Any quotation by the Seller and any acceptance of Buyer’s order are subject to these conditions. These conditions are incorporated in every contract for the sale of goods manufactured or supplied by the Seller. “The Seller” means General Paints Ltd., and “the Buyer” means the person with whom the Seller contracts to sell the goods. “the Goods” mean the merchandise which the Seller contracts sell to the Buyer including such packaging and containers in which the merchandise is contained (other than any container in which the said merchandise and packaging is despatched and which it is agreed shall remain the property of the Seller ). Any quotation by the Seller and any acceptance of Buyer’s order are subject to availability of supplies, raw materials, packing transport.
2. TECHNICAL INFORMATION LEAFLETS.
The Buyer shall satisfy himself that any Technical Information Leaflets issued by the Seller in his possession are the most up to date available in relation to the goods. The information given in the Seller’s Technical Information leaflets is given in good faith but without any warranty.
The goods shall be properly packed and secured in such manner as to reach the destination in good condition under normal conditions of transport. Shortages or damages must be noted on Carrier’s delivery sheet and Seller notified in writing within seven days, otherwise claims cannot be considered. All orders are accepted subject to supplies being available and to prices ruling at date of despatch. All goods returned are subject to a re-stocking charge of 20%.
4. WARRANTIES AND LIABILITY.
(a) The Seller hereby warrants that the goods shall accord with the specifications of the Buyer (if any) and if there is no such specification that the goods shall be of sound commercial quality. No other warranty condition description or representation is or is to be deemed to have been given or implied by or from the contract or by or from anything said or written in the negotiations between the parties. (b)Any recommendation, suggestion or representation relating to the use of the goods made by the Seller in technical literature, in reply to a specific enquiry or otherwise is given in good faith but it is for the Buyer to satisfy himself of the suitability of the goods for his own particular purpose. Accordingly the Seller gives no warranty as to the fitness of the goods for any particular purpose and any implied warranty or condition (statutory or otherwise) is hereby excluded except in so far as such exclusion is precluded by law. In no circumstances shall the liability (if any) of the Seller to the Buyer arising under, out of or in connection with this Contract exceed the Invoice price of the goods alleged to be defective or in regard to which the complaint is made and the Seller shall in no circumstances be liable for any loss of profit or consequential loss. The seller shall not be liable to the Buyer for the observance of the terms of any guarantee given by any third party in relation to the goods.
The goods shall be used or re-sold as the case may be by the Buyer only from or in the cans, packages or containers in which the goods are supplied by the Seller. The Buyer shall not represent or re-sell the goods in any way other than under the trade name under which the same are sold by the Seller. The Buyer shall not erase, obliterate, alter or amend nor permit or cause to be erased, obliterated, altered or amended any word, sign or emblem on any of the said cans, packages or containers.
6. PAYMENT AND CURRENCY.
The Currency of the Contract and the currency of the account shall be such currency as is stipulated by the Seller in its Invoice for the goods. Payment strictly 30 days end of month. If the Buyer shall fail to pay to the Seller on the due date any sum payable under this Contract the Seller may either suspend further deliveries under the Contract until all such sums due and payable hereunder shall have been paid by the Buyer to the Seller or require payment in advance for all or any such deliveries.
7. RESERVATION OF TITLE
The goods supplied shall remain the property of the seller until the entire of the purchase price payable therefore and all other debts owing by the Buyer to the Seller have been paid in full. Until such payment has been made the Buyer shall have possession of such goods as bailee only and, if the Seller so required, the Buyer shall store such goods, at no cost to the Seller so that they are clearly identified as belonging to the Seller. The Seller’s labels shall not be removed. The Buyer shall be entitled to sell the said goods for the account of the Seller during the time that they remain the property of the Seller. In such event the buyer shall be under a fiduciary duty to account to the seller for the proceeds of such sale to the extent of the total of all monies owing by the Buyer to the Seller. In addition the Seller shall be entitled to claim directly from the customer any purchase monies unpaid by the customer, but the Seller shall be obliged to pay to the Buyer any monies recovered in excess of the total of the costs and expenses of making such claims and the amount then owing by the Buyer to the Seller. If any amount owing by the Buyer to the Seller is overdue, the Seller may without prejudice, to any of its other rights or remedies repossess and re-sell any or all of such goods, and may enter upon the Buyer’s premises for that purpose. The goods shall be at the risk of the buyer from the time of delivery to the Buyer not withstanding that the property in the goods shall not have passed to the Buyer.