Terms & Conditions

  1. TERMS

                Our Terms of trade include the following:

 

  1. All charge accounts are due for payment on receipt of invoice and by the 20th of the following month.
  2. If payment is not received by the 5th of the next month (i.e. first month overdue) interest is charged at 1.5% for one month.
  3. If payment is not received by the 1st of the 2nd month overdue, credit is withheld until payment is made and a further 1.5% interest is charged for one month.
  4. When accounts remain unpaid at the beginning of the 3rd month overdue they are placed on the hands of a collection agency and all costs incurred including interest at 1.5% per month are added to the amount owing.

 

  1. OWNERSHIP

 

  1. Ownership in goods supplied shall remain with the company until the goods are paid for.
  2. If the goods are sold to third parties prior to being paid for then the Customer shall hold the proceeds of the sale in trust for the Company until the goods have been paid for. The Customer will, on the demand of the Company, provide full details of all the sales made of goods that are not paid for and the account where the proceeds of the sales thereof are held.
  3. The Company shall have the right to enter onto the premises of the Customer at any time to inspect the unsold goods.
  4. The company shall have the right to enter onto the Customer’s premises at any time to recover possession of any unsold goods not paid for terms as in of 1 above.
  5. Notwithstanding the above, the risk in any goods supplied by the Company to the Customer shall pass when such goods are delivered to the Customer or into custody if another on the customer’s behalf. In the event of the Company recovering possession of any goods in accordance with the above provisions then the Company shall be entitled to be compensated by the Customer for any damage to or loss of value of such goods.

 

  1. RETURNED GOODS

 

  1. Goods returned for credit must be returned within 14 days of sale and must be accompanied by details of original packing slip number and date.
  2. Indent of specially procured items are NOT returnable.
  3. Goods returned for credit must be in unopened containers with seals in place.
  4. All items returned for credit to be freight paid by the Purchaser.
  5. Deduction of handling charges from credits for all items returned will be at the Company’s discretion.
  6. The Company may decline to accept any goods for return.
  7. All goods specifically procured for customer are not returnable.

 

  1. PERSONAL PROPERTY SECURITIES ACT 1999:

 

  1. Without limiting anything else in these terms, the Customer acknowledges that:

a)      these terms create, in favour of the Company, a security interest in all present and after acquired goods (“the Goods”) to secure the payment by the Customer to the Company of the amount owing; and

b)      These terms will apply notwithstanding anything, express or implied, to the contrary contained in any purchases order (or its equivalent, whatever called) of the Customer: and

c)      the Security Interest shall continue until the Company gives the Customer a final release.

 

       The Customer undertakes to:

a)      Promptly do all things, sign any further documents and /or provide any information which the Company may reasonably require to enable the Company to perfect and maintain the perfection of its Security Interest (including by registration of a financing statement);

b)      Give the Company (addressed to the financial controller or equivalent) not less than 14 days’ prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to, changed in the Customer’s address, facsimile number, trading name or business practice).

  1. The Customer waives its right to receive a verification statement in respect of any financing statement relating to the Security Interest.
  2. To the extent permitted by law, the Customer and the Company contract out of:

a)             Section 114(1)(a) of the PPSA; and

b)             the Customer’s rights referred to in sections 107(2)(c), (d), (h) and (i) of the PPSA

  1. The Customer agrees that the Security Interest has the same priority in relation to all amounts forming part of the amount owing, including future advances.

 

  1. DEFAULT

                If a default occurs:

a)             the Company may suspend or terminate any contract;

b)             the amounts owing shall immediately become due and payable notwithstanding that the due date has not arisen; and/or

c)             The Company may enforce the Security Interest; and/or

d)            The Company may (without the consent of the Customer) appoint a receiver in respect of any Goods and any receiver is authorised to do anything referred to in these terms and otherwise to exercise all rights and powers conferred on a receiver by law.

 

  1. The Purchaser agrees that, at any time after a default has occurred and is continuing or at any time if the Goods are at risk, The Company may:

 

a)             take possession of the Goods; and/or

b)             sell or otherwise dispose of the Goods,

        In each case in such manner and generally on such terms and conditions as it thinks fit and, in each case, otherwise do anything the Customer could do in relation to the Goods. The Company and the Customer agree that section (109)(1) of the PPSA is contracted out of in respect of particular goods if, and only for so long as, The Company is not the secured party with priority over all other secured parties in respect of those goods. As the Customer’s agent, the Company (and its employees and agents) may, without prior notice, enter any land or premises where the Goods are kept in order to take possession of and/or remove them, without being responsible for any damage caused in doing so. The Customer agrees to procure all other rights (including consents) necessary to enable, and to indemnify the Company (and its employees and agents) against and liability incurred in connection with such entry, taking of possession and removal. The Company may resell any of the goods and apply the proceeds of sale in reduction of the amount owing.

 

  1. ERRORS AND OMMISSIONS

                The Company reserves the right to amend the description, quantity and price of any goods sold to the Purchaser, if stated in error or omitted from the original invoice.

 

  1. WARRANTY AND LIABILITY

 

  1. Except as provided in writing, or implied as a matter of law by the Consumers Guarantees Act 1993 no warranties are given by the Company in respect of the goods. Where the manufacturer or supplier of the goods to the Company provides any warranty, then the Company (to the extent it is able to do so) shall make such warranty available to the Customer.

 

  1. Except as provided in the Consumer Guarantees Act 1993:

a)            The Company shall not be liable for any loss of profits or any consequential, indirect to special loss, damage or injury of any kind whatsoever suffered by the Customer arising directly or indirectly from each or any of the Company’s obligations arising under or in connection with the supply of the goods of from any negligence, misrepresentation or other act or omission on the part of the Company, its servants, agents or contractors nor shall the Company be liable for any loss, damage or injury caused to the Customer’s servants, agents, contractors, visitors, tenants trespassers or other persons whomsoever (whether similar to the foregoing or not) arising as aforesaid.

b)            The Customer shall indemnify this Company against any claim by any kind of the foregoing persons in respect of loss, damage or injury arising as aforesaid.

 

  1. Notwithstanding any other term of this contract, the liability of the Company, whether in contract or in tort or otherwise howsoever, in respect of all claims for loss, damage or injury arising from breach of any of the Company’s obligations arising under or in connection with the supply of the goods, or from any negligence, misrepresentation or other act or omission on the part of the Company, its servants, agents or contractors shall not in aggregate exceed the invoice price of the item in question.

 

  1. The Company will not accept responsibility for any damage resulting from the goods being used by an unqualified tradesman or in an untradesmanlike manner, nor being adapted for a use for which they were not intended.

 

  1. It is always the purchaser’s responsibility to determine the grade of lubricant purchased is the correct grade for the intended use, notwithstanding any recommendation made by Oil Distributors Ltd staff or their agents given in good faith and to the best of their knowledge.