Terms of Sale
SALE AGREEMENT - GENERAL CONDITIONS OF TRADING
Clarification In these conditions “the Company” means Container Sales & Leasing Ltd trading as Cheapascontainers.com.
Acceptances: No quotation made by the Company shall constitute an offer by the Company. No order will be accepted except on these conditions of trading and any terms proffered by the customer are hereby excluded. An order placed by a customer whether in writing, fax or e-mail shall be deemed to constitute an offer by the customer to enter into a contract on these conditions and may be accepted by the Company by fax, e-mail or in writing or, in the case of a verbal order, verbally. All verbal orders must be confirmed in writing within three working days.
Quoted Prices: Quoted prices are based on the costs of labour, materials, freight and materials at the date of the quotation. The quoted price may be increased to the extent that the cost of the goods to the Company increases as a result of an increase in any of the above costs after the date of the quotation. Additionally if any errors are made by the Company in computing the quoted price, the quoted price may be adjusted to correct such errors. Such increased or corrected price will be the contract price.
Unless otherwise stated all quoted prices exclude GST. GST will be charged at the current rate of 15%.
Deposit: When the quotation is in respect of the sale of purpose made goods to be manufactured by the Company, a deposit of a specified amount of the quoted price is required before the Company commences fabrication.
Payments: Unless otherwise stated, payment in full is required before the container leaves the Company’s premises. Where other payment terms are agreed, if any payment is not made on due date, the Company shall have the right to charge a late payment fee of $50 and send the overdue account to its credit agency for collection. All debt collection fees and legal costs will be added to amount owing.
Cancellation: The customer shall not be entitled to cancel any order which is accepted by the Company once work has begun on it. If the Company agrees to cancellation, the Company may charge the customer for all costs and expenses incurred by the Company in respect of the contract including the Company’s loss of profit.
Illustrations: Any illustrations shown fairly represent the articles listed but owing to frequent alterations or improvements in design, illustrations and specifications cannot be taken as exact in detail at all times.
Delivery Time: Delivery times quoted are subject to and date from:-
(i) Receipt of an order pursuant to a quotation, and
(ii) Provision of all necessary information by the customer to enable the Company to complete drawings for fabrication.
The Company will use all reasonable endeavours to make delivery at the time specified but if for any reason whatsoever the delivery shall be delayed, the Company shall not be responsible for any loss or damage whatsoever sustained by the customer any person, firm or corporation by reason of such delay.
Delivery Arrangements: Unless otherwise agreed the Company shall deliver the goods to the location specified by the customer. The cost of such delivery shall be borne by the customer. Delivery shall be deemed to have been effected, where the Company arranges for delivery, upon the goods arrival at the location specified by the customer. Delivery shall be deemed to have been effected where the Company does not arrange for delivery, upon the goods leaving the Company’s premises.
Force Majeure: The Company shall not be liable for any delay, alteration or failure in delivery if occasioned by any event beyond the Company’s control.
Risk: Risk to the goods shall pass to the customer upon delivery.
Title: Title to the goods shall remain with the Company until the whole of the contract price and all other amounts owing by the customer to the Company have been paid in full. Until title passes, the goods shall be held on bailment, be kept separate and identifiable.
Loss or Damage in Transit: If the Company arranges for delivery of the goods and such goods are lost or damaged in transit before risk in them passes to the customer, the Company will at its option replace, repair or give credit for them only if the customer notifies the company within seven days after delivery of the goods in the case of damage or short delivery or within seven days of receipt of the Company’s invoice in the case of non-delivery of the whole of the consignment of goods.
Warranty:Our technical advice whether verbal, in writing or by way for trial is given in good faith without warranty, and this also applies where proprietary rights of third parties are involved. It does not release you from the obligation to test the products supplied by us as to their suitability for the intended processes and uses. The application and use of the products are beyond our control and therefore, entirely your own responsibility. Should, is spite of this, liability be established for any damage, it will be limited to the value of the goods delivered by us and used by you. We will provide products of consistent quality within the scope of our general conditions of sale and purchase.
Liability: The Company shall not be bound by any representation or warranty made by the Company, its employees or agents unless set out in writing and the customer agrees it has purchased/hired the goods in reliance on the customer’s judgement. The Company shall not be liable in any circumstances for indirect or consequential losses or damages. Except as set out in “Title” and “Loss or Damage in Transit” clauses hereof the Company shall not be liable in any way to the customers and all conditions, representations, warranties and undertakings whether implied by statute or common law are hereby excluded provided that if by reason of law the Company is obliged to pay damages to the customer (it being the intention that no such damages may be recovered) the same shall be limited to the customer’s actual loss or the cost of goods whichever is the less.
Building Consent: Unless otherwise stated, it is the responsibility of the customer to apply for Building Consents or the like, should they be required. The Company will provide any information or data required to assist the customer with their application for consent. Any costs incurred by the company will be fully reimbursable by the customer.