Terms & Conditions
The following terms and conditions shall form part of any contract concluded between ARK Agriculture Ltd (hereafter called “The Vendor”) and the Purchaser.
Such contract shall be deemed to incorporate the conditions set out below to the exclusion of the Purchaser’s or any other conditions from whatever source.
All quotations are made, and orders accepted on the basis that goods/services will be charged at the price ruling on the date of delivery. All prices are subject to VAT at the rate applicable at the Invoice date. The Vendor reserves the right to vary its prices without notice to the Purchaser.
Unless otherwise agreed in writing between the Vendor and the Purchaser, the Purchaser shall pay all invoices in full on or before the 30th day from the Invoice Date if the Purchaser holds an approved credit account with the Vendor.
If the Purchaser does not hold an approved credit account with the Vendor must be made in full before any order can be despatched. Prompt payment is a condition precedent to future deliveries.
If the Purchaser fails to pay any invoice in full by the due date then without prejudice to its other rights (including the right to withhold delivery of future instalments of an order) the Vendor shall be entitled to interest on the overdue amount at the rate of 4% over Bank Rate (MLR) per month ruling at the time the debt is overdue.
Interest will be chargeable to all overdue amounts from the date that the debt becomes overdue until the date payment is received in full. The debt may be assigned to a third party at the discretion of the Vendor if seriously overdue.
On assignment the Purchaser will become liable to the costs incurred by the third party in collecting the debt.
TITLE TO GOODS SUPPLIED
All products sold to the Purchaser will remain the property of the Vendor until such time as the appropriate Invoice has been paid in full.
The Vendor shall in respect of all unpaid debts due from the Purchaser under the same name or any other contract have a General Lien on all goods and property of the Purchaser in its possession (although such goods or some of them may have been paid for) and shall after the expiration of 15 days notice to the Purchaser be entitled to dispose of such goods and property as it deems fit and apply the proceeds towards such debts.
DEFAULT, INSOLVENCY, BANKRUPTCY ETC OF PURCHASER
If debts due from the Purchaser to the Vendor shall become overdue, or if the Purchaser shall make default in or commit a breach of the contract, or of any other of his obligations to the Vendor, or if any distress or execution shall be levied upon the Purchaser’s property or assets, or if the Purchaser shall make or offer to make any arrangements or composition with Creditors or commit any act of Bankruptcy or if any Petition or Receiving Order in Bankruptcy shall be presented or made against him or if the Purchaser is a Limited Company and any Resolution or Petition wind up such company’s business (other than for the purpose of amalgamation) shall be passed or presented or if a Receiver of such company’s undertakings. Property or Assets or any part thereof shall be appointed the Vendor shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being posted to the Purchaser’s last known address any subsisting contracts shall be deemed to have been determined without prejudice to any claim or right the Vendor may otherwise make or exercise.
The Vendor shall endeavour to deliver goods or supply services by the date quoted at the time of acceptance of order. Such delivery quotations shall be treated as approximate only and not as a term of Contract. The Vendor shall not be liable for any loss, damage, injury or expense, either direct or indirect and including but not limited to loss of profit or liability to third parties which may be suffered by the Purchaser by reason of late delivery of the goods from whatsoever cause such late delivery may arise. If for any reason the Purchaser is unable to accept delivery of the goods at the time when the goods are due and ready for delivery the Vendor shall if its storage facilities permit store the goods and the Purchaser shall be liable to the Vendor for the reasonable cost (including insurance) of its so doing. This provision shall be without prejudice to any other claim which the Vendor may have in respect of the Purchasers failure to take delivery at the appropriate date.
RISK AND DAMAGE IN TRANSIT
a) In the event that the goods are to be delivered by the Vendor or a 3rd party transport company the risk therein shall pass to the Purchaser at the point in time when the goods are unloaded from the Vendor’s or 3rd party transport company’s vehicle.
b) In the event that the goods are to be collected by the Purchaser from the Vendor’s premises the risk therein shall pass to the Purchaser when the goods are physically handed over to the Purchaser, his carrier, or other agent.
c) No claim for loss or damage in transit will be considered unless such claim is received by the Vendor (in writing) within 7 days of the date of delivery. If a claim is established the liability of the Vendor will be limited to replacing or repairing the missing or damaged product or at the Vendor’s option refunding the Purchase Price.
RETURN OF GOODS
a) The return of goods delivered or collected to or by a Purchaser will not be allowed without prior Agreement with the Vendor. Goods are not supplied on a ‘sale or return’ basis and it is a condition of sale that the Vendor has an exclusive right to refuse the return of goods if in the Vendor’s judgement the reason for return is unreasonable. This condition in no way effects the Vendors title to goods until time of discharge of debt.
b) Any application to return goods must be made by the Purchaser within 7 days of the delivery date. NO application to return goods will be considered outside that time limit.
c) The Vendor reserves the right to charge a handling fee of at least 15% on the value of any goods returned.
CANCELLATION OF ORDERS
Cancellation of orders for goods or services by the Purchaser will only be accepted if received in writing PRIOR to delivery by the Vendor. In the case of items manufactured by the Vendor any cancellation once the Purchasers order has been put into process will automatically incur a liability for any materials, labour, costs, expenses and other related charges applicable to that order from the start or process to the stage reached at the time of cancellation.
The due performance of the contract is subject to cancellation or variation by the Vendor as a result of any Act of God, War, Riots or Civil Disturbance, Strike, Lock Out or other dispute, Fire, Flood, Drought or accident, Legislation, Requisitioning or other Act of Order by any Government Dept, Council or any other Duly Constituted Authority, or of any other cause (whether of the foregoing clauses or not) beyond the Vendor’s control. In such event, no liability shall attach to the vendor by reason of cancellation or variation of any contract.
VARIATION OF TERMS
Any variation of the Terms and Conditions of any contract shall become binding only if confirmed in writing by the Vendor and the Purchaser.
EFFECT OF LEGISLATION
If any of the conditions or any part of one of these conditions is rendered void by any legislation to which it is subject ‘The Contract’ shall be void to that extent only.