The risk in the Goods shall pass to the Purchaser as follows:-
Where the seller delivers the Goods to the purchaser or to the purchasers order, then as from their arrival at the point where they are to be unloaded (provided that unloading shall be the responsibility of and at the risk of the purchaser); or
Where the Seller causes the Goods to be delivered to the purchaser or to the purchasers order, then as from the point of acceptance of the Goods into the custody and control of the carrier; or
Legal and equitable title to the Goods shall not pass to the purchaser until all amounts for the time being due and owing from the purchaser to the seller (whether for the Goods or under any other contract made between the seller and the purchaser) are received in full by the seller and until such time both the legal and beneficial ownership of the Goods shall remain with the seller.
For so long as the purchaser remains in possession of any Goods whilst title thereto remains with the seller:-
The Purchaser shall be fiduciary agent and bailee of such Goods for the seller;
The purchaser shall store such Goods separately from any other Goods so that they are identifiable as the property of the Seller;
The Purchaser shall not allow the Goods or any part of the Goods to be attached to any land or other piece of property without the express consent of the Seller;
The Purchaser hereby grants to the Seller an irrevocable right and licence to enter upon any part of its premises to repossess such goods ; and
The Purchaser shall insure the Goods with a reputable insurance company and hold the proceeds of any claim upon trust for the seller to settle outstanding payments.
If the Purchaser shall re-sell any Goods whilst title thereto remains with the seller;
The Purchaser shall not re-sell as an agent of the seller;
The Purchaser shall hold the proceeds of sale thereof (or any debt to the purchaser representing the same) upon trust for the seller.
The Purchaser shall not permit such proceeds of sale to be mingled with its own monies but shall pay the same into a separate trust account designated with the name of the seller; and
Any such debt due to the purchaser which is subject to such trust shall upon demand be assigned by the purchaser to the seller together with all such other rights (if any) as the purchaser may have against its debtor for recovery of the same.
Whilst title in the Goods shall remain vested in the seller the purchaser shall not either pledge or in any other way charge by way of security for any indebtedness any of the Goods.
Warranties by the seller
All Goods are warranted free of defects in materials and workmanship at the date of despatch and for the periods as indicated on each individual item in accordance with the warranty or guarantee documents enclosed therewith.
If the purchaser wishes to make a claim in accordance with the warranty then all warranty claims must be direct to the relevent manufacturer.
Within the appropriate warranty period where the defect is not so apparent. All warranty claims must be supported by the correctly completed warranty or guarantee documents.
In the event, the seller shall not accept any liability to any person for any consequential loss or damage howsoever caused.
Where a sample of the Goods has been exhibited to and inspected by the purchaser, then such sample shall be deemed to have been exhibited and inspected solely to enable the purchaser to judge for himself the quality of the bulk and not so as to constitute a sale by sample. The purchaser shall take the Goods at his own risk as to their corresponding with the said sample in respect of their quality, condition or sufficiency for any purpose.
Liability
The seller shall not be liable for:
Defects in the Goods caused by any act or default of the purchaser or of any third party;
Any consequential loss whatsoever.
The Seller shall not incur any liability in respect of Goods if these have been altered in any way following despatch to the purchaser.
Limitation of Liability
In the event of any shortage of defect in the Goods for which the seller accepts liability the sole obligation of the seller shall be at its option to make good any shortage and/or as appropriate replace or repair any goods found to be defective. In no circumstances shall the sellers aggregate liability to the purchaser whether for negligence, breach of contract, misrepresentation or otherwise exceed the cost of the defective or undelivered Goods determined by the net price invoiced to the purchaser.
Termination
If the purchaser enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or (being a company) it shall enter into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or if a receiver shall be appointed of any of the assets or undertaking of the purchaser, or if the purchaser suffers any similar action in consequence of debt or commits any breach of the contract the Seller may stop any Goods in transit and/or suspend any further deliveries and/or by notice in writing to the purchaser may forthwith determine the contract without prejudice to the provisions hereof and to any existing claim and the seller may enter upon the purchasers premises to re-possess any Goods the title to which has not passed to the purchaser, and the purchaser hereby grants to the seller a licence for that purpose.
Availabilty of Goods
Products and services are subject to availability and may be withdrawn at any time. we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.
Flexirent Orders
All Flexirent Orders are subject to credit approval and typically Flexirent orders must contain no more than 30% Software or Intangibles.
