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TERMS AND CONDITIONS OF SALE
- This order is accepted subject to the condition that any delivery dates quoted are estimates only, and we accept no liability for any delays caused by breakdown of machinery, shipping strikes, lockouts, or any other factor over which we have no control.
- No credits allowed unless written notification is received within 7 days of receipt of goods.
- All prices subject to our confirmation at date of delivery.
- Payment for goods supplied by Nutex Wholesalers Ltd (“Nutex”) at the request of the customer must be made in full by the 20th of the month following delivery.
- Legal and equitable title to and ownership in the goods, the subject of any contract made with Nutex is retained by Nutex until payment is made for the goods and for all other goods supplied by Nutex to the customer.
- Until such payment is made in full for all goods sold by Nutex to the customer, the customer shall hold the goods as bailee for Nutex and store the goods in such a way that they are clearly identified as the property of Nutex.
- Notwithstanding that Nutex has retained ownership in the goods; risk in the goods shall pass to the customer when the goods are delivered to the customer or the customer’s agent or into the custody of a third party on the customer’s behalf.
- Nutex permits the customer to sell goods supplied to it by Nutex in the normal course of carrying on its business, though the customer will only do so as agent of Nutex and the proceeds of any on-sale shall be the property of Nutex. The customer is to ensure that such proceeds of any on-sale are at all times held in a separate fund in trust for Nutex. If the goods, the subject of this contract, have become the constituent of, mixed with or attached to any other goods, meaning goods other than those sold by Nutex, and those goods are sold by the customer prior to Nutex receiving payment, then a portion of the proceeds of that sale, attributable to Nutex’s goods shall be the property of Nutex and the customer will ensure that such proceeds are at all times held in a separate fun in trust for Nutex.
- While any moneys are outstanding by the customer to Nutex, the customer grants to Nutex the free and uninterrupted right to enter the premises of the customer during normal business hours to uplift any of Nutex’s goods. If the customer is in default of payment in respect of those goods or if it does any act or omits to do any act which would entitle or cause a receiver to be appointed or which would entitle any person to present a petition to wind up the customer or if the customer goes Into voluntary winding up. Nutex shall not be held liable for any damage caused in respect of entering the customer’s premises and repossessing goods.
- If one or more of the provisions or part of any provision in this clause creates or is held to create a charge, it shall not affect the enforceability of the other provisions or other part of any provision in this clause, and shall be severed from this clause so that the remaining provisions or any other part of any provision of this clause shall remain enforceable to the fullest extent permitted by law.
- Any variation to these terms must be agreed to in writing by the company.
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