Terms And Conditions
1) Settlement Terms Nett 30 days from date of invoice.
2) Value Added Tax will be charged on all items in the price list at the current rate.
3) Orders No order of products, including modified products, will be processed without confirmation. Confirmation is deemed as a signed facsimile copy of the order, the use of a official purchase order or a confirmation email or a (recorded) telephone confirmation, confirmations can be given on mobiles, to reps etc.
4) Claims For damage, shortage or non delivery must be made at the point of delivery by indicating the discrepancies on the delivery note or in writing to us within 7 days of the delivery of goods, otherwise claims cannot be considered.
5) Guarantee All goods supplied and invoiced by us are subject to a comprehensive guarantee against defective materials or workmanship. The warranty period for each category of goods supplied by us is as follows: Solid Wood Coffins - 1 month from date of delivery. Coffins using wood veneer or paper wood effect - 3 months Soft Goods, Coffin Furniture etc - 3 months The guarantee, however, will only cover a defect or fault that arises in this period of time under normal usage and if the goods have been stored in a clean dry storage area. The Company does not accept liability for any damage, injury or loss arising from its failure other than the replacement cost of the original product supplied by the Company.
a) We reserve the right to amend our prices without prior notification and all orders will be accepted at the price ruling at the time of dispatch.
b) We reserve the right to alter specifications of our products without prior notification.
c) The Company reserves the right to charge overdue accounts with a monthly interest penalty equivalent to 2% (per month or part thereof) on the overdue balance. This rate will be subject to variation.
d) The Company reserves the right to recover from you all costs incurred in the recovery of any overdue account balance. These costs and fees, court and execution fees, and any recovery agent commission, fees and expenses.
7) Retention of Title With effect from, and including 1st September 2000 all goods (“Goods”) supplied by us to you will be subject to the following terms and conditions which shall be in addition to such other terms and conditions expressed or implied, as may apply. In the event of there being any discrepancy between the terms and conditions set out below and any others which would otherwise apply, the former shall prevail.
a) All risks in respect of the Goods shall pass to you not later than the delivery thereof by or on behalf of us to your vehicles, your premises or otherwise to your order whether or not the price includes delivery and it shall be your duty to insure the Goods accordingly.
b) Notwithstanding the provisions of paragraph (a) above, the Goods shall remain the sole and absolute property of us as legal and beneficial owners and we reserve the right to dispose of the Goods until payment in full for all the Goods has been received by us, in accordance with the terms and conditions of the contract pursuant to which the Goods were supplied, or until such time as you sell the Goods to your customers by way of bonafide sale at full market value whichever shall first occur. If such payment is overdue in whole or in part we may (without prejudice to any of our other rights) recover or resell the Goods or any of them, and our servants or agents may enter upon your premises, or such other premises where the goods are or reasonably ought to be stored for that purpose. Such payment shall become due immediately upon the recommendations of any act or proceedings in which your insolvency is involved.
c) Until such time as you become the owner of the Goods, you will store them and will procure that they are stored separately from your own goods or those of any other person and in a manner which makes them readily identifiable as our goods.
d) Subject to the terms hereof, you are licensed by us to agree to sell on the Goods or any of them subject to the express condition that the entire proceeds thereof are held in trust for us and not mingled with other monies, or paid into any overdrawn bank account, and shall be at all times identifiable as our monies.
e) If the Goods, the property of which is with us, are admixed with goods, the property of which are with you, or are processed or incorporated therein before all payments for the Goods have been made, the product thereof shall become and/or shall be deemed to be our sole an exclusive property and at no time shall the property of such product be, or deemed to be, with you. Such product shall be at your risk and it shall be your duty to insure the product.
f) If the Goods, the property of which is with us, are admixed with goods, the property of which is with any person other than you or us, or are processed with or incorporated therein, the product thereof shall become and/or shall be deemed to be owned in common with that other person, and at no time shall the property of such product be with you. Such product shall be at your risk and it shall be your duty to insure such product.
g) Subject to the terms hereof, you are licensed by us to agree to sell on such products as are referred to in paragraph (e) or paragraph (f) above subject to the express condition that the entire proceeds thereof are held in trust for us or, as the case may be, for us and such other person as is referred to in paragraph (f) above and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as our monies or, as the case may be, as monies belonging in common to us and such other person as is referred to in paragraph (f) above. h) All our Goods are date labeled on dispatch from our premises. It is hereby deemed that the matching of these labels to the date of invoice shall constitute sufficient evidence to identify the goods in your possession to same sales invoices.
8) Force Majeure We shall, on giving written notice to you (the customer) be entitled to postpone or cancel delivery or completion or to suspend deliveries in whole or in part in the event of a stoppage at the Company’s premises or those of any of our suppliers due to act of God, war, riots, strikes. Lockouts, trade disputes, fires, floods, breakdowns, mechanical failures, interruption of transport, governmental action or any other cause whatsoever, whether or not of like nature to those specified above, outside the company’s control.
10) Acceptance of Terms and Conditions Notwithstanding the above, you will be deemed to have accepted the terms and conditions contained herein by you ordering on or after 1st September 2000 from us any goods. 10. Deliveries Every effort will be made to deliver the goods at the agreed times, however this is not guaranteed service.