Terms and Conditions

1. Unless otherwise agreed in writing by the seller, these Conditions of Sale shall override any terms or conditions stipulated, incorporated or referred to by the buyer in his
order or negotiations.
2. Any claim by the Buyer that the goods are not in accordance with the specification is limited to the replacement by the Sellers of the goods supplied.
3. The Sellers will not entertain any claim for quantity or quality of goods despatched unless they are notified in writing within 14 days of the receipt by the Customer and
are afforded the opportunity to seeing the goods checked. No claim shall be entertained for goods which shall have been cut, printed or processed by the Buyer, and in any
event the claim will be limited to the value of the goods supplied.
4. The Sellers will not entertain any claims for damage or non delivery of goods, unless they are notified in writing within 14 days of the invoice date.
5. Failure on the part of the Sellers to deliver within the time stated shall not entitle the buyers to any claim upon the sellers by reason of such failure. The Sellers cannot
accept cancellation if the goods are in course of manufacture or transit.
6. The Sellers cannot guarantee the suitability of goods for any specific purpose.
7. Cost variation. Quotations are based on the current costs of production and are subject to amendment by us on or at any time after acceptance to meet any rise or fall in
such costs.
8. Value added tax. We shall be entitled to charge the amount of any V.A.T. payable whether or not included on the quotation or invoice
9. Variations in quantity, variation and dimensional tolerances. Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon the
following allowed for over’s or shortage, the same to be charged for or deducted. Quantities supplied + or – 10% tolerance of the amount ordered. Variation: + or – 10%
on yield / + or – 20% on spot to spot basis. Dimensional Tolerances: + or – 10%
10. Customer’s property and property supplied. Customer’s property and all property supplied to us by or on behalf of the customer will be held at customers risk. Where the
customer supplies materials adequate quantities shall be supplied to cover spoilage.
11. Force majeure. Every effort will be made to carry out the contract, but its due performance is subject to cancellation by the seller or to such variation as he may find
necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, War, Strike, lockout or other labour dispute. Fire, Flood, Drought,
legislation or other cause (whether of the foregoing class or not) beyond the seller’s control.
12. Our terms are strictly net and payable during the month following delivery.
13. Unless art work, blocks and stereos are fully charged they remain our property. All designs submitted by us remain our copyright.
14. The sellers decision on all matters relating to the settlement of claims shall be final and the seller may at his option either replace any goods which he finds to be faulty or
allow to the buyer a reasonable sum not exceeding in any event the invoice value of the faulty goods. In no event shall the seller be liable for any lost profits or for any
incidental or consequential damages of any kind. Complaints in respect of alleged faulty goods shall not be a ground for withholding payment by the buyer of his
accounts and shall not give any right of set-off against payments due from the buyer to the seller. All complaints must be advised to the seller within 30days of the
delivery date of the product.
TITLE OF GOODS
15. (i) Property in the goods shall not pass to the customer until the price of the goods and every other sum whatsoever which is due from the customer to the seller whether
under this contract or otherwise howsoever have been paid in full.
(ii) The clause shall apply notwithstanding that the goods have been affixed to or incorporated in real property.
16. Until the property in the goods delivered shall have passed to the customer in accordance with clause 15 (i) above the customer shall keep the goods as balance and shall
store them in such a way that they are identifiable as the property of the seller and are separate from all other goods in the possession of the customer.
17. Notwithstanding clause 15 the customer shall be entitled to use or sell the goods in the normal course of the customers business but only on the following conditions:
(i)if the goods at the time of sale by the customer remain identifiable, unincorporated and unmixed with other goods then the customer shall sell the goods on behalf of the
seller and the proceeds of sale shall be held in trust for the seller in a separate identified account.
(ii)If the goods are prior to sale by the customer made up or incorporated in or mixed with other goods then if they remain separately identifiable the seller shall retain title
thereto and if they do not remain separately identifiable the seller shall become a joint owner of the goods in or with which the goods are incorporated or mixed in such
proportion as the value of the goods bears to the value of the goods in which the goods are so incorporated or mixed.
(iii)If the buyer sells the goods in or with which the goods have been incorporated or mixed, the sale shall be on behalf of the seller as joint owner thereof as the case may
be and the proceeds of any such sale (or the sellers share thereof if the sale is jointly owned property) shall be held in trust for the seller and in a separate identified
account.
18. At any time before the property and the goods shall have passed to the customer in accordance herewith the seller may by notice in writing to the buyer determine the
buyers right to use or sell the goods and the customer shall thereupon at its own cost return the goods to the seller and shall cease to be in possession of the goods with the
consent of the seller at any time after the giving of such a notice the seller may enter upon any premises where the goods are or are reasonably believed to be and may
remove the goods.
19. Nothing in this condition shall in any way limit or modify the buyers obligation to pay for the goods in accordance with these conditions.
20. The customer shall not be entitled to pledge or in any way change by the way of security for any indebtedness any of the goods which remain the property of the seller,
but if the customer does so all monies owing by the customer to the seller shall (without prejudice to any other right or remedy of the seller) for with become due and
payable.

© 2023 AB Supplies Limited.