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In these conditions the vendor Duraquip Limited is referred to as Duraquip and any other party with whom Duraquip contracts for sale of goods or services is called “the customer”.
Risk of damage to or loss of goods sold shall pass to the customer when the goods are collected from Duraquip by the customer or by any other party on his behalf. When goods are delivered risk shall pass upon delivery to the address specified by the customer.
Notwithstanding that risk in the goods sold has passed to the customer, goods remain the property of Duraquip until paid for in full by the customer. Duraquip reserves the right to repossess goods not paid for in full by the customer. The customer hereby grants to Duraquip and its agents licence to enter any premises where the goods may be situated and to carry out any necessary dismantling in order to repossess the goods, and to that end to open shut and lockfast places.
4. DEFECTIVE GOODS
If goods sold are found to be defective or are not in accordance with the contract, Duraquip shall have the option of replacing the goods or refunding the purchase price. The customer waives any claim against Duraquip for damages for direct, indirect or consequential loss arising from any defect in goods or services.
5. ACCEPTANCE OF GOODS
Where goods are delivered, a receipt signed by such person as may be at the specified delivery address shall be binding on the customer, and shall operate to confirm that there is no shortfall, damage or defect in the goods. Where the carrier’s or transport company’s delivery note bears the words “received in good condition” or similar, any endorsement with words such as “unexamined” shall not have effect of qualifying or negating the acceptance of the goods as in good condition.
The customer shall notify Duraquip within three days of collection or delivery of any discrepancy, shortfall or damage to the goods. If no such notice is received by Duraquip within three days, the customer shall be taken to have accepted the goods, and Duraquip shall have no liability for any claim for any discrepancy, shortfall or damage to the goods.
In no circumstances whatsoever shall Duraquip be liable for any loss whether direct, indirect or consequential due to goods not being delivered by any specified time or date. Delivery times are given in good faith but shall not be binding and may on occasions be affected by circumstances beyond the control of Duraquip.
No goods are sold by Duraquip as being fit for any particular purpose. No goods are supplied on a sale or return basis. Duraquip may at its absolute discretion exchange undamaged goods with appropriate cost adjustments and a restocking charge of 10% plus any carriage charges involved. Duarquip’s employees have no authority to make any representation or to grant any warranty in respect of the goods, and the customer accepts that he has not relied on any representation or warranty in deciding to buy the goods.
Except where the customer holds a credit account with Duraquip payment will be made at the time of ordering the goods. Where the customer holds a credit account payment will be made within 30 days of ordering the goods. Interest and compensation in terms of the Late Payment of Commercial Debts (Interest) Act 1998, or any statutory replacement or amendment thereof, will apply to any overdue amount. In addition, the customer will be liable to Duraquip for any bank charges incurred as a result of dishonoured payments.
10. CONTRACT TERMS
These terms and conditions shall be the basis of any contract entered into between Duraquip and the customer for the sale of any goods or supply or any services, and no variation of them shall be binding unless expressly agreed in writing by Duarquip. Any contrary terms proposed by the customer or set out in the customer’s terms of business shall have no effect.
Where the customer is a Limited Company or Limited Liability Partnership (“LLP”) any Director or member who signs a credit account application form on behalf of the company or LLP thereby guarantees to Duraquip implement of the contract by the company or LLP and shall indemnify Duraquip against any breach of contract by the Company or LLP.
The contract between Duraquip and the customer shall be governed by Scots Law, and Duraquip and the customer prorogate the exclusive jurisdiction of Kirkcaldy Sheriff Court.