Terms of Trade
DOD 2007 ©
Terms of Trade
These Terms of Trade, apply to all contracts for the sale of goods between The Department of Doing Limited (the company) and the Purchaser of such goods. In the case of Company, acceptance shall be complete upon the Company accepting the order or delivering the goods. In the case of The Purchaser, acceptance shall be complete upon the Purchaser signing or otherwise accepting the order (whether verbally or in writing) or accepting the goods. These conditions shall apply regardless of purchase order language to the contrary. The intended use of the goods shall be clearly stated by the purchaser to the Company and any special requirements must be stated to and expressly accepted by the Company.
1. Privacy Declaration
The applicant by signing the Terms of Trade, agrees and acknowledges that The Department of Doing Limited may disclose, discuss and obtain information from a third party. This includes obtaining from a Credit Reporting Agency a credit report containing information about the creditworthiness of the entity making the application and the individuals involved in that entity. The signatory of the credit account application form has appropriate authority and gives express permission to the above mentioned for the purpose of assessing the credit application and the ongoing monitoring.
2. Payment
All accounts are payable by the 20th day of the month following the date of invoice unless otherwise stated on the invoice. If the account is not paid within 30 days after the due date, our debt collection agent may charge you a fee equal to 25% of the unpaid portion of the price, but not less than $25.00. Where the total debt collection agency costs, legal and other costs arising from the collection of any amount owing exceeds the debt collection fee charged, our debt collection agent is also entitled to recover such additional costs from you. This clause is intended to be for the benefit of and enforceable by our debt collection agency under the Contracts (Privity) Act 1982.
3. Price
Quoted prices are valid for thirty days from the date of quotation. Prices may be revised before the order is accepted in the event that details of the actual order differ from those quoted. Prices may also be revised before the order is accepted to correct clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgments or invoice, shall be subject to correction.
4. Company’s Liability
- The Company’s liability under the contract is limited to replacement of goods or issue of a credit for an amount equivalent to their invoice value and the Company shall not be liable otherwise for any loss or damage whatsoever arising from failure wholly or in part to perform the contract.
- In no circumstances whatever will the Company be liable for consequential loss.
- Claims against goods supplied must be made in writing:
- Within ten days after the receipt of goods, if for shortages
- or within thirty days after receipt of goods, if for defects. The goods must be held available at the Purchasers place of business for the Company’s inspection otherwise such claim shall be deemed waived.
5. Delivery and Delay
Delivery of the goods shall be made where indicated in the Purchaser’s order. Dates given for shipment or delivery are not to be treated as conditions of sale, but will be kept to as closely as possible. No claims will be accepted by the Company on account of late shipment or delivery.
6. Warranty
Information provided about goods supplied by the Company and the use thereof are believed to be reliable, but do not constitute a guarantee or warranty. All goods are sold with the understanding that the Purchaser will independently determine the suitability of each of them for the application for which it is purchased. All goods are waranteed to be free from defects in material and/or workmanship. Any material shown to the Company’s satisfaction to be defective at the time of sale will be replaced without charge or a credit issued to offset the cost of the defective material. In no event will claims of any kind beyond the replacement of/or credit for the defective material be considered. All other warranties are excluded, except such warranties, which may apply under the Consumer Guarantees Act 1993.
7. Risk and Title
- Ownership of intellectual property shall not pass to the Purchaser and is expressly retained by the Company until all outstanding indebtedness is discharged.
- Ownership of the goods shall not pass to the Purchaser and is expressly retained by the Company until all outstanding indebtedness is discharged.
- Risk of any loss or damage to or deterioration of the goods due to any cause shall be borne by the Purchaser from the time when the goods are delivered.
8. Default
If the Purchaser defaults in the payment of any monies due to the Company, without prejudice to the Company’s other remedies, the Company may suspend or terminate any contract for supply of goods to the Purchaser.
9. Waiver
All rights powers and remedies of the Company shall remain in full force not withstanding any neglect, forbearance or delay in the enforcement thereof. Any waiver of these conditions must be in writing by the Company and shall apply only to the particular transaction.
