CENTRAL STEEL BUILD TRADING TERMS
1. Sale Price. All sales made by the vendor are made at the time of the vendors ruling price at the time of delivery unless otherwise agreed in writing. The purchaser shall pay for the products in cash with the order unless otherwise agreed in writing.
2. Terms of Sale. The vendor shall not be bound by any warranty, condition, term or representation not specified herein and the buyer shall not rely upon any representation, condition, term, information or warranty given by the vendor or its servants or agents or generally as being accurate or binding in any way upon the vendor and the buyer expressly acknowledges that for the all purposes whatsoever the buyer has relied entirely on his own knowledge, skill and judgment in selecting and ordering products.
3. Description of Products. No warranty, term or condition is given by the vendor whatsoever as to the quality, condition, colour of fitness for any particular purpose of any nature whatsoever or otherwise as to the products sold. Nothing shall be deemed to be an acceptance by the vendor of any obligation to deliver good to the buyer whatsoever. The vendor shall not be liable for any claim, loss or expanse of any nature whatsoever sustained or incurred by any person for any cause or reason whatsoever arising in any way as a result of unavailability of the products or any delays in the delivery of the products or any part thereof or failure to deliver the product or any part thereof.
4. Limitation of Liability. The vendor shall not be liable for any claim, loss or expense of any nature whatsoever which arises on or after the expiration of seven days from the date of delivery or once the products have been altered, varied or otherwise used after which there shall be deemed to have been complete and unqualified acceptance of the products. The vendor will not admit any liability whatsoever which would exceed the cost of replacement of the subject goods and shall not in any event be liable for and contingent or indirect special or punitive damages arising in any way whatsoever in relation thereto and the buyer acknowledges that this is an express condition and limitation of liability and agrees to limit any claim accordingly. No other term, condition, warranty, representation, agreement, or understanding, of any nature whatsoever expressed or implied shall in any way extend to or otherwise relate to or be binding on the vendor in relation to such sale other than these terms and any other term or other terms which the vendor agrees in writing to be bound by is made or given.
5. Ownership of Products. Property in the products shall not be passed to the purchaser until the purchase monies are paid in full. The vendor reserves the right to take possession of and dispose of the products as it sees fit at any time prior to full payment being made by the purchaser. The purchaser hereby grants permission to the vendor to enter upon any laid land or premises where the products are in order to retake possession. If the purchaser resells the products prior to payment to the vendor then monies received by the purchaser shall be held upon trust for the vendor and if required in an account opened in the vendors name and the purchaser agrees if requested by the vendor to assign to the vendor any right to any outstanding monies relating to the resale of the vendors products.
6. Location of Services. The location and position of all easements, drainage pipes and other services shall be identified by the purchaser prior to delivery of all the products and the vendor shall not be liable for damage to any services not identified.
7. Site Conditions. The within agreement is made on the assumption that the site is level and the sub-soil normal. If the site is not level or if the sub-soil is not normal or if rock is struck the additional cost shall be payable by the purchaser. The vendor shall notify the purchaser immediately so the purchaser becomes aware of any such event.
8. Clients Responsibility. Client is responsible to provide adequate access for delivery vehicles and ready mix trucks.
9. Erection Price. The erection price is based on electric power being available on site. If power is not available, generator hire will be charged at current rates.
10. Unloading. Where delivery to site is included in this contract, unloading of the delivery vehicles will be the sole responsibility of the purchaser.
11. Signed copy of a quotation must be accompanied with the deposit in order for work to commence.