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| Definitions: |
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1. "The Company" means CCB Industrial Battery Company. |
2. "The Customer" means the organisation or individual that has ordered goods or services from CCB. |
3. "The Contract" means any contract for the sale of goods or services by the Company to the customer |
4. "The Goods" means any goods forming the subject of this contract, including parts and components. |
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| Quotation |
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Company quotations, unless otherwise stated, shall be open for acceptance within 30 days of the date of the quotation. Battery quotations are subject to a lead clause and thus quoted prices may change at CCB option at time of acceptance of order. |
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| Existence of
Contract |
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No contract shall come into existence until the customers order (however given) is accepted by the earliest of: |
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1. The Company's written acceptance |
2. Delivery of the goods |
3. The Company's invoice |
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These conditions shall be incorporated in the Contract, to the exclusion of any terms or conditions stipulated or referred to by the Customer. No amendments to this Contract shall be binding on the Company unless confirmed by the company in writing. |
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| Prices |
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Prices are ex-factory unless otherwise stated, and exclude taxes or duties, unless other wise stated. Prices invoiced are calculated in respect for the quantity of goods actually delivered, irrespective of the quantities shown in the quotation. |
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| Payment |
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All invoices are payable, without discount, within 30 days of shipment to the Customer in no circumstances shall the customer be entitled to make any deduction or withhold payment for any reason. Time for payment shall be of the essence of the Contract. Without prejudice to any other rights of the Company, if a customer fails to pay the invoice price by the due date, the Customer shall not be allowed any special discount offered in that invoice and shall pay interest on any overdue amounts from the date on which payment was due to that on which it was made, on a daily basis of 2.5% per month. |
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| Title |
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1. Not withstanding the earlier passing of risk, title in the goods shall remain with the Company and shall not pass to the Customer until the amount due under the invoice for them has been paid in full. |
2. Until title passes, the Customer shall hold the goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company. |
3. The company shall be entitled at any time before title passes to repossess and dismantle (without being liable for any damage caused by so doing) and use or sell all or any of the goods and so terminate (without any liability to the customer) the Customer's right to use, sell or otherwise deal in them and, for that purpose or determining what, if any, goods are held by the Customer, and inspecting them, to enter and premises of the Customer. |
4. Until title passes, the entire proceeds of sale of the goods shall be held in trust for the Company and shall not be mingled with other moneys or paid into any overdrawn Bank Account and shall be at all times identifiable as the Vendor's money. |
5. The Company shall be entitled to maintain an action for the price of the goods, not withstanding that title in them has not been passed to the Customer. |
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| Amended/Cancelled
Orders |
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Upon receipt of confirmed order, any subsequent changes or cancellation by the Customer prior to delivery may result in a surcharge of up to 25% of the total order value. |
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| Claims Notification
Guarantees |
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Any claim for non delivery , short delivery or damaged goods shall be notified in writing by the Customer to the Company within 7 days of the date of the Company's invoice. Any claim must be in writing and must contain the full details of the claim, including the part numbers of any allegedly defective or missing goods. Any proof of delivery must be requested within 7 days of the date of the Company's invoice. If no written request is received by the Company within this time, payment must not be withheld in any way. Batteries are sold with the benefit of and subject to CCB standard Guarantees / Warranty terms. |
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| General |
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The Company may, at its discretion, suspend or terminate the supply of goods if the Customer fails to make payment when and as due or otherwise defaults in any of its obligations under the Contract or any other agreement with the Company. |
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| Law and Construction |
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The Contract shall be governed by International ?Law and the Customer consents to the exclusive jurisdiction of the International tradation in all matters regarding the Contract. |
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