Terms And Conditions
CONDITIONS OF SALE
'The Company' means New World LTD. and its subsidiary Companies.
'goods and equipment' means the goods and /or equipment to which this document relates.
'purchaser' means the customer purchasing the said goods and equipment.
These Conditions contain the entire bargain between the Company and the Purchaser and in the case of any inconsistency these conditions shall prevail.
These Conditions shall apply except as may be expressly agreed by the Company in writing. Any concession or waiver made by the Company at any time shall not prejudice the exercise of its rights hereunder.
Nothing contained in these Conditions shall impart any obligation on the part of the company to sell other goods and equipment to the Purchaser.
(a) The risk of all goods and equipment shall pass to the purchaser upon collection or delivery of the same in accordance with the terms hereof to the Purchaser or its agents or other person to whom the Purchaser has authorised delivery of the same and the Company shall have no responsibility in respect of the said goods and equipment thereafter and accordingly the Purchaser should insure the same thereafter against such risks as it considers appropriate.
(b) Notwithstanding the fore going, the ownership of the said equipment shall remain with the company and the Company reserves the right to dispose of the said goods and equipment until payment in full of all debts owed by the Purchaser to the Company on goods or any other account whatsoever has been discharged in full or until such time as the Purchaser sell the said goods and equipment to its customers by way of bona-fide sale at full market value in the normal course of business. If such payment is overdue in whole or in part the Company may (without prejudice to any of its other rights) recover or resell the said goods and equipment or any of them and may enter upon the Purchaser's premises at all reasonable hours by its servants or agents for that purpose. If any of the said goods and equipment are incorporated in or used as material for other goods and equipment before such payment the property in the whole of such other goods and equipment shall be and remain with the company until such payment has been made or such other goods and equipment have been sold as aforesaid and all the Company's rights hereunder in the said goods and equipment shall extend to such other goods and equipment.
(c). Examination of the goods and equipment has been made by or on behalf of the Purchaser prior to the placing of any order and no warranty condition description of representation on the part of the Company is given or implied by these Conditions nor is any warranty condition description or representation to be taken or have been given or implied from anything said or written in the negotiations between the parties or their representatives prior to the placing of any order for goods and equipment and any statutory or other warranty condition or description expressed or implied as to the state, quality or fitness of the goods and equipment is hereby expressly excluded.
All goods and equipment supplied are subject to the Company's prices ruling at the date of despatch to the Purchaser, unless otherwise agreed in writing by the parties at the date of Order/Acceptance. Where applicable value added tax will be applied in accordance with United Kingdom legislation in force at the tax point date.
Unless otherwise specifically agreed in writing by the parties all prices excludes carriage insurance and packing charges will be charged to the Purchaser.
Payment of the price (which is strictly nett) shall be made within 30 days from the date of invoice and;
(a). The Company shall be entitled to charge interest at 2% per month on all overdue payments.
(b). The Company shall be entitled to suspend or cancel any further deliveries under this or any other Order/Acceptance between the parties hereto:
(c). For the purpose of this condition time of payment shall be of the essence of the contract between the parties hereto.
(d). The Purchaser shall not be entitled for any reason whatsoever to withhold or set off payment for goods and equipment delivered.
These Conditions shall be interpreted exclusively and according to the law of Northern Ireland and the Purchaser hereby accepts the jurisdiction of such Courts as the Company may nominate for the purpose or any action arising out of this Contract.
Any dispute under these conditions may at the election of the Company be referred to an Arbitrator to be appointed by the parties or in default of agreement by the President of the incorporated Law Society of Northern Ireland for the time being and the decision of such Arbitrator or Arbitrators so appointed shall be binding on both parties and this provision shall be a submission to Arbitration with in the Arbitration Act (N.I) 1937 or any statutory modification thereof for the time being in force.