TERMS AND CONDITIONS OF SUPPLY
- Property in the goods will not pass to the buyer until the buyer has paid to the seller the price of the goods together with any other amounts owing to the seller by the buyer.
- Upon the delivery of the goods by the seller to the buyer (or to any other party at the direction of the buyer), the buyer will pay to the seller the price of the goods.
- Once the goods are delivered to the buyer (or to a person at the buyer.s direction) by the seller, the goods shall be at the buyer.s risk and the buyer warrants that it shall insure and keep the goods insured.
- Until the property in the goods passes to the buyer in accordance with clause 1 above, the buyer acknowledges that:
- the buyer shall hold the goods as bailee for the seller;
- the buyer, unless otherwise notified in writing, shall sell the goods as agent for the seller and is thereby duly authorised to sell the goods in the ordinary course of its business;
- the buyer shall store the goods separately and in such a manner as to enable the seller to enter upon the buyer.s premises to identify any and all of the seller.s goods;
- the seller shall be entitled to the entire proceeds of any sale of the goods by the buyer.
- Should the buyer fail to pay the seller within the terms shown on the invoice the price of the goods, the buyer shall be in default of this agreement and shall permit the seller to enter upon the buyer.s premises in order to recover the goods.
- The buyer agrees to open an account in the name of the seller and to pay into that account the proceeds of any sale of the goods.
- The buyer agrees that as an agent for the seller, it will not mix the proceeds of any sales with any of the funds of the buyer.
- If the goods are mixed with any other goods of the buyer or are processed with or incorporated in any other product, such shall become and shall be deemed to be jointly owned by the seller and the buyer. The seller.s interest in such goods being as tenant in common with the buyer. The seller.s interest in such goods is equal to the seller.s contribution to the goods.
- If the goods are mixed with the goods the property of any person other than the buyer or are processed with or incorporated in any product, the product thereby created shall become or shall be deemed to be owned in common with that other person. The interest of the seller in such goods will be equal to the value of the goods supplied by the seller.
- Manaccom reserves the right to charge 2% on payments made by credit card.
- Both the buyer and the seller acknowledge and agree that:
- all the above provisions are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent; and
- if all or any part of any provision is held to be invalid or unenforceable in all the circumstances, it shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
- To the extent that it is able to do so by law, Manaccom expressly limits its liability for a breach of a condition or warranty under this agreement or implied by virtue of any relevant legislation to:
- in the case of goods, any one or more of the following:
- replacement of the goods or the supply of equivalent goods;
- repair of the goods;
- payment of the cost of replacing the goods or of acquiring equivalent goods; or
- payment if the cost of having the goods repaired; or
- in the case of services:
- supplying the services again; or
- payment of the costs of having the services supplied again;
the choice is entirely at Manaccom's discretion.
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