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1. Application a. These terms and conditions shall apply to all equipment sold by A.W.T. (The company) “Equipment” means all the equipment and each and any of them sold and/or delivered by the company from time to time. b No amendment, alteration, waiver or cancellation of any of these Terms or Conditions shall be binding on the company unless confirmed by the company in writing. c The purchaser acknowledges that no employee or agent of the company has any right to make any representation, warranty or promise in relation of the equipment or the sale of the equipment other than as contained in this document 2. Terms Of Payment a The purchaser shall upon signing this contract pay any part/deposit payment stated in the order confirmation b If the equipment is delivered item by item, the purchaser shall pay for the delivered items a price proportional to the total sales price of all equipment. c On delivery of the equipment or, if there are a number of items, on delivery of the last item the purchaser will pay balance of all monies owing to the company under this contract. d If the purchaser defaults in the observance or performance of any obligation imposed on the purchaser under or by virtue of this agreement then in addition to any other remedies available to the company the part/deposit payment paid shall be forfeited to the company e Payments are to be made direct to the company, strictly net, without any deduction or discount other than as stated herein. Payments are to be made within seven (7) days of the date of the company's invoice.(see Invoice for other Terms stated) Interest will be payable on all overdue accounts calculated on a daily basis at the rate. f charged by the company's bank on overdrawn accounts of the amount outstanding as from the due date for payment until payment g If collection of overdue monies is effected, a fee of 25 percent of the total overdue amounts will be payable at the time of collection.
h Any Online pricing misprints shall not be bound to be correct, the customer will be notified in writng of any such misprint and refunded any monies that have been paid if any. 3. Property All equipment remains the property of the company until the amount due in respectof the equipment have been paid in full in cash or cleared funds. 4. Re-Sale of Equipment a Should the purchaser be a re-seller, subject to sub-clause b.4, he shall have the right to sell the equipment in his own name at full market value and in the ordinary course of business b Until the amount payable to the company in respect of the equipment has been paid infull 1. The purchaser will hold the equipment only as bailee for the companyin cash or cleared funds 2. The equipment shall be stored in such manner that they are readily distinguishable fromother goods owned by the purchaser or other persons 3. The purchaser shall indemnify the company from and against any claim, action, proceedingdamage, loss, cost, expense or liability incurred or suffered by the company arising out of the possession, use or disposal of the equipment by the purchaser or repossession or attemptedrepossession of them by them by the company; and 4. Any sale of the equipment under sub-clause a. shall only be effected by the purchaser as trustee for the company and the proceeds of such sale and the rights of the company'spurchaser against its purchaser arising from such sale shall be held on trust for the company. The said proceeds must be held in a separate account or otherwise clearly identified in the books and records of the purchaser 5 Default 1. Either the equipment is not paid for in accordance with these terms and conditions or any other written agreement between the company and the purchaser, or the company receives notice of, or reasonably believes that a third party may attempt to levy execution against or attach equipment, or 2. Any other event occurs which in the company's opinion is likely to adversely affect the purchasers to pay for the equipment (Including but not limited to the appointment of a receiver and manager administrator, controller, liquidator, provisional liquidator, trustee or similar person to the purchasers undertaking) then the company may at any time thereafter, without notice to the purchaser and without prejudice to any other rights which it may have against the purchaser, terminate any contract relating to the equipment and the bailment referred to in clause 4b 6 Right To Enter Premises In any of the circumstances referred to in clause 5,the purchaser here by 1. Authorizes the company by itself, it’s agents or representatives at all reasonable times, without notice to enter onto (With force if reasonably necessary)and for all necessary times, to remain in and on any premises where the equipment is located in order to collect the equipment, without being guilty of any manner of trespass; and assigns of the company all the purchasers rights to enter onto and remain in and on such premises until all the equipment has been collected 7. Administration, Receivership ETC a In any of the circumstances referred to in clause 5,2 neither the purchaser nor its receiver, receiver and manager, administrator, controller, liquidator, provisional liquidator, trustee or similar person or any other person acting for or on behalf of the purchaser and/or its creditors shall be entitled to sell, charge, remove dispose of,use or otherwise deal with the equipment in any way inconsistent with the company's ownership of the equipment without the company's prior written approval b The purchaser, its administrator, receiver, official manager or any other person acting for or on behalf of the purchaser and/or its creditors shall be obliged to re-deliver the equipment to the company immediately on his appointment at his expense c If the equipment is returned to or collected by the company, the company shall within 28 days account to the purchaser or its legal representative for all monies received in respect to the equipment from the purchaser less the company's reasonable administration charges, expenses incurred and loss of profits 8. Orders a No orders shall be binding on the company unless accepted in writing b Prices quoted are firm provided always that 1. If there is any delay by the purchaser in the performance of any of his obligations resulting in additional costs of; or 2. if there is any variation in the cost to the company by the manufacturer between the date of contract and the date of delivery of the equipment to the company by the manufacturer then the company may adjust its prices accordingly 9. Delivery a The company will attempt to meet any delivery dates stated in its quotation or order confirmation or the contract, as the case may be, quotation ex-stock are subject to the equipment being unsold at the time of order confirmation b The purchaser must pay any special charges in connection with the installation of the equipment where those charges are regarding by the company as outside the scope of normal installations c The purchaser must accept delivery during business hours 10. Part Deliveries Where an order is for a number of items of equipment then the company may deliver and invoice any such particular item when, in the company's opinion ,the purchaser is able to utilise the same. The purchaser will pay or procure payment of such invoice in accordance with these terms and conditions.
11. Carba-tec® Machinery
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