General Terms & Conditions of Sale

b. These Conditions supersede all prior representations or arrangements, and contain the entire agreement between the Company and the Buyer in connection with the goods or services (unless otherwise stated on the Company’s order acknowledgement). The Company’s order acknowledgement means any document issued by the Company indicating the terms on which products or services are supplied.

b. Delivery shall be made to the place and by the method specified on Company’s order acknowledgment. The Buyer is responsible for off-loading.

c. Packaging is included in the price and is not returnable unless otherwise stated on Company’s order acknowledgement.

d. Each delivery shall be treated as a separate contract and partial deliveries shall be permitted. Accordingly, failure to make any particular delivery, or any breach of contract in relation thereto, shall not affect any remaining deliveries.

e. The Buyer shall take delivery of the products or services by any date quoted by the Company or requested by the Buyer or (if none) within a reasonable time. The Buyer shall be responsible for all storage and other costs relating to the Buyer’s failure to comply with the contract.

b. Payment shall be made in the currency stated on the Company’s invoice as per the terms mentioned in the proforma invoice.

c. Time of payment is of the essence of the contract. The Company may, at its sole discretion and without prejudice to any other remedy, charge interest at 18% per annum for the time being (to accrue from day to day) on any sum owed to the Company under the contract which is not paid on the date specified in proforma invoice. The Buyer may not withhold payment or make any set off on any account.

d. In the circumstances described in Clause 7d, all unpaid balances owing from the Buyer to the Company shall become a debt immediately due and payable to the Company irrespective of whether property in the products or services has passed to Buyer.

b. The Company does not warrant that the product or services are fit for any particular purpose or use by the Buyer and it is for the Buyer to satisfy itself that the products and services are so fit.

c. The Buyer shall inspect the products or services as soon as practicable after delivery. The Buyer shall notify the Company of any non-compliance with the contract within 8 days of receipt and upon expiration of that time, such right shall lapse. When delivery is made by carrier on the Company’s behalf, or when products or services fail to comply with the Company’s warranty, the Buyer shall give the Company reasonable opportunity to correct such failure. If the Company fails to correct such failure, the Company shall, at the Buyer’s option, refund the invoiced value of the products or services, or replace the products or services, free of charge. Products which are alleged not to comply with the contract shall be preserved as far as possible for inspection by the Company.

d. Notwithstanding Clause 5c, complaints concerning damaged containers shall be notified within 24 hours of receipt.

b. The Company may suspend or terminate its obligations under the contract if the Company’s ability to manufacture, supply, deliver or acquire materials by the Company’s normal means is materially impaired.

b. The Company shall retain ownership of the products and services in a fiduciary capacity as Buyer’s bailee even after the Buyer has mixed them or processed them into other products until all monies owing to the Company are paid in full. In the event that the Buyer sells the products or services to a third party, the Buyer shall hold the proceeds of sale as the Company’s trustee to the extent of the Company’s interest therein.

c. Until ownership of the products or services passes to the Buyer, the Buyer shall insure them at full replacement value. The Company shall be entitled to require the Buyer to redeliver (at the Buyer’s cost) upon demand any products or services in the Buyer’s possession in respect of which payment in full has not been made, or, at the Company’s sole option to enter unimpeded the Buyer’s premises to recover any such products or services without prejudice to the Company’s other remedies.

d. If the Buyer becomes insolvent or the subject of receivership or the Company has any other just cause for believing that the Buyer will not pay for the products or services on the due date, and so notifies the Buyer, the Company shall have the right to terminate the contract.

b. The Company’s total aggregate liability in connection with the products or services of the contract is limited to the net ex-works invoiced value of the delivery from which loss or damage arises.

c. No action may be brought against the Company in connection with the products or services of the contract unless proceedings are issued within six months of the Company’s invoice date.

b. If any provision of the contract is found to be invalid or unenforceable, it shall be deemed to have the maximum effect permitted by law, or if not shall be deemed deleted and shall not affect the enforceability of the Conditions as a whole.