1.1 These conditions apply to all goods supplied by the Seller.
1.2 The Seller and Buyer acknowledge that these conditions constitute the entire agreement between them and that there have been no representations made by either party to the other except such as are expressly set out in these conditions of sale. If there is any ambiguity or inconsistency between the terms of any order lodged by the Buyer and these conditions these conditions shall be paramount.
1.3 These conditions may not be amended or substituted without the express prior written consent of the Seller.
2 GOODS SUPPLIED
2.1 The goods supplied shall be the goods described on the invoice.
3.1 Delivery shall be in accordance with the contract unless otherwise agreed in writing by the parties.
(Note: if payment of the deposit is delayed then the delivery time is correspondingly extended)
3.2 If the contract stipulates a time for delivery of the goods such time shall be approximate only and shall Not be deemed to be the essence of the contract.
3.3 The Seller shall not be responsible for any failure to deliver or delay in delivery caused by any Act of God, war, strike, industrial stoppage or unrest, fire, earthquake, shortage of suitable labour or materials, unavailability of or delay in transportation, Government Act or any other event beyond the Sellers control.
3.4 The Seller shall not in any circumstances be responsible for any loss or damage caused by delay in delivery of the goods.
4.1 A deposit of forty (40) percent of the prices specified in the contract shall be paid with all orders. The Seller shall not be obliged to supply goods or confirm orders until such time as the deposit has been paid.
4.2 Unless otherwise agreed the remainder of the contract price shall be paid on delivery.
4.3 Good and services tax shall be in addition to the contract price unless otherwise stipulated.
4.4 On cancellation of any order the Seller shall be entitled to deduct from the deposit any costs incurred by the Seller to the date of cancellation.
5 INTEREST FOR LATE PAYMENT
5.1 If the buyer fails to comply with the terms of payment the Buyer shall pay interest to the Seller at a rate of 2% per month on all moneys outstanding under the contract calculated on a daily basis from the date the moneys became due to the date the moneys are received by the Seller.
6.1 All goods remain the property of the Seller until payment for the goods and any other moneys due under the contract have been received in full. If the Buyer fails to comply with the terms of payment the Seller at its option itself or by its servants or agents may enter upon the premises of land or any other place where the goods are situated and take possession of such goods and the Buyer shall fully indemnify the Seller in respect of any claim or demand brought in respect to such actions.
7.1 Notwithstanding the provisions of clause 6 herein the Buyer shall be responsible for any loss damage or deterioration of the goods due to any cause whatsoever from the date of delivery of the goods.
8.1 The Seller warrants that it will repair or make good any defects in the goods or workmanship notified in writing to the Seller within seven (7) days of delivery of the goods provided the terms of payment are complied with promptly.
8.2 No claim shall be accepted under such warranty unless written notice of the claim is received by the Seller within the stated time period nor shall any claim be accepted if any attempt to repair the defective goods is made by any person or persons not authorised by the Seller to effect such repairs.
8.3 Should the Seller elect to repair any defective goods such repair shall be effected at such place as the Seller may specify and the Buyer shall be responsible for shipment of the defective goods to and from the place or places so specified.
8.4 The liability of the Seller whether in contract or in tort for any loss, damage or injury arising directly or indirectly from any defect in the goods supplied is limited to replacement or repair of such goods or damages not exceeding the contract price of such defective goods at the option of the Seller.
9.1 The failure on the part of the Seller to exercise or enforce any rights conferred by the contract or these conditions shall not be deemed to be a waiver of any such rights nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.