WARRANTY, TERMS AND CONDITIONS OF AGREEMENT TO PROVIDE SERVICES BY FENCESPOT
1. IN THE INTERPRETATION HEREOF-
- ‘Customer’ means the customer, and in the case of a partnership each partner and his/her heirs, successors and personal representatives. In the case of a corporation the customer and each director/guarantor and its and their successors, personal representatives and heirs and the case may be and where relevant the Trustee from time to time of the Trust.
- ‘Covenants’ by more than one person shall be deemed to have been given jointly and severally.
- ‘Masculine’ gender shall include feminine and neuter and vice versa.
- ‘Services’ shall include all goods or chattels sold or services of any kind whatsoever rendered by FENCESPOT to the Customer inclusive of all materials, costs, charges, expenses, repairs or other matters involved in the case.
- ‘Practical Completion’ is the point where the goods have been supplied and or installed irrespective of whether a defect is present.
2. The terms and conditions of this agreement constitute the contractual basis for the granting of credit by FENCESPOT to the Customer.
3. This agreement works on a system of mutual obligation:
(i) FENCESPOT have an obligation to supply a quality service and to rectify any defects covered under warranty.
(ii) The customer has an obligation to pay the total due amount on practical completion or will be deemed to be in default which may negate your warranty.
4. (a) THE FOLLOWING TERMS SHALL APPLY ONCE SERVICES HAVE BEEN PROVIDED –
(i) until payment of the invoice price the title to any goods supplied shall not pass to the Customer and upon non-payment within the trade terms FENCES POT shall have the right (and is hereby authorised) by the Customer to enter into and upon any premises where the goods may be stored from time to time (with or without others) and to retake possession of and remove the same and the Customer hereby indemnifies FENCESPOT against any claim, action of damages arising out of any such action and against the cost of the same;
(ii) notwithstanding sub-paragraph (i) above the Customer may dispose by way of normal trading any of the goods but in such case shall he deemed to have sold and collected the profits for the same for and on behalf of FENCES POT:
(iii) the Customer may not withhold due payment for any reason unless agreed to by FENCESPOT.
(iv) where payment is sent by mail, that payment is to be received by FENCESPOT within 7 days of practical completion.
(b) IF THE CUSTOMER DEFAULTS IN PAYMENT THEN ALL MONIES OWING TO THE SUPPLIER SHALL BE IMMEDIATELY DUE AND PAYABLE AND-
(i) the debt shall carry interest at the rate of 16% per annum calculated and chargeable monthly from the date of default until actual payment;
(ii) all expenses incurred by FENCESPOT in recovering the monies due inclusive of solicitor’s charges, debt collector’s fees and disbursements, any costs or charges in relation to security documents and any fees on dishonour shall be a debt due and owing by the Customer;
(iii) FENCESPOT shall have the unconditional right to withdraw the credit facilities at any time and without notice and without in any way affecting the enforceability of any guarantee of the monies owing to FENCESPOT hereunder executive by any directors (or other parties) of the Customer.
Where the Customer trades as Trustee of a Trust the existence of which is not disclosed to FENCESPOT here shall he deemed to have been a full disclosure with the assets of the Trust (from time to time) pledged as security for payment of any monies owing hereunder to FENCESPOT.
5. If changes to the site are made after fabrication of the order, the Customer agrees to pay for the remedial work on practical completion.
6. FENCESPOT will take every care during installation, however unless the owner clearly identifies all underground services and obstruction prior to installation, FENCES POT will accept no responsibility for damage and all cost of repairs will be borne by the owner. Any unexpected obstructions found under the surface of the ground that cannot readily be overcome shall become the owner’s responsibility to remedy, or if FENCESPOT are asked to do the remedial work the owner agrees to pay for the additional work on practical completion.
7. BUSINESSES THAT ENGAGE FENCESPOT SERVICES WARRANT THAT-
They are duly authorised as directors/partners/sole traders/agents of the Customer (as the case may be) to apply to services on its behalf and to execute this Agreement for and on behalf of the Customer.