Terms of Use Agreement

Terms of Agreement

1. These terms and conditions of sale form part of every sale of goods by the Company and by accepting delivery of any goods, the Customer acknowledges that the goods purchased are subject to these conditions.

2. These conditions must be read in conjunction with and form part of the agreement between the Company and the Customer relating to the goods.

3. Stipulations as to time for payment for the goods are of the essence of the contract.

4. Payment for the goods must be made by the Customer no later than THIRTY (30) days after delivery of the goods (“the due date”), unless otherwise agreed in writing by the Company.

5. If payment is not made by the Customer by the due date in accordance with Clause 4, then the Customer must, unless extended credit terms are negotiated with the Company, pay to the Company interest on the purchase computed from the due date until payment is made at a rate of interest equivalent to two per cent (2%) per month. If the arrangements provided under this clause would otherwise constitute a credit contract as defined in the Consumer Credit Code the provision of credit by the Company is limited to a total period not exceeding sixty-two (62) days. Nothing in this clause imposes an obligation on the Company to extend credit to the customer for any period at all.

6. Despite any other provision of these Conditions, risk in the Goods passes to the Customer when the goods are delivered to the Customers usual place of business or at such other address advised by the Customer to the Company. The Company will make all reasonable efforts to have the Goods delivered to the Customer on the date agreed, but the Company is under no liability if delivery is not made on this date.

7. (a) Despite the risk in the Goods passing to the Customer, as provided in Clause 6, title and property in the Goods passes to the Customer when full payment for the Goods (including any additional amounts payable by the Customer to the Company as provided in these Conditions) or by any other contract between the Company and the Customer is received by the company.

(b)Until title to the Goods passes, the Customer is a bailee of the goods and unless otherwise agreed by the Company the Customer must separately store the Goods so that they are clearly identified as the property of the Company.

(c) If payment is not made for the Goods in accordance with these conditions and for any other amount owing by the Customer to the Company, the Company can by its employees or its agents enter the premises where the goods (or any other goods supplied by the Company to the Customer) are situated and re-take possession and dispose of the Goods and the Customer must not claim against the Company in respect of such entry or disposal.

(d) The Customer grants the Company, its employees and agent’s irrevocable licence to enter premises occupied by the Customer for the purpose of exercising the Company’s rights specified in Clause 7(c). The Company may use reasonable force to take possession of the Goods (or any other goods supplied to the Customer by the Company) without liability of trespass, negligence or payment of compensation to the Customer or any agent of the Customer.