2. Terms of Payment

Unless previously agreed in writing all goods must be fully paid for before delivery. Subject to agreement in writing, all goods and services shall be paid for within 30 days of the end of the calendar month in which they were invoiced by the company in full and in cleared funds. Time for payment shall be the essence of the contract.

The company shall be entitled to interest from the date upon which the payment falls due, in such cases interest shall accrue from day to day at the rate of 5% above the base rate of the Bank of England base rate.

Non-compliance with the above Terms of Payment does and shall constitute default without reminder. In the event that the Customer fails to fulfil the Terms of Payment in respect of any invoice the Company may at its sole discretion and without prejudice to its other rights or remedies demand payment of all or any outstanding liabilities whether or not due and/or cancel all or any outstanding orders and/or decline to make further deliveries or services except upon receipt of cash or satisfactory security or such other Terms as the Company may decide.

3. Shipping

All shipping will accord with INCOTERMS.

In these Terms “INCOTERMS” means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the contract is made. Unless the context otherwise requires any term or expression which is defined in or given a particular meaning by the provision of Incoterms shall have the same meaning in the context but if there is any conflict between the provision if Incoterms and these conditions the latter shall prevail.

Unless otherwise agreed in writing by the Company and the Customer the Goods and/or services shall be delivered ex works.

The Customer shall be responsible for the arranging for testing and inspection at the Companies premises prior to shipment. The Company shall have no liability for any claim in respect of any defect in the goods which would be apparent on inspection and which is made after shipment or in respect of any damage during transit.

In the event of any Equipment remaining undelivered to the Customer within seven (7) days of the invoice date and such delay being the fault of the Customer, the Company reserves the right to charge storage for the Equipment and re-negotiate the shipping price.

"CIF" means "Cost, Insurance and Freight". Under, CIF terms the Company will clear the goods for export, provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.

The Company will procure insurance against the buyer's risk of loss of or damage to the Equipment during carriage. The Customer should note that under the CIF terms the Company is only required to obtain insurance on minimum coverage.

The Customer, shall obtain at his own risk and expense any import licence(s) or other official authorisation and carry out all clearing and customs formalities for the importation of the Equipment and, where necessary, for their transit from the port of disembarkation through any other country to the Customer's site. Receive the Equipment at the named port of destination and bear all risks of loss of or damage to the Equipment from the time they have passed the ship's rail at the port of disembarkation.

The Customer will pay all costs relating to the Equipment from the time it has been delivered at the ship's rail and, unless such costs and charges have been levied by regular shipping lines when contracting for carriage, pay all costs and charges relating to the goods whilst in transit until their arrival at the final destination, as well as unloading costs including lighterage and wharfage charges. Pay all duties, taxes and other charges as well as the costs of carrying out customs formalities payables upon importation of the goods and where necessary, for their transit through any other country to the Customer's site.

The Customer shall notify the Company of any error of any kind whatsoever in any Order Acknowledgment or Invoice of the Company in writing within seven (7) days of receipt of such document.  Failure to provide notification of errors within seven (7) days of receipt of documentation shall mean that the Customer is deemed to accept that the document (s) is (are) correct in all respects.

4. Price

All prices are unless otherwise stated quoted net ex works exclusive of VAT and are subject to the Company’s exclusive discretion in the event of any increase in the cost of labour, materials, overheads, transport, taxes, duties or any other costs whatsoever affecting the manufacture of goods or services and any fluctuations in exchange rates affecting the cost of imported goods or prices quoted other than in GBP Sterling. Any increase is such costs during the period of the Contract will be added to the quoted price.

In the event of any alteration or modification being requested by the Customer in design, quality, specification, or other requirement, the Company shall be entitled to make an adjustment to the Contract price corresponding to such alteration. The Company shall further be entitled to make an adjustment to the contract price in the event that;

in the opinion of the Company an order is not accompanied by sufficient drawings or details to enable the work to commence forthwith

the information accompanying the order does not provide a full and accurate indication of the work involved, or

delay is caused by the Customers instructions or lack of instructions

the cost of delivery, carriage and packing shall unless otherwise stated be charged extra and is not refundable

Unless otherwise agreed in writing, all prices are payable in GBP Sterling. The price quoted will be held and valid for thirty days only from the date of quotation.

Unless otherwise agreed in writing between the parties, the Terms of Payment are net cash before delivery, otherwise confirmed irrevocable letter of credit (LOC) or other agreed terms of payment. Unless otherwise agreed, all selling prices for export goods or services shall be offered CIF prices ruling at the date of invoice provided also that, any delay in payment may require a review and change of the stated price. Prices for shipping are beyond the control of the Company and are subject to change at any time during the transaction.

In the event of payment being made by LOC all costs relating to that LOC will be to the account of the Customer, or an additional charge shall be agreed and added to the CIF price to cover LOC costs.

5. Risk and Title in Goods

Risk of loss and/or damage to the goods will pass to the Customer;

on delivery to the Customer or to a third party or carrier nominated by the Customer to take or accept delivery, or

where the Company gives notice to the Customer that the goods are available for collection, on the expiry of seven days after such notice, or

if the Customer or a third party appointed by the Customer to accept or take delivery wrongfully fails to accept; or take delivery of the goods , on the Company tendering the goods; or

if the Customer is to collect the goods from the Company, on the Customer entering the premises at which the goods are situate for the purposes of such collection

Notwithstanding delivery and passing of risk, property in and title to the goods shall remain in the Company until the Company has received payment of (a) the full price of all goods and services being the subject of the contract and (b) all other goods and/services supplied by the Company to the Customer under any other contract whatsoever and

(a)            Until CIF payment in full has been made of all sums due to the Company under the Contract (or in the case of the Company accepting any cheque, bill of exchange or promissory note, until the same has been honoured) the Title to the Equipment supplied by the Company, even if affixed to other goods of the Customer or a third party, shall remain with the Company.

(b)            The Customer shall be at liberty to sell the goods as Principal in the ordinary course of business, however the proceeds of any such sale and the benefit of any such contract of sale shall be the Title of the Company and held in trust for the Company absolutely, provided always that the Company may by written notice terminate the Customer's Power of Sale at any time if it appears to the Company that the Customer may go or threatens to go into receivership or liquidation, and at any time after the termination of the Power of Sale, the Company shall have the right to repossess the Equipment.  The Company shall have the right to enter onto the Customer's premises to recover the Equipment or any part of it.

6. Risk

Notwithstanding that Title to the Equipment shall only pass to the Customer as provided in Condition 5 until property in and title passes to the Customer

the Customer shall keep the goods properly stored, protected and insured and separate from all or any other goods whether belonging to the Company, the Customer or any other third party

the Company shall be entitled at any time forthwith to revoke the Customers power to deal with the goods; and it shall automatically cease if the Customer shall commit or be subject to any Act of Insolvency; and

the Customer shall not make any modifications to the goods or their packaging or alter or remove or tamper with any marks, numbers or other marks of identification used or in relation to the goods.

Upon termination of the Customer’s power to deal with the goods, the Customer shall place the goods at the disposal of the Company and the Company and its servants and Agents are hereby irrevocably authorised without the need for consent of a third party but only using as much force as may be necessary to enter upon any premises of the Customer or any third party for the purpose of removing the goods.

Unless agreed in writing, the Company shall have no responsibility for Equipment whilst it is in transit between the Company's supplier's premises and the port of embarkation.

In the event of any shortages, defects, damage or other errors whatsoever to the Equipment existing at the time of delivery, they shall be notified to the Company within two (2) days after delivery of the Equipment in accordance with Condition 7.   Strict compliance with this requirement is a condition precedent to the Company being liable in accordance herewith.

7. Assignment

Neither Party shall Assign or Transfer the benefit of this Contract without the prior written consent of the other Party, except that the Company may Assign or Transfer the Contract for the purposes of internal organisation.  The Company shall have the right to Assign or Transfer its right under the Contract to receive all or any portion of the payment(s) due to it from the Customer without the consent of the Customer.

8. Delivery and Delays

In the absence of agreement to the contrary delivery of the goods will be made by the Customer collecting the goods at the Company’s premises as soon as practicable following notification from the company that the goods are ready for collection or, if some other place of delivery is agreed by the Company, by the Company delivering the goods to that place.

All times quoted for delivery are given in good faith but are not guaranteed. Time for delivery or performance shall not be of the essence. The Customer shall have no right to damages or to cancel the order for failure by the Company for any case to meet any performance or delivery time stated.

The Company will quote delivery dates.  However, such dates shall be interpreted as estimated dates only and under no circumstances shall they be subject to strict compliance or be construed as falling within the meaning of "time of the essence" or any similar concept.

The Company shall be under no obligation to deliver the Equipment to the Customer until all monies, including storage charges, have been paid to the Company.

Without prejudice, the Company shall not be liable for any loss, damage, detention or delay due to war, riots, civil insurrection or acts of the common enemy, fire flood, strikes or other labour difficulties, including the Company's own plants, acts or omissions of the Customer, embargo, transport shortage, damage or delay in transportation, inability to obtain necessary labour or materials from usual sources, faulty forgings or castings or other causes whatsoever beyond the reasonable control of the Company. 

In the event of delay in performance due to any such cause the date of delivery or time for completion shall be adjusted to reflect the actual length of time lost by reason of such delay to Equipment. The Customer's acceptance of Equipment shall constitute a waiver of any claims for delay.

9. Taxes

Unless previously agreed in writing, all prices are quoted exclusive of taxes (including and without limitation any value added tax, sales or similar tax), port charges, transportation, insurance, custom duties, licence fees or any other charges whatsoever.

10. Set offs

Neither the Customer nor any affiliated company or assignee shall have the right to claim compensation or to set off any claims against any amounts which become payable to the Company under this or any other Contract the Customer may have with the Company.

11. Warranty

Goods supplied by the Company are warranted to accord with any specification specifically by the company in writing. All other terms, warranties or conditions as to quality, description, fitness for purpose or otherwise (whether expressed or implied, statutory or otherwise) are excluded to the fullest extent of the law.

Unless expressly negotiated and a contract drawn up and duly signed no warranty is given or expressed for any Equipment sold by the Company. All Equipment is "sold as seen" and is without any warranty of any kind.

Warranty is only applicable on those units that are covered by an original, signed and stamped warranty agreement.

The Company reserves the right to apply a warranty only to, selected used equipment and to selected countries.

If agreed by contract, the Company warrants that the Equipment is free from defects in materials and workmanship for the period specified in the warranty agreement following the date of the invoice issued by the Company.

An official Sureshot representative will advise the Company whether to accept any warranty claim and will evaluate defects of the Equipment.

No warranty is given to failures occurring as a result of abuse or incorrect operation, lack of lubricant, incorrect lubricant, faulty installation, misuse, negligent repairs, corrosion, faulty mounting, incorrect choice of goods erosion, normal wear and tear, alterations and modifications made to the Equipment without express written consent of the Company, or any failure to follow the recommended operating practices, service and maintenance procedures as provided in the Equipment's operating and maintenance publications, or any other circumstances whatsoever beyond the reasonable control of the Company.

All maintenance, service and repair work must be completed by an authorized Company or Distributor approved by Sureshot. Failure to comply strictly with these requirements shall invalidate any warranty.

12. Health and Safety

The Customer undertakes to take all steps necessary to ensure that the goods when properly used will be safe and without risk to health. The Customer shall indemnify the Company against any liability whether civil or criminal which the Company may be under in respect of any illness or injury caused by the goods in use or by any service provided.

13.  Limitation of Liability

THE REMEDIES OF THE CUSTOMER SET FORTH HEREIN ARE EXCLUSIVE AND THE TOTAL LIABILITY OF THE COMPANY WITH RESPECT TO THIS CONTRACT OR THE EQUIPMENT AND SERVICES FURNISHED HEREUNDER, IN CONNECTION WITH THE PERFORMANCE OR BREACH THEREOF OR FROM THE MANUFACTURE, SALE DELIVERY, INSTALLATION. REPAIR OR TECHNICAL DIRECTION COVERED BY OR FURNISHED UNDER THIS CONTRACT WHETHER BASED ON CONTRACT WARRANTY TORT NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE UNIT OF EQUIPMENT UPON WHICH SUCH LIABILITY IS BASED.

THE COMPANY AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE TO THE CUSTOMER, OR ITS SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS CONTRACT FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR PUNTIVE DAMAGES ARISING OUT OF THIS CONTRACT, OR ANY BREACH HEREOF OR ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE EOUIPMENT SUPPLIED HEREUNDER WHETHER BASED UPON LOSS OF USE, LOST PROFITS, REVENUE OR INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED OPERATING EXPENDITURE. COST OF PURCHASE OF REPLACEMENT, POWER OR CLAIMS OF THE CUSTOMER OR CUSTOMERS OF THE CUSTOMER FOR SERVICE INTERRUPTION WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.

13. Violations of Law

The Company shall not be bound by or required to adhere to any term or provision of a purchase order, quotation, bid, letter of credit or like document or any provision of law regulation or custom, which would cause the Company, or any of its affiliates to be in violation of or fail to comply with the export laws, taxing statutes or regulations of the country wherein the goods are manufactured or from which they are exported or are otherwise subject to jurisdiction.

14. Governing Law

The rights and obligations of the Customer and the Company shall be governed and construed in accordance with the Laws of England and the Customer submits to the exclusive jurisdiction of the English Courts.

15. Execution

The Company shall not be bound by any contract or any modification thereto until approved in writing by an officer of the Company. The Contract when so approved shall supersede all previous communications, either oral or written.

1. General

The "Terms and Conditions of Trading" outlined herein (hereinafter referred to as the "Contract") shall apply to the sale by Sureshot International Limited (hereinafter referred to as the "Company") to the person, company or other legal entity (hereinafter referred to as the "Customer") from whom the Company receives an offer to purchase products, equipment, services and parts relating thereto (hereinafter referred to as "the Equipment” or “goods").

Sureshot, means Sureshot International Limited.

ALL GOODS, SERVICES ARE OFFERRED AND ALL CONTRACTS ARE ENTERED INTO SUBJECT TO THESE TERMS AND CONDITIONS. NO SERVANT OR AGENT OF THE COMPANY HAS AUTHORITY TO VARY THESE TERMS AND CONDITIONS ORALLY OR TO MAKE ANY STATEMENT OR REPRESENTATION ABOUT THE GOODS OR SERVICES OFFERRED, THEIR FITNESS OR ANY OTHER MATTER WHATSOEVER.

THESE TERMS AND CONDITIONS SHALL BE INCORPORATED INTO ANY CONTRACT BETWEEN THE COMPANY AND THE CUSTOMER TO THE EXCLUSION OF ANY TERMS AND CONDITIONS STIPULATED BY OR REFERRED TO BY THE CUSTOMER.

UNLESS OTHERWISE EXPRESSLY STATED IN  WRITING ALL QUOTATIONS AND ESTIMATES SUPPLIED BY THE COMPANY ARE INVITATIONS TO TREAT.

THESE TERMS AND CONDITIONS PREVAIL OVER ANY TERMS PUT FORWARD BY THE CUSTOMER, UNLESS THE COMPANY AGREES TO THEM EXPRESSLY IN WRITING.  NO CONDUCT BY THE COMPANY SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF ANY TERMS PUT FORWARD BY THE CUSTOMER UNLESS GIVEN IN WRITING.

Terms and Conditions of sale

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CONTACT US AT —

England

tel: + 44 (0) 161 624 2916       fax: + 44 (0) 161 627 0594

E-mail: info@sureshot-intl.com

South Africa:        

tel:      + 27 11708 2703             fax:  + 27 11708 2705

E-mail: milequip@iafrica.com