Terms of service

CONDITIONS OF SALE BY TOOLSAVER LIMITED (hereafter referred to as "The Company")

The CUSTOMER is the person or company designated in the box overleaf for that purpose.

TERMS AND CONDITIONS

  1. All goods are sold subject to the following conditions which shall apply to the exclusion of any conditions including pro forma conditions of order or purchase of the customer or any other standards, specifications or particulars proposed by the customer. No amendment, alteration or attempt to override those conditions shall be binding on The Company unless confirmed in writing by it. Any goods supplied by The Company are supplied for their ordinary usage. No warranty is given express or implied that the goods are fit for an other purpose other than their ordinary usage.
  2. Unless otherwise agreed in writing by The Company; the terms of payment shall be immediately on uplift or delivery of the goods.
  3. When a discount is given for immediate payment or payment within a specified period, that discount shall be forfeit should payment not be made for any reason including being due to dishonoured or stopped cheque or within the specified period. Thereafter the full price will be due.
  4. Where immediate payment is not required by The Company to be made, then subject to credit for the customer being approved and unless otherwise expressly agreed in writing by The Company, accounts are due for payment no later than the end of the month following the month of delivery. The Company will charge interest on overdue accounts and on accounts where immediate payment was due to be made and was not made for any reason at the rate of 2 per centum per month from the date of delivery.
  5. The Company reserves the right in a case of failure to pay for any goods or any delivery or instalment to suspend delivery of any order or any part or instalment without liability or satisfactory security for payment has been provided.
  6. The Company does not accept any liability for any consequential loss, third party loss or other losses incurred by the customer in respect of the use of the goods, any failure of the goods or any defect therein.

RISK AND TITLE

  1. The risk shall pass to the customer upon delivery. The customer is responsible for all loss, damage or deterioration to the goods howsoever caused after the time of delivery.
  2. No ownership in the goods shall vest in the customer unless and until the customer makes full payment to The Company for the goods.
  3. Until full payment has been made, the customer shall not be entitled to dispose of the goods in any manner or way whatsoever.
  4. Until full payment has been made by the customer, the customer shall in all respects treat and deal with The Company's goods as an agent of The Company and will store and return and identify all such goods not paid for so that they are readily identifiable as the property of The Company.
  5. During any period when payment for the goods has not been made by the customer, The Company shall be entitled to enter any premises to inspect the goods or to uplift these, and if the customer shall fail to make payment, then after notice in writing by The Company, it shall be entitled to retake or reclaim the goods supplied and that without prejudice to any rights or claims they have against the customer. In the event that The Company requires to retake or reclaim such goods, the customer shall be liable for 50 per centum of the total purchase price forfeiting any discount in respect of the costs of administration in retaking and remarketing and restocking the goods by The Company. The customer will be liable for all deterioration or usage in the goods and will be liable to The Company for the value of the goods when retaken and sold on an open market basis for the best price available or as different from the overall purchase price together with a 25 per centum retaking, administration and restocking fee.