TERMS OF TRADING

THE AGREEMENT

  1. The customer hereby warrants that the information contained herein is true accurate and correct and is supplied for the purpose of obtaining credit. 
  2. The customer hereby warrants that the person signing this agreement is duly authorised to apply for credit and execute this agreement. 
  3. The customer agrees to adhere to the terms and conditions of this agreement. 
  4. The customer agrees that this is not entitled to any credit facilities until it receives notification from the supplier stating that credit facilities have been given. Until the customer received such notice from the supplier any goods that are supplied to the customer shall be on the basis of cash on or before delivery. 
  5. The parties agree that in the event of the supplier prior to approving credit granting the customer time to pay for any goods supplied then such supply shall not amount to a waiver by the supplier of any terms of this agreement nor to be construed or be taken either directly or by implication as a granting by the supplier of credit facilities to the customer and no credit facilities shall be granted unless so stated in the notice as referred to in the immediately preceding clause. 
  6. In the event of the supplier granting credit facilities to the customer then the following terms shall apply: 
    (i) All accounts are to be settled in full within the period of time specified in the notification in clause 4.
    (ii) Should the customer (irrespective of whether the time for payment or any delivery hereunder has expired) default in the payment of any monies due under this agreement then all monies due to the supplier by the customer shall immediately become due and payable and shall be paid by the customer within (7) days of the Date of Demand (hereinafter called “the date of due payment”) and the supplier shall be entitled to charge interest at the rate of 9% (interest rate varies as per Civil Claims) per annum on all monies outstanding from the date of actual payment. 
    (iii) Any expenses, costs or disbursements incurred by the supplier in recovering any outstanding monies including debt collection agency fees and solicitor’s costs shall be paid by the customer, provided that these fees do not exceed the charges as usually charged by that debt collection agency/solicitor for work of that nature. 
  7. The directors/shareholders of the customer do hereby jointly and severally guarantee payment of the account and agree to enter into the standard form of guarantee used by the supplier should such guarantee be required. 
  8. For the purpose of this document the word “goods” shall mean all goods and chattels and all charges for work and labour done hire charges fees service charges repairs insurance charges of whatever nature associated with the supply and manufacture and construction repair of the goods supplied to the customer and all the terms and conditions of this agreement shall relate to any charge herein before mentioned imposed by the supplier to the customer. 
  9. Property of the goods shall pass to the customer at the time the goods are placed on the vehicle which is to effect delivery from the supplier’s store or warehouse or any store or warehouse from which the goods are despatched to the customer and shall thereafter be the customer’s risk. 
  10. FREIGHT:
    (i) Upon written order specifically instructing the supplier to do so the supplier will arrange freight and delivery from the supplier’s warehouse to the customer’s premises or to their order and all goods delivered will be at the customer’s risk from the date of dispatch.
    (ii) Claims will not be accepted unless made in writing within (10) days of receipt or delivery and any such claims shall be limited to the value of the goods supplied.
    (iv) The supplier will incur no liability for loss or damage due to circumstances beyond its control or during transit. 
    (v) Customers who use commercial or rail transport carry their own insurance risk unless written order specifically instructs the supplier to arrange and charge for insurance on their behalf. 
    (vi) If premium service such as Air Freight or “overnight road” is requested these charges will also be at the customer’s expense and the goods at the customer’s risk. 
  11. CHANGE OF OWNERSHIP – REGISTERED PARTICULARS 
    The customer shall no later than (14) days prior to any proposed change of ownership change in registered particulars alterations additions to the shareholding or directorship notify the supplier of the proposed change and the customer shall notify the supplier of any change alteration or addition to the customer’s internal structure and shall provide full details of the proposed change alteration or addition unless the supplier has acknowledged in writing acceptance of the intending change alteration or addition. 
  12. The customer undertakes personal responsibility for all debts incurred by the customer, notwithstanding any change in status of the organisation of the customer, until such time as the customer notifies the supplier by registered or certified mail of any change and a new application for credit is made under the title of the new organisation. 
  13. The customer hereby charges as beneficial owner of the land of which the goods are situated or the work carried out and other land owned or in the future acquired by the customer from time to time as security for the payment of all monies outstanding from time to time by the customer to the supplier and in addition the customer agrees immediately upon being required to do so by the supplier to enter into a mortgage to be prepared by the supplier’s solicitor on such terms and conditions as the supplier’s solicitor shall think fit to secure any sum due hereunder and the customer further agrees and permits and authorises the supplier to register caveat over any land now owned by the customer or in the future acquired by the customer to secure any sum due at any time during the continuation of the agreement. 
  14. PRICING: The supplier’s fabrics are sold as cut length rolls. The supplier defines a cut length of fabric as up to one roll. Full rolls are of unspecified length. Not all suppliers’ fabrics are available in cut lengths. Prices are subject to alteration without notice and goods will be supplied at the prices prevailing at the date of delivery. 
  15. The supplier does not warrant to the customer retail prices. It shall be the customer’s sole responsibility to determine the retail selling price of goods purchased by the customer from the supplier. 
  16. PROCEDURE OF RECEIPT OF GOODS 
    (i) All goods must be carefully checked upon receipt by the customer. The customer should check the goods are correct in name, colour, quantity, size, length, finish and faults. 
    Special Note: The responsibility for ensuring the fabric is checked before cutting remains that of the customer even when the goods are delivered on the customer’s instructions to another company or individual for conversion. 
    (ii) No claims will be accepted once fabrics are cut or once the goods have been in any way converted. 
  17. RETURN OF GOODS: returns can only be accepted if the fabric is not in accordance with the customer’s order, the fabric is uncut, and is returned within (7) days from receipt of goods. Goods to be returned will not be accepted without prior approval by the supplier and must be in original condition. Any returns to be arranged by the supplier otherwise freight must be prepaid. Any goods supplied to order and subsequently returned, or in the case of a customer error, will incur surcharge and the cost of freight both ways will be at the customer’s expense. 
  18. MINIMUM ORDERS: Minimal invoice value is $5.00. 
  19. BACK ORDERS: Where the supplier undertakes to place the on back order, the order is accepted on the condition that the supplier charges the appropriate price prevailing at the time of delivery. 
  20. CANCELLATION OF ORDERS: Cancellation of orders will be accepted, if the order has been committed for dispatch.