Terms and conditions of sale
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1. DEFINITIONS
In the Terms and Conditions, “Company” means Tydi Limited. “Customer” means the person, company, organisation or partnership for which this account is opened. “Account” means an account with Tydi Limited in the name of the Customer. “Goods” means the goods being purchased by the Customer from the Company.
2. Notwithstanding anything to the contrary contained in the Customer’s order and unless otherwise agreed in writing by Tydi Limited, the following terms and conditions shall apply to every contract for sale of Goods between Tydi Limited and the Customer.
3. PAYMENT
a) Unless otherwise agreed in writing by the Company, the Customer shall pay for Goods immediately upon delivery.
b) Payment must be made by electronic transfer with payment reaching Tydi account no later than the due date.
c) Where credit has been approved, payment for Goods will be due and payable by the 20th day after the date of invoice.
d) A weekly Statement of Account will be prepared and sent to the Customer. A Settlement Discount of 2.5% will apply where payment in full of all current transactions is received by the 14th day after the date of invoice . The discount should be deducted from payment. The Settlement Discount will not apply to transactions appearing on the Statement which were due for payment by the 20th day after the date of invoice.
4. PRICES
All Goods will be charged at the price, plus GST if any, applicable as at the date of invoice of the Goods. All prices are subject to alteration without notice. Unless otherwise agreed, all prices include the cost of delivery to the Customer’s warehouse or such other place agreed between the Company and the Customer.
5. DISPATCH AND CARRIAGE
While every effort will be made to keep to the despatch dates quoted and to supply the quantities of Goods contained in the order, the Company shall not be liable for any loss or damage suffered as a result of delay or as a result of the Company being unable to supply any order or any part of any order.
6. PROPERTY
Legal and beneficial ownership of any and all Goods shall remain with the Company until payment in full is made for them and for all other Goods supplied by the Company to the Customer.
7. REGISTRATION UNDER PERSONAL PROPERTY SECURITIES ACT 1999
a) Security Interest: Clause 6 creates a security interest in favour of the Company in all goods supplied by it to the Customer which have not been paid for in full, which may be registrable under the Personal Properties Securities Act 1999 (for the purposes of this Clause, the “PPSA”) once the PPSA comes into force.
b) Perfection of Security Interest: Should the Company desire to register the security interest created by Clause 6, the Customer undertakes to do such acts as, in the opinion of the Company, may be necessary to enable the security interest to be registered and perfected once the PPSA comes into force. If for any reason perfection of the security interest does not occur, the Customer will do such acts and provide such information requested by the Company or required to achieve the same. In all cases, the Customer shall act immediately when requested by the Company and at its own cost. In consideration of the Company entering into this agreement the Customer irrevocably and unconditionally nominates and appoints the Company as its lawful attorney with full power to execute any required PPSA documentation and do any required acts on its behalf should it fail to do so.
c) Waiver: To the fullest extent permitted by law the Customer waives any rights it may have now or in the future to receive a copy of any verification statement or other confirmation related to the interests created or provided for by, or perfected in the manner contemplated by this Clause.
d) Acknowledgement: The Customer acknowledges that the registration requirements of the PPSA have not yet been finalised and specifically consents to any variation of this Clause to make it effective for the purposes of registration and other requirements of the PPSA.
8. RISK
The risk of any loss or damage or deterioration in any Goods supplied by the Company due to any cause whatsoever shall pass from the Company to the Customer when such Goods are delivered to the Customer’s warehouse or such other place agreed between the Company and the Customer. Where goods are delivered to the Customer by transport hired by the Company, the Goods are considered to be under the Company’s control until the time the Goods are delivered to the Customers Warehouse or such other place agreed between the Company and the Customer.
9. CLAIMS
The Customer shall notify the Company in writing:
a) Of any discrepancy between the quantity of Goods delivered and the quantity of Goods invoiced within 7 days of the date of delivery of the Goods.
b) Of any damage to the Goods within 7 days of the date of delivery of the Goods.
The Company shall not be required to compensate the Customer for any discrepancy or damage if the Customer has not given written notice to the Company within the times specified.
10. LIABILITY
10.1 Any liability of the Company in relation to any order of Goods by the Customer shall be limited to the lesser of :
a) The purchase price of the Goods comprised in the order to which the claim relates; or
b) The cost of replacing the defective Goods; or
c) The actual loss or damage suffered by the Customer.The Company shall have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising
10.2 Where this agreement would otherwise be subject to the provisions of the Consumer Guarantees Act 1993 (‘CG Act”) the Company agrees that the Goods are supplied to the Customer for business purposes in terms of Sections 2 and 43 of the CG Act and that the provisions of the CG Act do not apply to the supply to the Customer
11. AMENDMENTS
The Company may amend these Terms and Conditions at any time by giving the Customer one months notice in writing.
13. CREDIT LIMITS The Company reserves the rights to set limits of the amount of credit it is prepared to grant each Customer. This credit limit may be changed at the sole discretion of the Company.
