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All Orders
are Subject to the Following Conditions
General "The Agreement" means the agreement including the schedule
and these conditions of sales. "IndeServe" means IndeServe Limited. No waiver, alteration or modification of these conditions or of the
Agreement shall have effect unless made in writing signed by or on
behalf of the Purchaser and by a director of IndeServe.
Payment The purchase price shall be paid in full to IndeServe not more than
seven days after the date of delivery of the equipment to the Purchaser.
If payment is not made in full by the due date then the Purchaser
agrees to pay interest on the overdue amount at a rate of 2% per month.
Should Debt Collection action be required to recover overdue payments,
collection costs and legal fees incurred shall be paid by the purchaser.
Risk and Passing
of Property A. The equipment
shall remain at the risk of IndeServe until the time of shipment ex
IndeServe. Thereafter the equipment will be at the sole risk of the
Purchaser. B. The equipment shall remain the property of IndeServe until all
monies due to IndeServe from the Purchaser under any account whatsoever
have been paid in full. C. If the Purchaser defaults in the due payment of the purchase price
IndeServe, without prejudice to any other right it has at law or in
equity, shall have the right to enter upon the premises where the
goods are situated and take possession and remove the same, without
being responsible for any damage thereby caused. IndeServe may resell
such goods and apply the proceeds in or towards repayment of all outstanding
indebtedness of the Purchaser to IndeServe. All costs and expenses
incurred by IndeServe as a result of any such action shall be payable
by the Purchaser on demand and the Purchaser agrees to indemnify IndeServe
in respect thereof. D. If the customer sells the goods to a third party, then the customer
is accountable to IndeServe for all of proceeds derived from such
sale and shall hold proceeds on trust for IndeServe.
General Any goods offered or supplied are of normal
commercial quality and are suitable only for the purpose for which
such goods are normally supplied. No other conditions or warranties
as to quality or fitness for purpose whether express or implied by
law and no representation or statements shall bind the Company unless
specifically set out in writing by the Company
Consumer Guarantees
Act Where the goods are supplied for business purposes, the customer agrees
that the goods are supplied to the customer for business purposes
and that the provisions of the Consumer Guarantees
Act do not apply in respect of the supply of such goods. The customer
has the right to undisturbed possession of the goods except in so
far as that right is varied pursuant to the company’s rights arising
from the reservation of Title to the company until the customer has
paid all monies outstanding in terms of this Agreement AND THE CUSTOMER
HEREBY ACKNOWLEDGES that the company or its employees or agents has
informed the customer that the company shall be entitled at any time
to repossess the goods in the event that the customer shall be in
breach of the terms of this Agreement whether as to non-payment of
monies due or non performances of the customer’s obligations.
Errors and Omissions Clerical errors or omissions whether in computation or otherwise in
any quotation, acknowledgements or invoice, shall be subject to correction.
Goods Return Procedure IndeServe has a firm NO RETURN POLICY for goods that are ordered incorrectly
or are no longer required by the customer.
Force Majeure IndeServe shall not be liable to the Purchaser for any loss or damage
directly or indirectly arising our of or in connection with any delay
in delivery of the goods or failure to perform its obligations under
this Agreement where such delay is caused directly or indirectly by
an act of God, armed conflict, labour dispute, civil commotion, intervention
of a government, inability to obtain labour, materials or manufacturing
facilities, accidents, interruptions of, or delays in, transportation
or any other cause beyond IndeServe’s control.
Compliance of Regulations The Purchaser 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.
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Conditions of Credit Application
IndeServe Limited
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