In these conditions "the Company" means KINGKRAFT LTD, "the Customer" means the person, firm or company who receives the Company's goods or to whom the Company's quotation or invoice or acknowledgement of order is addressed: "the goods” means the products supplied by the Company to the Customer.
APPLICABILITY OF CONDITIONS
(b) No variation or qualification of these terms and conditions shall be valid unless agreed in writing by a director of the Company.
(c) No order made by the Customer to the Company shall be binding on the Company until accepted by the Company in writing or has despatched goods or services against it.
TERMS OF PAYMENT
(b) Pro-forma payment or cash with the order where credit terms have not been agreed.
(c) Failure by the Customer to pay by the due date where credit terms are agreed shall entitle the Company at its option to:
i. withhold future deliveries until payment has been made and further payments secured to its satisfaction and/or
ii. charge interest at 4% above Barclays Bank Base Rate for each day that the amount is outstanding.
(d) Payment by the due date shall be the essence of the contract.
(b) The Company shall not be liable to make good to the Customer any damage or loss arising directly or indirectly out of delay in the delivery of the goods or services nor will the Company be liable for any consequential or special loss claimed by the Customer including without limitation delay detention, loss of profit, loss of production, loss of time, charges or liability to any Third Parties.
(c) The Customer must notify 30 days in advance of the delivery date of any change in previously specified schedules required by the Customer upon receipt of which notification the Company will attempt to accommodate the change required.
(d) Should the Company over deliver goods to the extent of up to 10% of the volume total of the contract and should the Customer not inform the Company within 7 days in writing then the Company may at its option
either repossess the excess goods or invoice them and be paid forthwith by the Customer for the excess goods at the price ruling at the date of delivery.
PASSING OF TITLE IN PROPERTY
(b) In the event of non-payment by the due date or determination of the contract howsoever it may occur the Company shall have an irrevocable licence to enter the Customer's premises with vehicles if necessary for the purpose of repossessing the Company's property.
(c) The Customer shall not be entitled to incorporate the Company's goods with other goods so as to form a new product except on the condition that such new product shall be the property of the Company until such time as payment in full is made by the Customer for the goods sold.
(d) Notwithstanding that the property in the goods shall remain with the Company until payment is made in full risk will pass to the Customer on delivery and the Customer will keep the Company's goods stored so that they are clearly identifiable as the Company's goods.
TESTING AND INSPECTION
CANCELLATION OR VARIATION
(b) Any variation in the contract required by the Customer may only be authorised by written agreement from the Company and where this is forthcoming, the Company reserves the right to amend delivery schedules and to recover from the Customer any losses or costs.
(b) Such repair of replacement will be the absolute limit of the Company's liability and the Company will not be liable in any circumstance whatsoever for loss or damage of any kind suffered by the buyer or any Third Party unless the same shall relate to the personal injury or death and only then if the same shall arise out of the Company's negligence. Save as aforesaid the Company shall be under no liability whatsoever in regard to the goods supplied to the Customer
(c) The Company does not warrant that the goods will be fit for the Customer's specific purpose(s) unless exact details of such purpose(s) have been completely specified and then agreed in writing prior to the Company's acceptance of the Customer's order.
(d) Where goods are returned outside the warranty period, the goods will be inspected and at Kingkraft ltd discretion a repair may be carried out. Any repair made will be charged to the Customer
FREE ISSUE OF PARTS etc
i. The Company shall not be liable to the Customer in any circumstances whatsoever for any loss or damage of any description resulting from the non-delivery or late delivery to the Company of such parts etc or from the failure of such parts etc to meet the Customer's specification or to be of merchantable quality.
ii. The Customer shall indemnify the Company in respect of any loss or damage sustained by the company (including liability to Third parties) where such loss or damage is occasioned by or attributable to the non-delivery to the Company of such parts etc or the failure of such parts etc to meet the Customer's specifications or to be of merchantable quality.
LAW AND INTERPRETATION