Ts & Cs

The price payable shall be the price fixed by the seller at the date of dispatch

The loading of the goods on a railway truck or upon a road vehicle whether belonging to the Buyer or a carrier, at the Seller’s factory, or at any of its stores or depots, shall constitute delivery to the Buyer.

The Railways and any other carrier upon whose vehicles the goods are loaded accepts as the buyer’s agent irrespective of carriage prepayment to the Seller

  1. Where the Seller undertakes the delivery of goods in his own vehicle, provided that the risk passes to the buyer immediately after the conclusion of the Contract of Sale, the arrival of each vehicle at the Buyer’s place of business shall constitute delivery to the buy of the consignment loaded on that vehicle.
  2. Trending and off-loading shall be affected by the Buyer at his own risk and he shall be responsible for any damage caused thereby, including damage to the vehicle.

The Seller does not guarantee delivery on any specified date, but will endeavor to give delivery on the date stated in the confirmation of the order and once the delivery as above set has been affected and hence a contract between the two parties has come into existence, there can be no cancellation by the Buyer.

Where sampling is required goods must be sampled at the seller’s works or store before the dispatch to the buyer.

  1. Each delivery is to be considered as the subject of a separate contract, and the price thereof is payable accordingly.
  2. Payment of the purchase price will be in due accordance with the terms agreed and interest will be charged on overdue accounts. The rate of interest will be that being charged by the company during the period the account is in arrears. The prevailing rate is shown on monthly statements but may be charged at any time without notice.

The Seller shall not be liable to the Buyer in damages or otherwise for delay in delivery of failure to deliver all consignments, or any particular consignment of the goods forming the subject matter of the contract, as a result of any fact or circumstance beyond the seller’s control and war, rebellion, strikes the breakdown of machinery, whether of the Seller or otherwise, the failure of the Railways adequately to provide trucks, the failure or breakdown of any other source of transport or inability to source adequate labor or raw material, or floods or similar natural phenomena , shall be considered as matters beyond the Sellers control.

Goods are not returnable without the Seller’s prior consent. If goods are taken back cost e.g. cartage storage etc plus handling, rebagging and repackaging charges will be levied on all goods returned and will be for the Buyers account.

Where directions of use are packed with, or are to be found upon or attached to the packaged or container of the goods, the Seller does not accept responsibility for the use of such goods, other that in accordance with such direction. Any warranty, whether expressed or implied in respect to any goods, shall be subject to this condition.

In the event that the buyer is in default, he/she shall be liable to refund the seller on demand all monies outstanding including in particular, attorney’s collection commission charges.