TERMS OF TRADING

1. ORDERS

   An order received by the Company or its representative is deemed to be an “offer of purchase” by the Customer subject to the terms and conditions herein contained which shall be deemed to be accepted by the Company upon delivery of the goods.

2. PRICE

   The Company reserves the right to revise prices at any time.

3. TERMS OF PAYMENT
   1. Credit and Discount Terms
      All Credit and discount items are at the discretion of the Company.
   
   
   2. Monies Outstanding Beyond Agreed Credit Terms
      Any account outstanding beyond our credit terms of reference will be passed out of hand to our debt recovery agent and will be subject to a surcharge of $5.00 cost incurred; such accounts will also be subject to any other costs incurred in obtaining settlement. The Company reserves the right to request full payment of all monies outstanding if the account exceeds the credit terms.
   
   
   3. Interest Charge on Outstanding Accounts
      The Company reserves the right to implement a credit charge of 2% per month if the invoice is not paid by the due date. The Company reserves the right to vary the interest rate charged.
   
   
   4. Dishonoured Cheques
      The Company reserves the right to implement a charge of $24.00 to cover bank and administration costs each and every time a cheque is dishonoured.

4. RETENTION OF TITLE

   All goods will remain the property the Company and customer shall remain a bailee only until payment is made in full. The Company may at any time require the customer to deliver up the goods to the Company failing which the Company shall be entitled to enter the Customer’s premises for the purpose of moving such goods.

5. RISK

   All risks in relation to the goods will pass to the Customer upon delivery to the customer.

6. DELIVERY

   Delivery shall be deemed to be affected when the goods have been delivered to the address between the Customer and the company, or collected by or on behalf of the Customer. The Company will endeavour to deliver the goods without delay, but shall not be liable for late delivery howsoever caused nor such failure to deliver be deemed to be in breach of any contract. It for any reason the Customer refuses delivery then without prejudice to any other rights the Company reserves the right to cancel the order.

7. CLAIMS AND RETURNS

   All goods to be inspected and signed for at the time of delivery. Our drivers cannot accept goods for return from previous deliveries unless specifically agreed by the Company.

8. DEFECTIVES

   The Company’s liability for goods proved to be defective shall be limited to the price of such goods and for this purpose the price should be deemed to be the invoice price of the goods. The Company shall be entitled to replace such goods upon the terms hereof in settlement of liability.

CONDITIONS OF SALE

These conditions apply to all sales of goods supplied by Niru Europe Limited, to its customers (referred to in these terms and condition as the “Seller” and “Buyer” respectively) and the6y shall prevail over any inconsistent terms and conditions contained in the buyer’s order. No addition to or variation of these Conditions shall be binding upon the Seller unless agreed in writing and signed by a duly authorized representative of the Seller.

PRICE

All prices quoted are those ruling at date of quotation. The price is valid for a period of 60 days unless otherwise stated. The Company reserves the right to increase any price if material costs or wages increase after acceptance of order and before delivery.

DELIVERY

1. Any anticipated delivery dates stated by the Seller are approximate only and not of contractual effect. The Seller shall be under no liability in respect of premature or late delivery howsoever caused.


2. If the Buyer fails to take delivery of goods tendered the Seller shall be entitled to store at the risk of the Buyer any goods of which the Buyer fails to take delivery and the Buyer shall in addition to the purchase price pay all costs of storage and any other additional costs incurred as a result of such failure.


3. Goods shall be deemed to have been delivered and the risk therein to have passed upon delivery at the Buyer’s premises except that where the Goods are transported by a carrier on behalf of the Buyer risk shall pass upon their transfer to such carrier.


4. Goods shall be deemed to have been delivered in good condition and in accordance with the terms of the contract unless the Buyer shall notify the Seller to the contrary in writing within 5 working days of the Goods leaving the premises of the Seller. In the event of defective delivery properly notified and established by the Buyer the Seller shall at its discretion either replace the goods as ordered or credit the Buyer with the purchase price but shall be under no further liability whatsoever to the Buyer.

INSTALLATION

5. Where the Company undertakes the installation of the equipment or materials supplied in the customer’s premises the Company shall not be responsible for any consequential loss or damage occurring as a result thereof nor for any third party claims in connection therewith.


6. Unless otherwise confirmed in writing by the Seller goods are delivered only on condition that goods will be invoiced at prices ruling at the date of dispatch of goods for delivery or as otherwise agreed by the Seller.


7. Terms of payment are strictly 28 days net; the Seller reserves the right to charge interest at 24% per annum on any Invoice which remains unpaid twenty eight days after the Invoice date, such interest to be calculated from that date to the date payment is received in full. All fees are subject to VAT at the prevailing rate.


8. The Seller may at its absolute discretion deliver the goods by installments in accordance with the invoice delivered therewith. If payment is not received in full for any installment delivery the Seller shall not be required to complete and deliver the balance of the order until payment is received.

PASSING OF TITLE

9. Legal title to the Goods shall only pass to the Buyer upon payment in full of the purchase price together with any and all other sums owing to the Seller of whatsoever nature. The Buyer shall store the Goods so as to show that they remain the property of the Seller provided that the Buyer shall be at liberty to sell the Goods in the ordinary course of business. The Buyer shall hold the proceeds of such sale on trust for the Seller and in a separate account. The Seller may by written notice terminate the Buyers power of sale at any time if the Buyer goes or threatens to go into receivership or liquidation. At any time after the termination of the power of the sale the Seller may reposes the Goods and the Buyer hereby grants to the Seller an irrevocable license to enter upon any premises of the Buyer for the purpose of so doing.