Terms and Conditions
QD_35b_1:_KINGDOM GROUP OF COMPANIES (“THE COMPANY”) CONDITIONS OF BUSINESS
NOTE: These Conditions contain exclusion clauses
1.Incorporation of Conditions
All contracts entered into between the Company and a Customer shall be deemed to incorporate these conditions and no amendment or addition shall be binding on the Company unless agreed in writing by an authorised representative of the Company.
All quotations and tenders are given by the Company on condition that the Company shall not be bound until it has communicated its written acceptance of the customer order.
- a) Where credit terms have been agreed payment is due within 30 days of the date of invoice otherwise payment is due prior to delivery.
- b) Where payment is overdue or a customer’s account exceeds any agreed credit limit the Company may suspend further deliveries in respect of any contract with the customer until payment is made or may cancel any order in so far as goods remain to be delivered.
- a) The Company will use reasonable endeavours to deliver by any estimated date but time is not the essence and the Company shall incur no liability whatsoever for failure to deliver by such date.
- b) Any failure or defect in any one delivery shall not entitle the customer to refuse acceptance of further deliveries under the same or any other contract.
- c) Delivery shall be deemed to take place when the goods are delivered to the customer at the Company’s premises or if dispatched to the Customer then immediately prior to being loaded on transport for despatch to the customer whether the transport is arranged by the Company a customer or a third party.
The Company shall be deemed to have fulfilled its contractual obligations in
respect of any delivery though the quantity may be 10% more or less than the quantity specified in the contract. Payment shall be made to the Company for the quantity delivered.
Risk in the goods shall pass to the customer upon delivery save that where the Company agrees to store goods sold to a customer at its premises risk in the goods shall pass to the customer upon the date of invoice.
7.Retention of Title
- a) The property in any goods whatsoever sold by the Company shall not pass to the customer until payment in full has been received by the Company in respect of all the goods. The legal and beneficial title shall not pass until all monies owed in respect of any goods are paid regardless of how such indebtedness arose.
- b) Until payment in full is received by the Company the customer shall store the goods separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the Company’s goods.
- c) If payment is overdue in whole or in part (or if any act or proceeding is commenced in which the customer’s insolvency is involved) the Company may (without prejudice to its other rights) recover or resell the goods or any of them and may enter on the customer’s premises by its servants or agents for that purpose.
- d) Until payment in full is received by the Company the relationship of the Customer and the Company shall be fiduciary in respect of the goods and if the same are sold by the Customer by way of bona fide sale at full market value the Customer shall hold the proceeds of sale as trustee for the Company until payment is made and the Company shall have the right to trace the proceeds thereof and/or the customer will if so required by the Company at the customer’s expense assign to the Company any rights that the customer may have against any third party.
- e) If any of the goods are incorporated or used as material for other products before payment in full is received by the Company the property in the whole of such other products shall be and remain the Company until such payment has been made or the other products have been sold as aforesaid and the Company’s rights in the goods shall extend to those other products.
8.Limitation of Liability
- a) The Company shall not be liable for any shortages unless notification is received by the Company in writing within 3 days of delivery.
- b) The Company shall not be liable for any defect in the goods save defects materials or workmanship discovered within one month of the date of delivery and which are notified to the Company within 3 days of the date the customer discovered the defect or ought reasonably to have discovered the defect and PROVIDED ALWAYS that following notification to the Company the customer thereafter fully complies with all reasonable requirements of the Company relating to the use or storage of the goods and the Company’s access to them.
- c) The Company shall only be liable under sub clauses (a) and (b) above at its option to make good any shortage, or replace any damaged or defective unused goods, or accept the return of such goods and to credit the customer with the price.
- d) Save in the case of death or personal injury arising from the Company’s negligence no other condition warranty or representation express or implied whether by statute or otherwise shall apply.
- e) The Company shall not be liable for loss of profit interest paid or payable by the customer, loss of orders or expense consequent upon destruction of business or any other consequential loss.
- f) Without prejudice to any other condition if the Company shall be liable to the customer for any loss or damage such liability shall be limited to the invoice price of the goods concerned.
- g) All quotations specifications information in catalogues representations whether written or oral and forecasts of performance howsoever given are
approximate only and do not form part of the contract and the Company shall have no liability in respect thereof and the Customer acknowledges that he has not relied upon any such representation.
- h) The Company shall have no liability in respect of any failure or delay in fulfilling its obligations to the extent that fulfilment thereof is prevented, frustrated, impeded, delayed or rendered uneconomic due to any cause beyond the reasonable control of the Company.
The customer shall indemnify the Company against any claim by any third party arising out of or in connection with any of the goods.