Terms and Conditions  

 

 

In these conditions "the Seller" means OFAHAS LTD, "the Buyer" means the person, firm or company purchasing the goods. "The Goods" means the goods or materials the subject of the contract between the Buyer and the Seller.

 

1. APPLICATION OF THESE TERMS: Unless otherwise agreed in writing every order placed with the Seller shall be subject to these Conditions of Sale which shall override any standard terms or conditions stipulated, incorporated or referred to in the Buyer's order.

 

2. PART DELIVERY: Where delivery of the goods is to be made by instalments each delivery shall be treated as a separate contract and failure suspension or delay in any delivery or defects in the Goods delivered shall not vitiate the contract as to other deliveries.

 

3. DELIVERY DATES: All delivery dates are estimates only and the Seller shall not be liable in damages for any delay in delivery nor shall the Buyer be entitled to refuse to accept delivery except where delay of an unreasonable length has occurred due to circumstances within the Seller's control. Please allow a maximum 28 days for delivery.. The following circumstances shall without limitation be deemed not to be within the Seller's control. Acts of God, war, riots, civil commotion's, strikes, lock-outs, trade disputes, fires, breakdowns, interruptions of transport, Government action and delay in delivery by the Seller's suppliers. During any such period of delay the Buyer after giving reasonable prior written notice of his intention to do so shall not be at liberty to purchase elsewhere such goods only as shall be necessary for the Buyer's immediate requirements, and to cancel delivery from the Seller of any quantities so purchased.

 

4. FAILURE TO PAY: If the Buyer shall fail to make any payment on the due date or becomes bankrupt or enters into liquidation (other than for the purposed of amalgamation or reconstruction) or makes any composition or arrangements with Creditors or has a receiver appointed of its undertaking property or assets or any part thereof the Seller shall have option to withhold or cancel further deliveries provided that failure on the part of the Seller to exercise such option in respect of on or more deliveries shall not affect the right to exercise it in respect of other deliveries. Not withstanding any other terms stated herein that cash should be paid before delivery is required.

 

5. PAYMENT TERMS: All goods must be paid in full before delivery can comense.

 

6. OWNERSHIP: (i) Risk in the Goods shall pass to the buyer upon delivery but title thereto shall be retained by the Seller until it has received payment in full in respect thereof or until the Seller serves a written notice upon the Buyer specifying that the title thereto has passed whichever shall be the sooner. (ii) If the Buyer fails to make payment in accordance with these Conditions of Sale the servants or agents of the Seller shall be entitled to enter upon the premises of the Buyer to repossess the Goods. (iii) The seller grants the Buyer a licence to use the goods or any part thereof in the course of the Buyer's normal business operations or to sell the same on the condition that so much of the proceeds of the sale received under contract which include any of the goods as shall be necessary to satisfy the payment due to the Seller in respect thereof shall be held on trust for the Seller in a separate Bank account and shall not be mingled with any other monies and shall at all times be identified as monies of the Seller.

 

7. ACCEPTANCE OF GOODS: The Buyer shall inspect the goods immediately upon delivery and shall within 7 days of such delivery give notice in writing to the Seller of any matter or thing by reason whereof the Buyer alleges that the Goods are not in accordance with the contract as to quantity, quality or otherwise. If no such notice is served by the Buyer upon the Seller the goods shall be deemed to be in accordance with the contract in all respects and the Buyer shall be deemed to have accepted them.

 

8. DAMAGED / SHORT GOODS / RETURNS: Damage shortage and pilferage in transit must be reported to the carriers in writing within 3 days after the delivery of the goods and a copy sent to the Seller to enable (where applicable) the necessary claim to be made. In case of breakages the Buyer must retain the damaged goods and packing material for inspection. In case of non-delivery within 10 days of date of despatch or in the case of exports within the 3 days of anticipated delivery date the Seller must be advised immediately. If the Buyer's non-compliance with the above causes any subsequent claim to be refused by the carriers the entire loss shall be borne by the Buyer. Any returns may be liable to a re-stocking fee of 10% of invoice total at OFAHAS discretion. Any return carriage is at buyers risk.

 

9. SAMPLES: No contract between the Seller and the Buyer shall be a sale by reason only of a sample having been provided for the Buyer's general guidance.

 

10. QUALITY: (i) If the Buyer having served notice on the Seller in accordance with Clause 7 above demonstrates to the reasonable satisfaction of the Seller that the goods are not of the quality specified in the Contract the seller shall at its option either replace the defective Goods with Goods complying with the contract at the place for delivery specified in the contract or refund to the Buyer the price paid by the Buyer for the defective Goods. (ii) The express benefits of the warranty set out in sub-clause 10(i) above represent the entire responsibility and liability of the Seller in respect of all conditions and warranties express or implied whether statutory or otherwise and any obligations and liabilities whatsoever of the Seller relating to the goods or advice or information supplied in relation thereto whether in contract tort or otherwise except liability for death or personal injury arising out of negligence of the Seller.

 

11. PRODUCT HANDLING INFORMATION: The seller hereby notifies the Buyer that the Seller has available information concerning the goods and the conditions recommended for safe handling. The Buyer may, at his own expense, have these instructions translated into other languages.

 

12. DELIVERY TERMS: Delivery terms used in international transactions shall be interpreted in accordance with INCOTERMS 2000.

 

13. PRODUCT GUARANTEE: Where a manufacturer's guarantee or warranty is available on any item, this is indicated within the product details provided with the product, and when returning goods under warranty, the buyer must follow the manufacturer's instructions. In cases where no specific written warranty or guarantee is offered, it is generally accepted that most manufacturers offer a limited warranty. Goods returned to EuroHygiene Limited having suffered damage whilst in use will, where necessary, be forwarded to the manufacturer or their agent for inspection, in which case the manufacturer's or their agent's decision will be considered as final. In event of the manufacturer or their agent failing to accept responsibility for any damage caused or of such damage occurring outside the manufacturer's accepted warranty period, EuroHygiene Limited will, with the Buyer's agreement, and entirely at their expense, arrange for any viable repair to be carried out or alternatively return the un-repaired item to them.

 

14. MISTAKES IN BILLS, RECEIPTS OR ORDERS: OFAHAS LTD undertakes to rectify any proven errors or mistakes in Buyer billing, receipts or orders within thirty days.

 

15. AUTHENTICITY: We guarantee that all items for sale on the websit