Busby's Terms of Trade
Whereas the Company and the Customer intend contracting from time for the sale and delivery of goods, each transaction shall be governed by the terms and conditions set out hereunder.
1. Interpretation
Words importing any one gender, include the other gender and words in the singular include the plural.
2. Governing Provision
All transactions with the customer where the credit is given will be governed by the terms of this agreement. However, nothing in this agreement shall be construed as obliging the company to enter into any transaction with the customer.
3. Terms
On acceptance of this agreement the customer will be granted credit facilities in respect of which payment shall be due thirty days from the close of the company's accounting month in which invoicing takes place. The company reserves the right to allocate all payments received against the oldest amounts outstanding on the customer's account, notwithstanding that the customer may indicate that the payment is in respect of subsequent debts and the customer shall not be entitled to insist that such payment be allocated in respect of subsequent debts.
4. Estimates and quotations
Estimates and quotations not accepted within thirty days thereof shall be deemed to be withdrawn and cancelled.
5. Samples
Proof, pulls, samples, specimens, sketches, photographs or any representation, whether partial or total, of the finished article in whatever form may be submitted to the customer for approval. After approval the customer shall have no claim against the company for errors in the exemplar as approved by it. Changes required by the customer, other than the correction of company errors, will be charged for.
6. Delivery
Goods will be dispatched or must be collected by the customer when ready for collection and the customer shall not delay or refuse delivery. The signature of the customer or of any person purporting to represent the customer on the official company delivery note or waybill and/or the delivery note of an authorised independent carrier, will constitute sufficient proof of delivery of the goods supplied by the company from time to time.
7. Complaints and Claims
The company shall not be liable in respect of any complaint or alleged claim unless received in writing within thirty days of invoicing.
8. Passing of Ownership
The parties record and agree that ownership in all goods sold by the company shall remain vested in the company until paid for in full by the customer. In the event of the customer failing on due date to pay the full amount payable in respect thereof, the company shall forthwith be relieved of any obligation to deliver, or tender delivery of same and shall be free to deal with such goods in any way it may deem fit, including the sale thereof to a third party, notwithstanding that the goods may bear the imprint of the customer, in such latter event the customer waives any rights, whether arising from the imprint or otherwise, and indemnifies the company against any claims arising from the company's dealing with the goods as contemplated herein.
9. Exclusion of Liability
The company shall not be liable for any claim, including any claim for damages, consequential or otherwise, arising from the company's failure to perform, timeously or not at all, where such failure was occasioned by reason of Force Majeure from any and every cause whatsoever beyond the company's control. The company shall not be liable for any direct, indirect, consequential or other loss, including loss to third parties, arising out of errors in carrying out a contract, or by delay in delivery, or by unsuitability of goods for use as intended, whether occasioned by negligence or otherwise.
10. Suitability of Goods
It is the sole responsibility of the customer to determine whether the goods ordered by it are suitable for the purpose for which it intends using them. The company gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatever.
11. Jurisdiction
The customer agrees that any Magistrates Court having jurisdiction in respect of the customer shall have jurisdiction with respect to all matters, disputes and claims arising from this contract although such matters may exceed or be outside such jurisdiction. The company may, however, at its option, institute proceedings in any Supreme Court having jurisdiction.
Acceleration, Interest and Legal Action
Should the whole or any portion of any amount owing by the customer to the company not be paid on due date, the company may revoke the customers entire credit facility and demand payment of the full balance outstanding. The customer shall pay interest on overdue amounts at the rate of two percent per month reckoned from the date upon which any such amount was due for payment to the date of actual payment. If the company engages the services of an attorney to collect any amount from the customer, the customer shall be liable for all costs occasioned as a result, including collection commission and costs on the scale as between attorney and own client so as to compensate the company for any and all legal costs incurred.