Terms & Conditions of Trading
- In these conditions the Company shall mean Austasia Leisure (UK) Limited.
Conflict of Terms
- The contract herein shall be deemed to be made between the parties upon these terms and conditions of sale. In the event of any conflict between these conditions and any other terms and other terms and conditions, these Conditions shall prevail. No person has authority to make any representations on the Company’s behalf which is not made or confirmed in writing and the buyer shall not and does not rely upon and representations unless made or confirmed in writing.
Retention of Title
- The property in the goods shall not pass to the buyer until the buyer has paid the Company the whole price thereof. If, notwithstanding that the property in the goods has not passed to the buyer, the buyer shall sell the goods in such manner as to pass to a third party a valid title to the goods, and the buyer shall hold the proceeds of such sale on trust for the Company and such proceeds of sale shall not be mingled with other monies of paid into an overdrawn bank account and shall be at all time identifiable as the Company’s money. If the buyer agrees that prior to payment of the whole price, the Company may at any time enter upon the buyer’s premises and remove the good there from and that prior to such payment, the buyer shall keep the good separate and identifiable for this purpose. Notwithstanding that property in the goods shall not pass to the buyer save as provided above, the goods shall be at the risk of the buyer from the time of collection or delivery, whichever is earlier.
Limitation of Liability
- In no circumstances whatsoever, shall the Company’s liability (in contract, tort or otherwise) to the buyer arising out of or in connection with this contract for the good supplied, exceed the invoice price of the particular pieces concerned. The Company shall be under no liability for loss or damage or delay arising caused by circumstances beyond his control.
- The customer shall indemnify the Company against all damage, penalties, costs and expenses to which the Company may become liable as a result of work done substantially in accordance with the customer’s specification which involves the infringement of any letters patent or registered design.
- The Company’s payment terms are strictly net, thirty days (unless otherwise stated). Simple interest shall accrue at 10% per annum on invoices outstanding thereafter until payment.
- We are required by our insurers to immediately report any company or trader exceeding our Terms and Conditions of sale, and to place them on STOP for all deliveries. This action may result in the withdrawal or downgrading of company’s credit worthiness by leading Credit Agencies. No goods will be supplied until the debt is cleared, the Company reserves the right to require receipt of ‘cleared funds’ before supplying any further goods, until such time as the defaulting company’s credit worthiness is restored by the Credit Agencies.
Fitness for Purpose
- The customer shall ensure that the goods supplied are suitable for the purposes for which they are to be used.
Determination of Contract
- If the customer shall make default in or commit a breach of contract or make any arrangement or composition with its creditors or commit any act of bankruptcy or if a petition or receiving order shall be presented against it, the Company shall have the right forthwith to determine any contracts then subsisting upon written notice of such determination being posted to the customer’s last known address.
Lien on Customer Goods
- All goods delivered to or in the custody or control of the Company are subject to a lien for the general balance of account for any sums owed to the Company by the customer. The Company reserves the right to sell the goods as against sums owed if payment is not made within three months of the due date or goods are not collected within that period. Any balance due will be paid to the customer or his agent.
- If the customer is dealing in the capacity of a consumer then these terms and conditions shall not affect their statutory rights.
Third Party/Public Liability
- Save and insofar as defects in the products supplied by the Company cause death, personal injury or damage to personal property, the Companies liability for loss or damage shall be limited to the invoice value of the goods. Without prejudice to the forgoing, the Company shall in no circumstances be under any liability in contract or otherwise for indirect or consequential loss of damage of whatever kind and howsoever caused, suffered by the customer or others, save as many be expressly imposed by statute or common law.
Delivery and Delay
- The Company will use all reasonable endeavours to achieve delivery or installation by any specified or requested date, but each such date is to be treated as an estimate only and time shall not be of the essence. Time for performance by the Company is given in good faith and as accurately as possible and is not to be of the essence of the contract. The customer shall have no rights to damages or to impose penalties or to cancel the contract for delay arising for any cause unless agreed by the Company in writing.
Carriage and Packaging.
- Are chargeable on all despatches made.
Despatch and insurance of goods
- Goods are despatched in accordance with customer instruction given. No responsibility is accepted for delay or non-delivery of goods for whatever reason. The delayed or non-delivery of goods does not entitle the buyer to withhold payment for the goods or services invoiced.
- The Company will not be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of the Company.