(a) All Products and/or components sold by Nephin Tractors & Machinery Limited (hereinafter called “The Company”) be sold subject to these conditions of sale and shall be hereinafter referred to as “The Goods”.
(b) The buyer of the Goods shall be hereinafter known as “The Purchaser”.
(c) Any terms or conditions in the Purchaser’s order, which are inconsistent with these conditions of sale, form part of any contract between the Company and the Purchaser unless accepted by the Company
(d) Carriage terms are in accordance with prices ruling at the date of dispatch of the Goods by the Company.
Orders are accepted on the basis of prices ruling at the date of despatch of the Goods by the Company.This applies to back orders. The Company reserves the right to increase its prices at any time. All prices are exclusive of VAT and same together with carriage when charged shall be borne by the Purchaser. The company shall notify the Purchaser of any increase in prices. The Purchaser may cancel the contract in writing within 24 hours of the notification of the price alteration if they wish.
3: Delays and Non-Delivery:
All reasonable efforts are made to honour delivery promises but the Company shall have no liability whatever in respect of delays in delivery or non-delivery howsoever caused as this is outside of our control.
4: Damage in Transit & Shortages:
On delivery the Goods must be checked against the delivery note, which shall be signed by or on behalf of the Purchaser. Such signature is an acknowledgement that all the Goods have been received in good condition and order. The Company will accept no responsibility for damage in transit or shortages unless same are noted on the delivery note before signature, and notified in writing to the Company sales office within 48 hours of receiving the goods.
5: Terms of Payment:
The Goods must be paid for in full without deduction in respect of alleged disputes or counter claims in accordance with the terms specified by the Company from time to time and if no date of payment has been specified within 30 days of the date of delivery, the Company shall be entitled without prior notification to charge interest at the rate of two percent per month or part thereof on any sums which remain unpaid the same have become due.
6: Return of Goods:
Where the Goods have been correctly supplied in accordance with an order and are not defective they will not be accepted for return by the Company unless the Company has given its prior written agreement. In such event a twenty per cent handling charge will be made by the Company and the Goods must be returned to the Company carriage paid and in their original packing. Goods not in their original packaging will not be accepted for return by the Company as this will considerably reduce there value.
Where a guarantee is given by the manufacturer or other supplier of the Goods or by a manufacturer or other supplier of a part or component of the Goods, the Company will pass the same to the Purchaser and assist the Purchaser to get the benefit of same from such manufacturer or other supplier but to extent permitted by law the Company shall not be liable on foot of such guarantee.
8: Risk and Reservation of Title:
(a) The risk in the Goods shall pass to the Purchaser on delivery of the goods to the Purchaser or his agent or when the Goods are delivered to a particular location on the prior instructions of the Purchaser.
(b) The Goods shall remain the property of the Company and ownership of the Goods shall not pass to the Purchaser until all monies due by the Purchaser to the Company in respect of the Goods or any other account whatsoever have been paid in full to the Company.
(c) Until such time as the ownership of the Goods passes to the Purchaser from the Company, the Purchaser shall:
1. securely and safely store the Goods so as to show them to be the property of the Company.
2. be liable to the Company for all damage howsoever caused to the Goods
3. insure the Goods to their full value against loss or damage from whatsoever cause and if requested by the Company have the Company’s interest noted on the appropriate insurance policy.
4. indemnify and keep indemnified the Company against all damage caused by any person or property by the Goods or by their use and hold the Goods as bailee respectively for the Company.
(d) So long as any monies are owing by the Purchaser to the Company in respect of the Goods or any other account whatsoever, the Purchaser not withstanding the provisions of the immediately preceding paragraphs (b) and (c) hereof, may sell, hire, pledge or otherwise dispose of the Goods in a bona fide manner in the normal course of business and the Company in addition to all other rights shall have the right to trace the proceeds of such resale, hire, pledge or other disposition to the fullest extent permitted
by law and such proceeds whether represented by monies or other products taken in part exchange or otherwise resulting from such transaction when received by the Purchaser shall be held by him as trustee and bailee respectively for the Company. The Purchaser shall be solely liable for the payment of all taxes, which may arise on such resale, hire, pledge or other disposition.
(e) Pending the passing of ownership of the goods to the Purchaser, the Company may without prejudice to any pre-existing liability of the Purchaser to the Company, terminate the contract at any time by notice to the Purchaser and on such termination the Purchaser shall no longer be in possession of the goods with the Company’s consent or permission and the Company shall be entitled forthwith to take possession of the Goods and the Purchaser shall be deemed to have irrevocably given the Company the right and power to enter into and upon any premises where the Goods may be to recover same.