A1 SHOWERS LIMITED (‘The Company’)
TERMS OF TRADE
TERMS OF CREDIT – SUMMARY
1.Payment is due on the 20th of the month following invoice unless otherwise agreed
2.Default on payment may result in withdrawal of credit.
3.The customer agrees that the company shall retain the title of the supplied goods until payment is received in full.
4.Debt Collection Costs will be added to outstanding invoices
CREDIT CHECK AUTHORISATION
I irrevocably authorize any person or company to provide you with any information as you may require in response to your credit enquiries. I have read the terms of credit above and the conditions of sale (below) and agree to accept and abide by them.
1.PRICE
The goods shall be purchased at prices prevailing at the time the goods are dispatched
2.PAYMENT
Payment shall be on the 20th of the month following delivery
3.INTEREST
Payments not made within 10 days of the due date may, at the company’s sole discretion, bear interest from the due date at the rate of 2% per month until paid (or at such rate as shall be in force at date of purchase)
4.CREDIT LIMIT
The company may cancel orders in respect of any undelivered goods or may withhold delivery of future orders if the Customers account exceeds the credit terms set by the company
5.NON RECEIPT OR DAMAGE
All items should be checked on receipt as to quality and/or damage. Non receipt or damage must be reported by the Customer to both the Company and the carrier within ten (10) days from the date of delivery or the claim may be rejected by the Company. The Company will replace goods covered by approved claims.
6.RETURNED GOODS
No goods shall be returned for credit without the Company’s prior approval.
7.CLAIMS
All enquires or claims regarding goods supplied or allegation regarding goods not having been supplied as per invoice/packing slip shall be made within ten (10) days of receipt of same and in the absence of any such inquiry or claim the customer shall be taken to accept the terms of the invoice as correct and accept that the goods specified are delivered.
8.RISK
Risk passes to the Customer on delivery of goods.
9.WARRENTY
1.If the customer acquires or holds himself or herself out as acquiring the goods for the purposes of a business, no representation, condition, warranty or promise, expressed or implied, applies to this agreement or the sale to be effected pursuant to it other than the manufacturers written warranty (if any)
2.If the Customer does not acquire, or hold him or herself out as acquiring, the goods for the purpose of a business,, no representation, condition, warranty or promise, expressed or implied, applies to this agreement or the sale effected pursuant to it other than the manufacturers written warranty (if any) and the guarantees provided by the Consumer Guarantees Act 1993.
3.Except as provided by the Consumer Guarantees Act 1993, the Company shall not be liable for any loss of any kind whatsoever suffered by the Customer as a result of a breach of any of the Company’s obligations under this agreement or any negligence on the part of the Company, it’s servants agents or contractors, nor shall the company be liable for any loss damage or injury caused to the Customers servants, agents, contractors, customers visitors, tenants, trespassers or other persons. The Customer will indemnify the Company against any claim by such persons.
4.Notwithstanding any thing else in this agreement, the liability of the Company arising from the breach of any of the company’s obligations under this agreement, from any cancellation of this agreement or from any negligence on the Company’s part, its servants, agents or contractors (but not from any liability under the Consumer Guarantees Act 1993) will be limited to damages which will not exceed the contract price.
10.PRIVACY ACT
1.The Customer authorizes the Company
(a)To collect and retain and use personal information about the Customer (the information contained in this document) for the following
(i)Assessing the Customers Credit worthiness
(ii)Administering the financing, whether directly or indirectly of the Customer contract(s) and enforcing the Company’s rights thereunder
(iii)Marketing goods and services provided by the Company
(b)To provide the information
(i)to any persons for the foregoing purposes
(ii)to employees and agents of the company and any other person, in the ordinary course of the business, for any of the foregoing purposes
(iii)to credit agencies for the purpose of maintaining effective credit records.
2.The Customer acknowledges
(a)That the information is held by the Company at the address specified in this document, notwithstanding that it may be held elsewhere by the company and other persons for the purposes described above.
(b)That where information can be readily retrieved, the customer shall have access to it, the right to request correction and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge.
(c)That the aforesaid authorizations are irrevocable.
11.OWNERSHIP
1Ownership reserved: It is expressly agreed that the ownership is reserved and legal and equitable title to and property in all goods supplied or agreed to be supplied by the company is and remains vested in the Company until payment in full has been received by the Company in respect of such goods and all other monies owing by the Customer to the company whether or not such goods have been installed or fixed to a property.
2.Recovery of Goods: Notwithstanding anything to the contrary in these terms and conditions and whether or not there has been a default under the contract of sale between Company and Customer and whether or not any term of credit has expired, the Company is entitled at any time, and from time to time before sale of any item of goods by the customer to recover and take possession of such item of goods and otherwise exercise in relation to the goods any of its rights where those rights as owner and /or unpaid company or otherwise and whether or not such goods have been installed or fixed to a property and whether those rights are recovered by common law, contract, statute or any other way.
12.PERSONAL PROPERTY SECURITIES ACT 1999(‘PPSA)
1. The customer grants the company a security interest in the following
(a) All present and after acquired goods, supplied by the company to the Customer, whether or not such goods have been installed, or fixed to a property including but not limited to wardrobe doors and accessories, shower doors, shower packs and shower units together with all associated equipment and
(b)All present and after acquired goods supplied by the Company to the Customer described in any
(i)quotation or tender from the Company to the Customer
(ii) contact between the Company and Customer including without limitation, documentation (electronic or otherwise) supplementary to any contract incorporated in the contract by reference or otherwise;
(iii)purchase order or any other order for goods from the customer
(iv)dispatch order, invoice, statement or remittance advice from the Company to the Customer.
2.At the request of the Company, the Customer will promptly execute any documents and do anything else required by the company to ensure that any security interest created constitutes a perfected security interest over all personal property supplied by the company until all and any amounts due to the customer have been paid in full. This obligation extends to executing any amendments to any contract with the Company reasonably requested by the company and providing the information required by the Company to complete and register a financing statement or financing change statement.
3. The Customer will not, without the prior written consent of the Company, agree to allow any person (including the Customer) to file a financing statement over any personal property supplied by the Company while the Customer is liable to the Company for a debt.
4. The Customer will notify the Company immediately if the Customer becomes aware of any person taking any steps to file a financing change statement against any goods supply supplied to the Customer by the Company.
5.The terms ‘security interest’, ‘perfected security interest’, ‘personal property’, ‘financing statement’ and ‘financing change statement’ referred to in the above clauses have the meanings given by the PPSA
13.CLAIMS RETURNS POLICY
1.Goods supplied in error are returnable for replacement or credit providing error is notified to the company in writing within ten (10) days
2. No claim will be recognized unless goods are returned with original invoice/packing slip or unless the number and date of original invoice/packing slip are enclosed
3.No claim will be recognized unless returned goods are in saleable, undamaged and clean condition
4.All business machines must be returned in original packaging, complete with detachable accessories and instruction manuals
5.The Company at its sole discretion may accept return of goods surplus to requirements of the purchaser in which event, the credit may not be greater than 85% of the original amount charged.
14.TERMS OF PAYMENT
1.Payment by 20th of the month following supply of goods
2.A period of grace may, at the Company’s sole discretion, apply before charging interest as specified in ‘Conditions of Sale’ clause3
3.Payment not received by the first of the month after due date will have automatic stop credit invoked. The manager may use discretion to approve individual transactions.
4.Debt collection costs will be added to outstanding invoices.