any, as the Customer may have against any third party in respect of such goods.
8) Returns:
In the event a return is agreed between the Company and the Customer, the Customer is liable for all costs incurred in returning defective products.
8.1) The Company will not be liable for erection, dismantling, re-installation, freight or any other costs incurred in returning defective products under warranty.
8.2) When a customer returns any goods under warranty to the Company for repair, the Customer shall enclose with such goods a description of the defect, information on the application and the working conditions of such goods, and the date of purchase, drawings, sketches and / or any other illustrations relating to the application of such goods as may be deemed necessary by the Company for the purpose of the claim, together with written evidence of the purchase of such goods by the Customer from the Company.
8.3) Goods returned by the customer to the Company shall be free of extraneous equipment and any openings must be sealed against the ingress of foreign matter. Goods must be fitted with their original electrical equipment and all openings sealed.
8.4) Any warranty given under these Conditions is not transferable and will apply only to the original Customer who purchases the Goods, and shall not extend to any subsequent purchaser or user of the Goods.
9) Limitation of Liability:
The Company shall not be responsible or have any liability for indirect or consequential loss, damage or expense, injury or death howsoever caused arising out of or in connection with the contract herein between the Company and the Customer, or the use by the Customer or any other person of goods supplied hereunder, and the Company shall have no liability or any loss, damage, injury or expense or for any accident resulting from or caused by defective materials or faulty workmanship in the Goods subject only to such obligations, if any, as may be imposed on the Company by law notwithstanding the provisions of these Conditions of Sale.
10) Force Majeure:
The Company shall not be liable to the Customer for any loss, damage expense injury or death howsoever arising or resulting from acts of God, Government Orders, strikes, industrial disputes or industrial action by workers or employees or fire, accident or adverse weather conditions or plant breakdowns, war, civil commotion, or any other circumstance whether of the foregoing class or not, beyond the control of the Company, and every contract between the Company and the Customer is subject to cancellation, variation or suspension by the Company as the Company may deem necessary due to force majeure.
11) Indemnity:
The Customer shall at all times keep the Company indemnified against any claim which may be made against the company in respect of loss, damage, expense, injury or death to any third party arising out of or in connection with the subject matter of the contract herein save only to such extent that the Company has failed to comply with its statutory obligations relating to the subject matter of the contract.
12) Technical Advice:
The Company at the request of the Customer may, without obligation so to do, furnish technical or other advice to the customer relating to the use of the Goods sold hereunder but such technical or other advice is furnished on the express understanding and condition that any such advice or assistance is given and accepted at the Customer’s sole risk and the Company shall not be liable for any loss, damage, or claims howsoever arising, including any claim for consequential loss, and whether or not such claim or claims involve or include any allegation or negligence against the Company its servants or agents. The Customer agrees to indemnify the company against all or any claims made against the Company arising from technical or other advice given by the Company to the Customer relating directly or indirectly to the sale of the Goods and the subject matter of these conditions.
