1) Until payment has been received by the Seller for all goods supplied at any time the goods shall remain the property of the Seller notwithstanding delivery of goods to the Buyer. However, the goods shall be at the Buyer risk from the time of delivery or to any Carrier or Agent on his behalf.
2) “(i) The Buyer shall ‘within (2) days of delivery notify the Seller of any alleged defect, shortage in quantity damage or failure to comply with description or sample. The Buyer shall afford the Seller an opportunity to inspect the goods within a reasonable time following delivery and before any use is made to them. If the buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
(ii) The Buyer shall notify the Seller of any non-delivery of a whole consignment of -complete cartons within (7) days of the date of dispatch (as stated on the invoice). Notwithstanding the receipt by the Seller of any such notice, a clear signature on the Seller’s delivery advice sheet shall be deemed to signify receipt of the number of cartons indicated in the advice sheet.
(iii) If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to the Seller making good any shortage by replacing such Goods or if Seller shall elect by refunding a proportionate part of the Price.
(iv) The Seller’s liability to the Buyer, whether for any breach of contract negligence or otherwise, -shall not, in any event, exceed the Price for the Goods arid the Seller shall be under no liability for any loss and/or expense or indirect loss and/or expense suffered by the Buyer or liability to third parties incurred by the Buyer.
(v) All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a Buyer dealing as a consumer.”
3) (i) All collection charges and /or legal costs incurred by the Seller for recovery of outstanding debts shall be for the Buyer’s account.
- ii) The Seller may at its sole discretion impose upon the Buyer a 2% per month interest charge on overdue monies owing in accordance with the terms of payment agreed upon between the Buyer and the Seller.4) In case of goods bearing an expiry date, notice must be given to the seller at least 3 months prior to the stated date of expiry. However, such notice does not bind the seller to any recourse whatsoever in the event of goods expiring while in the possession of the buyer.
5) Items will only be refunded or exchanged if defective.