These Conditions of Sale shall not exclude, limit, restrict or modify the rights , entitlements and remedies conferred upon the parties hereto  by any condition of warranty implied by a Fiji Government Act or Ordinance rendering void or prohibiting such exclusion , limitation , restriction or modification .

 
General

The Seller (as shown on the invoice) has contracted to supply goods as specified on the invoice only on the basis that the Buyer (as shown on the invoice) has accepted this and the following terms and conditions of sale. No variation or addition hereto shall be recognised by seller unless it has been formally agreed in writing between seller and buyer. Any special condition on buyer’s order of documentation provided by or on behalf of the buyer does not form part of this contract.

Risk

The risk in the goods purchased shall pass onto the buyer upon dispatch from the seller’s premises. Seller is not liable for non-delivery or delayed delivery if occasioned by circumstances arising out of a strike or other occurrence which are unavoidable or beyond sellers control and in such circumstances the buyer nevertheless accept the goods when delivered.

 
Terms of Payment
Unless otherwise agreed in writing by the seller , payment shall be made no later than the 25^th day of the month following the date of this invoice and if payment has not been made by that date the seller may charge interest on any amount unpaid on and after that date at such rate not exceeding fifteen per cent per annum as it deems fit from the last day of the month following this invoice to the actual date on which payment is made.

Warranty, exclusion and liability Limitation

While the seller will use its best endeavours to ensure that goods are of good quality all representations made by or on behalf of the seller either express or implied regarding the quality state, condition, fitness or properties of the goods or any of them supplied by the seller are hereby excluded. The seller shall not be liable for any incidental or consequential loss or damage suffered by he buyer arising out of any defect or want of quality condition of fitness of the goods or any of them nor shall the seller be liable for any loss or damage suffered by the buyer as a result of the manner in which the goods are applied or as a result of the goods being used with incompatible materials or applied to unsuitable or incompatible surfaces or undercoats. The liability of the seller pursuant to this contract is limited solely to the replacement of the goods or ( at the option of the seller) a refund of the purchase price but unless the buyer makes a claim in writing not more than seven days after the date of which the purchaser takes the delivery of the goods within that time forwards this invoice or a copy thereof to the seller together with a sufficient sample of the goods to enable a proper examination to be carried out by the seller, the seller will be under no liability to the buyer whatsoever.

 
Return of Goods
The Seller will not accept return of unused goods for credit more than seven days after delivery and then only if accompanied by this invoice or a copy thereof and the freight is prepaid by the purchaser. The goods shall remain at Purchaser risk until received into Sellers store. The company ensures the right to deduct 10% of the invoice value towards administrative costs and a higher amount in case of damage if any of the goods.

Price

Unless a price is separately quoted firm in writing, the price charged on the invoice is the price ruling on the date the purchase was made.

 
Ownership of Goods

a)       Risk in any goods supplied by the seller shall pass when such goods are delivered to the buyer or into custody on the buyers behalf but ownership in property (both legal and equitable) of such goods is retained by the seller, until full payments is made for such goods and or for all other goods supplied by the seller to the buyer. If such goods are sold by the buyer prior to the payment for such goods, then the proceeds for the sale thereof shall be the seller.

b)       If any money is outstanding by the seller, the buyer grants the seller the free and uninterrupted right to enter the premises of the buyer during the normal business hours to uplift any goods which have been purchased from the seller.

 
Seller’s Liability

In no even shall the seller be responsible for any loss of profit, penalties, expenditure, damage or losses incurred by the buyer arising of any delay in delivery or caused by or arising out of any use of dealing with the goods whether arising from any defect in the goods, unsuitability for the buyer’s purpose, negligence by the seller or its employees or agents or in any way, seller’s liability being strictly limited to replacement only.

 
Disclosure to Data Bureau Limited
The seller reserves the right to disclose the non-payment of this invoice to Data Bureau Limited or any other credit rating / assessment agency, without seeking prior approval / consent from the buyer.