FIELDAIR ENGINEERING LTD
CONDITIONS OF SALE
Charges for work undertaken will be based on the company's ruling rate prevailing at the time of carrying out the work. For parts and other goods supplied ex stock prices shall be those prevailing at the date of installation or delivery. Additional charges for overtime work at the customers request and specialised work such as welding, machining, bead blasting, inspection design work, etc will be made at such higher rate as shall be agreed between the company and the customer prior to the date of commencement of such work or if no such agreement is reached at such reasonable additional rate as the company may determine.
Unless expressly included in any quotation given by the company sales taxes, goods and services taxes and other taxes and duties assessed or levied in connection with work carried out or parts or other goods supplied to the customer are not included in the price and are the responsibility of the customer.
All work carried out on behalf of a customer and all parts and other goods supplied will be invoiced to the customer immediately after completion of the job or after delivery of such parts and goods to the customer. The company however reserves the right at all times to require payment for work carried out and parts and other goods supplied prior to releasing the object upon which the work was carried out or delivery of the parts and other goods. Payment in respect of invoices rendered shall be made not later than the 20th day of the month following the rendering of such invoice. No dispute in respect of any charge or price or in respect of workmanship shall entitle the customer to withhold payment of invoices rendered. The company reserves the right to charge interest at its current bank overdraft rate on accounts unpaid after the 20th of the month and the customer shall be liable for all further costs associated with collection of overdue accounts. Where the company carries out work for a customer over a period of more than one month then the company reserves the right to render a work in progress invoice at the end of each month. Such invoice shall be due for payment by not later than the 20th of the month following the rendering of the invoice.
Risk in anything delivered by the customer to the company for work to be carried out shall at all times remain with the customer. Risk in any parts or other goods supplied by the company to the customer shall pass either when such parts or goods are incorporated into any object delivered by the customer for repair or delivered to the customer or into custody on the customer's behalf.
Ownership of parts or goods sold by the company and whether incorporated into goods owned by the customer or delivered to the customer is retained by the company until payment is received for the full amount owing in respect of those parts or goods. This provision is designed to protect the company in the event of the bankruptcy, receivership, or liquidation of the customer, a seizure of goods by a creditor of the customer or default in payment. Such events and the filing of legal proceedings seeking any such event are subsequently referred to as "the said events". Until payment is made the customer shall be only a fiduciary owner of the goods and the customer agrees to:
i) Enable the parts and/or goods to be readily identifiable as the property of the company.
ii) Maintain the parts and/or goods so supplied or incorporated in good order and condition and to return the parts and/or goods immediately if called upon to do so by the company.
In the event of default in payment on the due date (time for which is strictly of the essence) or any of "the said events" the customer shall at the request of the company deliver into possession of the company the said parts and/or goods AND the company is authorised by the customer to enter into any premises on which the parts and/or goods may be located and to recover the same. The customer hereby agrees to meet all costs of and incidental to the recovery of the said parts and/or goods as well as any shortfalls between the amount owing and the value of the parts and/or goods are covered.
Delivery of parts or goods supplied shall be made at the place indicated by the customer or if no place is indicated delivery shall be made at the company's premises. If the customer fails or refuses to accept delivery the parts or goods shall be deemed to have been delivered when the company was willing to deliver them.
Any time for completion of work or delivery or parts or goods shall be approximate only and shall not be deemed to be of the essence of the contract.
All warranties, descriptions, representations and conditions as to suitability for any purpose, tolerance to any conditions or otherwise, whether of a like nature or not and whether expressed or implied by any trade custom or otherwise not expressly set forth in these Conditions of Sale are expressly excluded. No agent or representative of the company is authorised to make any representations, statements, warranties, conditions or agreements not expressly set forth herein. In respect of parts or goods supplied the only warranty which the company acknowledges is that given by the original supplier of the goods if any. The company will use its best endeavours to enable the customer to take advantage of any such warranty obtained from an original supplier of parts or goods if any but shall not itself be bound by such warranty.
The company shall not be liable for any loss of profits or consequential or special loss, damage or injury of any kind whatsoever suffered by the customer arising directly or indirectly from any breach of the company's obligations arising under or in connection with the contract with the customer or from any cancellation of such contract or from any negligence 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 customer's servants, agents, contractors, customer's visitors, tenants, trespassers or other person whosoever.
The customer authorises the company to set-off, withhold or deduct without prior notice or demand any amount due or payable to the company by the customer under this Agreement or any other agreement from any payment made by the company to the customer in full or partial satisfaction of any amount owing to the customer by the company under this Agreement or any other agreement. For the avoidance of doubt, this right of set-off applies to any amount due or payable under any agreement relating to the supply of goods and/or services between the company and customer.