Conditions of Trading.
Where a purchaser is dealing as a consumer within the meaning of the sale of goods and supply of services 1980 nothing herein contained or in any other document in relation to this transaction is intended to affect or prejudice, nor will it affect or prejudice the statutory right of such purchaser under sections 12, 13, 14 and 15 of the sale of goods acts, 1893 – 1980.
Terms and Conditions of Trading.
- All transactions whether for the sale of goods or supply of services entered into by Amac Farm Supplies T/A Tattans (hereinafter referred to as the seller) with the purchaser shall be on the terms and conditions herein contained, and any variation, modification or alteration thereof shall not be binding on the seller unless such variation, modification or alteration is reduced to writing and signed by an authorised officer or agent on behalf of the seller. Any order whether verbally or in writing by the purchaser is and shall be deemed to be subject to the terms and conditions herein contained.
- Where goods are sold to the purchaser on a credit account the purchaser shall within one month from the date of any statement in respect of such account furnished by the seller to the purchaser, pay the sum due as shown thereon. In the event that the purchaser should fail to pay all or any part of the sum due and shown as aforesaid then interest by the way of service credit charge per month will be applied on the unpaid amount and irrespective of whether the said amount consists of the price of goods charged or service charge applied on previous overdue balances, if any. Unless otherwise directed by the purchaser in writing all payments made by the purchaser in respect of any such amounts due shall be appropriated firstly in reduction of any sum due or for interest by way of Service Charge and thereafter in reduction of any amount due in respect of the price of goods sold and charged to the said Credit Account. Without prejudice to the foregoing the rate of service charge herein may be varied by the seller from time to time and notified to the purchaser. Set off; Where monies are due by the purchaser to the seller in a credit account or any other account, the seller reserves the right to set off such monies against any monies owed, howsoever accrued, by the seller to the purchaser.
- No credit account shall be opened or permitted to operate by the seller otherwise than on the terms in clause 2 hereof and the purchaser agrees that such terms shall apply to any such credit account opened and operated by the seller at the purchasers request.
- The ownership of all goods to be supplies or delivered as specified in any order or invoice shall, notwithstanding the delivery or supply thereof to the purchaser only be transferred to the purchaser when the full amount of the purchase price in respect thereof and in the case of any goods sold and delivered on Credit account, interest due thereon, has been discharged in full. In default of payment of such sum or sums due in respect of such goods as aforesaid title to the said goods shall remain with the seller and the seller shall have the right to repossess the said goods without notice or other formality and in the event that the purchaser should resell the said goods whether or not the same shall have been converted into other products the purchaser shall hold the proceed of such sale in trust to the extent of any indebtedness in respect of the price thereof for the seller and shall account to the seller within five days of the receipt thereof. The risk in the goods passes to the purchaser upon delivery by the seller.
- All goods are supplied subject to current taxes and service charge, ruling at the date of delivery.
- Where the purchaser deals as a consumer within within the meaning of the Sale of Goods and Supply of Services Act 1893 – 1980 the goods are sold subject to any conditions and warranties implied by the Sale of Goods Acts 1893 – 1980 save that in all cases in which the purchaser does not deal as a consumer within the meaning of the State of Goods and Supply of Services Act 1980 all representations, statements conditions or warranties as to the quality of goods or their fitness for any purpose whether express or implies by law or otherwise are hereby expressly excluded.
- In any cases in which the seller supplies a service within the meaning of part IV of the Sale of Goods and Supply of Services Act 1980 all statements, representations, conditions or warranties as to the quality of such service or materials supplied by the seller in connection with such service, whether express or implied by law or otherwise are hereby expressly excluded.