Aims electrical Conditions of Sale

Conditions

1, GENERAL

The seller accepts the buyers order on these conditions which constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings representations or warranties of any kind (express or implied forming part of this contact) in particular: a, Any condition contained in the buyers order which is inconsistent with, qualifies or is contrary to these conditions shall be of no effect unless that condition is expressly accepted in writing by the seller
b, Any variation, waiver or cancellation of the buyers order shall be of no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 10% of the price.
c, The quotation is based on work being done in ordinary working hours and should it become necessary to work outside ordinary working hours at the buyers request or for any other circumstances not foreseeable by the seller at the time of tender, then any extra costs incurred will be a variation to the quoted price and charged to the buyer.
d, For the purpose of this agreement the word Goods shall mean all goods and services, and all charges for work or labour done, hire charges , fees, service charges, repairs, materials, insurance charges of whatsoever nature associated with the supply to the Buyer under this contract.

2, PRICE AND TERMS OF PAYMENT

a, The sellers prices are exclusive of taxes, duties and other imposts which if chargeable, are payable by the buyer whether they are imposed or bought into force before or after acceptance of the buyers order.
b, All prices are strictly net and unless otherwise stated in writing by the seller on acknowledging the order are due for payment on the 20th day following the month in which the, Goods ,(or any instalment of the ,Goods,) are delivered.
c, Without prejudice to its rights to sue for payment or exercise any other remedy where any payment is not made on the due date the seller may:
(i) charge the buyer interest on the amount outstanding at a rate of interest determined by the seller from time to time, from the date of the invoice until payment is received by the seller but charging interest does not extend the time for payment nor imply any forbearance to sue or otherwise recover overdue amount moneys.
(ii) demand payment of the arrears as well as payment in advance for any undelivered "Goods" before proceeding with manufacture or making any further delivery of "Goods" under this or any other contract between the seller and the buyer.
(iii) repudiate this contract or any other contract between the seller and the buyer and the buyer shall not be entitled to demand or enforce delivery of any "Goods" or any instalment of "Goods" under this or any other contract.
(iv) enforce it right of lien.

3, INSTALLATION

a, The buyer is to give access to the site and provide proper facilities for carrying out the work within a reasonable time after acceptance of the quotation. Written notice is be given to us when the premises are ready for us to begin installation.
b, We expect to complete the work within the time stated in our quotation, but we are not liable for any loss or damage, nor to cancellation of the contract for failure to complete within such time.
c, Any loss or expense caused to us through your failure, or delay to do anything which is herein agreed you shall do, shall be borne by you.

4, RISK & PROPERTY

a, The risk of loss or destruction of or damage to the "Goods" is with the buyer while the "Goods" are in transit to the buyer and upon delivery to the site. The ownership of the "Goods" shall not pass to the buyer until payment in respect of the "Goods" has been received and any other outstanding indebtedness has been received by the seller
b, if:- (i) any payment is overdue (in whole or part) to the seller and/or
(ii) the buyer is in breach of any of his obligations under the contract and/
(iii) we have reason to believe the buyer has or will commit an act of bankruptcy or (being a company) have or about to have a receiver or liquidator appointed.
We may recover and resell any or all of the "Goods" and we or our agents or employees may enter onto the site for that purpose. c, If the "Goods" are used by the buyer to make a new object in such a way that the original "Goods" supplied may be detached form the new object then upon payment being overdue items of clause 2 above, we or our servants and agents may (without prejudice to any of our other rights) proceed to enter upon the site or any other site upon which the "Goods" are situated to detach "Goods".
d, In any case, if any of the "Goods" supplied by us (the seller) to you (the buyer) are used by you to make a new object the ownership of the whole of the new object shall be and remain with us until such time as payment in full for the "Goods" has been made.
e, Until we are paid in full for all of the "Goods" supplied under the contract your relationship to us shall be fiduciary in respect of the "Goods" themselves or the new objects in which they are incorporated and if the "Goods" or the new objects are sold we shall have the right to trace the proceeds.
f, Pending full payment the buyer shall insure the "Goods" and hold any proceeds of any such insurance on trust for the seller. Until property in the "Goods" passes to the buyer the seller, its agents and servants, shall have the right to search for and retake possession of any such "Goods" or the proceeds of their sale and for this purpose may enter without notice any premises occupied by the buyer or any other premises as the buyers agent.

5, SELLERS LIABILITY AND MAINTENANCE GUARANTEE:

a, The buyer shall ensure the "Goods" ordered are fit and suitable for the purpose for which they are required and the seller is under no liability if they are not.
b, In lieu of any warranty condition or liability by law the seller liability in respect of any defect in or failure of the "Goods" supplied or for any loss injury or damage attributable thereto is limited to making good by replacement or repair, defects which under normal proper use and maintenance appear therein and arise solely from faulty design, materials or workmanship within the guarantee period, if stated or to otherwise within 3 months of the date of supply provided always that such defects are notified in writing to the seller. At the termination of the appropriate period all liability on the sellers part ceases.
c, This warranty does not cover damage from misuse, accident neglect or improper operation, maintenance, installation, modification or adjustment.
d, The sellers liability under this contract and the warranty in this clause is confined to the buyer in this contract, it being agreed that the seller has no liability to any purchaser of the "Goods" from the buyer in that the buyers rights under this contract are not assignable without the prior consent of the seller.

6, FORCE MAJEURE:

The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the "Goods" or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government , inability to obtain labour, materials or manufacturing facilities, accidents, interruption of or delay in transportation or any other cause of like for different character beyond the sellers control.

7, COMPLIANCE WITH REGULATIONS:

The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation regulations, by laws or rules having the force of law in connection with the installation and operation of the "Goods".