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Terms and conditions

1. Introduction and General

These conditions shall form a part of every contract of sale entered into by Team Industries Ltd (Team) and any purported variation or exclusion (whether contained in any document of the buyer or otherwise) shall be of no effect unless accepted in writing by Team.

2. Validity and Acceptance

  • (a) An order whether or not based upon a quotation shall not be binding on Team unless accepted in writing.
  • (b) Any representations or warranties made or given by anyone on Team’s behalf prior to its acceptance of an order and not contained in Team’s written quotation or order acknowledgement are hereby expressly excluded.
  • (c) Without prejudice to the provisions of clause 4 of these conditions, Team may alter price if insufficient information is provided by the buyer to enable Team to proceed immediately with the order.

3. Specifications

Team will take every precaution to ensure accuracy of dimensions and weights. However, all drawings, descriptive matter, weights and dimensions supplied by Team are by way of general description, are approximate only, and in no way binding by Team.

4. Prices and Payment

All prices quoted by Team are those applicable at the date of receipt of order and not at the date of despatch. All prices are subject to revision at any time and Team reserves the right provided notice in writing is given to the buyer to charge such revised prices for the goods remaining to be despatched.

Unless otherwise agreed in writing prices quoted are strictly net and payment for deliveries shall be made WITHIN 30 DAYS from the date of invoice unless otherwise agreed by Team in writing. Team shall have the right to render an invoice for the full price of the goods or any part thereof at such time or times as Team shall determine.

In the event. Team shall be entitled to withhold deliveries and work carried out without prejudice to its rights to payment for goods delivered and for work undertaken and expenses incurred in connection with undelivered goods which shall become immediately due and payable on demand.

5. Despatch

Time for despatch shall be calculated from the receipt by Team of notice by letter or fax to proceed accompanied by all such information as necessary to enable Team to begin work. Team shall be entitled to require the buyer to serve such notice to proceed. Team will use its best endeavours to despatch within the time stated or by an agreed delivery date, whichever is applicable but Team shall be in no way liable for late despatch unless Team has given a guarantee which contains an agreed payment by way of liquidated damages for late despatch. In the event of late despatch Team shall have no liability except for the payment of such liquidated damages and delay in despatch shall in no case entitle the buyer to cancel the order unless such cancellation is agreed by Team in writing.

6. Title and Risk.

  • (a) Title of the goods shall remain with Team until the buyer makes payment in full.
  • (b) In the event of the buyer suffering any distress or execution to be levied against him or entering into any arrangement with his creditors or becoming subject to the bankruptcy laws or entering into liquidation otherwise than for the purposes of amalgamation or reconstruction or having a receiver appointed of the whole or any part of its Assets. Team without prejudice to its rights under these conditions shall be entitled to enter upon any land or premises where the goods or any product embodying the goods may be for the time being, to detach the goods if so embodied and to recover possession of them.
  • (c) The risk in the goods shall pass to the buyer on delivery.

7. Delivery

Unless otherwise agreed by Team in writing, delivery costs are to be borne by the buyer. Upon Team notifying the buyer that the goods are ready for delivery or tendering delivery of the goods, the buyer shall agree to accept delivery of the goods forthwith. If the buyer shall fail to give proper delivery instructions or to accept delivery as aforesaid the buyer shall be liable for all costs incurred by Team as a result of such failure which shall become immediately due and payable on demand but such liability shall not affect the buyers obligation to purchase the goods or the right of Team to damages for breach of such obligation.

In the event that the goods are transported at a time and place agreed with the buyer but no representative of the buyer is present when the goods are so transported Team reserves the right to deposit such goods at the specified place and Team shall have no liability in respect of loss or damage resulting therefrom.

8. Damage in Transit

Team shall have no liability in respect of goods lost or damaged in transit unless the price stated includes transportation by Team and:

  • (i) In the case of a whole consignment failing to arrive the buyer gives notice thereof to Team in writing within 14 days of the date fixed for despatch.
  • ii) In any other case the buyer gives notice thereof in writing to Team within 7 days of receipt of the goods. Team’s liability in respect of the goods lost or damaged in transit shall be limited to repairing such goods.

9. Guarantee and Exclusion of Liability

  • (a) Where goods are supplied new with a manufacturers guarantee, the buyer shall have the advantage of that guarantee.
  • (b) Where goods are supplied second hand or without a manufacturers guarantee, the buyer shall only have the rights which the buyer and Team agree under the contract that the buyer shall have. Where under (a) and (b) above the buyer is entitled to rights under a guarantee, those rights will only be effective provided that:-
    • (i) The buyer has followed Team’s instructions as to cleaning, lubrication, operation and general maintenance.
    • (ii) In the case of defects which would have been apparent to the buyer on reasonable examination of the goods on delivery the buyer notifies Team within 10 days in writing or the date of delivery.
    • (iii) In the case of any other defects the buyer notifies Team of the defects within 7 days of the date when the defects become apparent. Unless otherwise agreed the defective goods are promptly returned carriage paid. Team shall in no circumstances be liable for damage for wear and tear or for damage due to negligent or improper handling of the goods by the buyer, his employees or his agents, or for cases in which damage is due to any cause beyond Team’s control or for cases in which repairs or alterations have been carried out by the buyer without Team’s prior knowledge and control.
  • (c) Team shall have no liability for any information or advice given in connection with the supply of goods.
  • (d) Team shall not be responsible for any injury damage or loss caused directly or indirectly by the goods whether as a result of their operation or use or otherwise and whether as a result of any defect therein or otherwise, and the buyer shall indemnify Team against any claim arising from any such injury damage or loss.

10. Conditions

These conditions supersede all previously issued conditions of sale.

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