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1.         All goods sold by Fulli's Wholesale Limited (“The Company”) are subject to the following conditions which shall apply to the exclusion of any conditions of order or purchase of the customer or any other standards, specification or particulars of or adopted by the customer. No amendments, alteration or attempt to override these conditions shall be binding on the company unless in writing by a director of the Company.

2.         Subject to credit being approved and unless otherwise expressly agreed accounts are due for payment 30 days nett monthly from the date of the invoice. Time shall be the essence for such payment. If credit terms are not given payment must be received in full by the company before delivery.

3.         Prices quoted are nett, and are exclusive of VAT. When VAT is applied it will be at the appropriate rate.

4.         When deliveries are spread over a period of each consignment will be invoiced as despatched and each month’s invoices will be treated as a separate account and payable accordingly. Failure to pay for any goods or for any delivery or instalment shall entitle the company to suspend further deliveries on the same order or any other without prejudice to any other rights the company we may have. The company reserves the right to change interest on overdue accounts at the rate of 2% per month.

5.         Goods will be invoiced at the price ruling at the data of order except if otherwise agreed in writing. All prices and quotations are subject to withdrawal or amendment by the company at any time prior to actual receipt of an order for goods referred to therein. Clerical errors are subject to correction.

6.         Orders will remain valid and binding notwithstanding delay in delivery. The company will not be liable for any in delivery or failure to deliver.

7.         In no circumstances shall the company be liable for any consequential loss suffered by the customer whether as a result of breach of contract or otherwise.

8.         Delivery will be by transport of the company’s choice. If the customer request special delivery arrangements they will be charged for. Claims for non delivery must be notified to the company in writing if goods are not received on the due delivery date and no reason has been given for the delivery by the haulier or the company. Claims for damaged or part delivery must notified to the company within 48 hours of receipt of goods. No liability is accepted by the company for any claims that do not follow the above procedure and failure to amend the relevant delivery document accordingly.

9.         The risk of loss or damage to goods passes to the customer premises, or when the goods are appropriated to the customer but kept at the request of the customer. Charges for storage, insurance or demurrage will be payable by the customer.

10.      Title to goods: Legal and equitable ownership of goods shall remain with the company until payment of all sums due to the company from the customer form the customer on any accounts whatsoever have been received in full. At any time prior to full payment (whether or not payment is then over due) the company may, without prejudice to any other rights, retake possession of the goods or any other part thereof and may enter on the customer’s premises by it’s employees or agents for that purpose. The customer has the right to sell the goods in the course of his business for the account of the company, but any conditions warranties or representation given or made by the third party shall not be binding on the company who shall indemnified by the customer with respect thereto and to pass good title to the goods to his customer being a bona fide purchaser for the value with out notice of the company’s rights. In the event of such re-sale the customer has fiduciary duty to the company for the proceeds but may remain therefrom any excess of such proceeds over the amount outstanding under this or any other sale contract between them. The company avails itself of such right will account to the customer for any excess as aforesaid less any expenses incurred by the company in respect of such recovery.

11.      The company reserves the right to alter the specification of any products it manufactures.

12.      Returns: Any goods requiring to be returned to the company can only be returned with express agreement of the company. Evidence of this is in the allocation of a goods return note and number. Failure to comply with this procedure may result in a delay in credit being issued or not at all. All goods return note may be obtained from the company’s sale office.

13.      Force Majeure: The company shall have the right to cancel or delay deliveries or reduce the quantity of goods delivered and shall under no circumstances be responsible for failure or delay in performing or fulfilling any contract or otherwise failing to implement its obligation to the customer if such failure or delay shall be due to any cause or circumstances beyond the control of the company.

14.      The company shall not be liable to the customer.

a)         For defects in any goods provided caused by the act of neglect or default of the customer or any third party.

b)        For any other defects in goods not failing within paragraph (a) of this clause unless notified to the company within 30days of delivery of the goods except in the case of the latent defect where the company shall not be liable unless such defect is notified to the company within 10 days of the customer being aware of such defect.

15) The company’s aggregate liability in respect of any occurrence or series of occurrence to the customer whether for negligence, breach of contract or otherwise shall in no circumstances exceed the cost of goods in respect of which the claim arises.

16) Termination: The company may, with out prejudice to any of it’s rights, stop any goods in transit and/or Suspend further deliveries and further provisions of services and/or notice in writing to the customer, determine the contract: -

a) If the customer enters in to a trust deed it’s for his Creditors or a Deed of Arrangement or commits an act of bankruptcy or become insolvent or compounds with its creditors: or

b) If (being a company) an order is made or a resolution is passed for the winding up of the customer: or

c)         If a receiver is appointed over any of the customer’s assets or undertaking: or

d)        If the customer takes or suffers analogous action or proceeding under foreign law in consequence of debt or commits any breach of this or any other contract between the company and the customer: or

e)       If the customer fails to pay any sum on the due date or in other manner whatsoever breaches that or any other contract with the company.


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