Terms & Conditions
The terms and conditions of sale set out below apply to the sale of all products and services supplied by TRANS-LINK TRADING LIMITED (herein after called TLT). All parties dealing with TLT shall be deemed to have knowledge of these terms and conditions and placing of an order with TLT will be deemed as acceptance of these terms and conditions. No variation or addition shall be recognised by TLT unless it has been formally agreed to in writing.
TERM OF TRADE
All customers not having an account with TLT or not having previously made credit arrangement with TLT shall pay for the goods and services intended to be supplied before they are delivered or supplied to the customer by TLT. Any arrangement for credit shall be made at the sole and absolute discretion of TLT. Customers desiring to open a credit account shall provide such information as may be required by TLT from time to time and any approval to the opening of a credit account will include a credit limit.
TERM OF PAYMENT CREDIT ACCOUNTS
Unless otherwise agreed to in writing, the full amount charged for all Goods and Services supplied by TLT, shall be paid by the customer within 7 days of delivery of goods and services or no later than the 20th of the month following whichever credit period given by TLT to the customer. No payment shall be withheld for any disputed portion of an invoice/account unless full written details of the disputed portion are sent to TLT (within seven (7) days of receipt of invoice) along with full documentation in support of the withheld portion. If the customer fails to comply with TLT's terms and conditions of payment, TLT may in its own discretion withhold supply further goods and services even where there is an existing order uncompleted for the supply of goods and services to the customer. Where there is a failure to make prompt payment all other monies due by the customer to TLT, even if time for payment has not yet fallen due, shall immediately become due and payable by the customer to TLT without the necessity of making demand for payment. Customer agrees to indemnify TLT against all costs it incurs in recovering any moneys, goods or services which are outstanding pursuant to these conditions. This includes commissions, legal fees, and any other recovery costs, whether they are incurred by TLT itself or by its agents. TLT reserves the right to charge interest on any overdue amounts owing to it without prior notice to the customer at a rate of 2.5% per month or at such other rate as may be fixed from time to time by TLT such interest to be computed from the date a payment becomes overdue until payment of such monies is received in full. This right will continue even if credit arrangements are cancelled.
TITLE TO AND RISK IN GOODS
Ownership and goods supplied by TLT to the customer shall be retained by TLT until payment is made for those goods in full and for all other goods supplied by TLT to the customer. The risk in goods shall pass to customer or some other party at the customer's direction on delivery. Should the customer sell any goods supplied to it by TLT before the customer pays for them, then the proceeds of the sale shall immediately be applied towards payment of monies due (notwithstanding the TLT may have allowed the customer any credit period of credit) and those proceeds of the sale shall remain the sole property of TLT. Until TLT has been paid in full for the goods, the customer shall hold the goods as bailee and as agent for TLT and the customer shall store the goods in such a way that it is clear that they are the property of TLT. The goods shall be stored in such manner that they will not deteriorate. The customer irrevocably gives TLT, its agents and servants authority without the necessity of giving any notice to enter all premises freely and uninterrupted right at which TLT on reasonable grounds believes the goods to be stored, to inspect, remove, or repossess any goods supplied by TLT and not paid for by the customer. TLT shall not be liable for costs, damages or expenses or any other moneys or losses suffered by the customer as a result of this action. The customer shall also indemnify TLT against any liability against any third party suffered by TLT as a result of such actions. TLT with the repossessed goods may re-sell any of them, without being liable in any way to customer or any person claiming through customer.
PERSONAL GUARANTEE by DIRECTOR(S) of LIMITED COMPANY
By signing on this application, the director(s) jointly agreed to give their personal guarantee in favour of TLT for the supply of goods on credit from time to time to the Applicant. The director(s), in this case, acting as the Guarantor(s) unconditionally guarantees to TLT the due and punctual payment of all money owing by the Applicant to TLT. This guarantee is a continue guarantee and will remain in force and effect until all moneys owing by the Applicant to TLT are paid in full, and TLT provides a formal letter to the Guarantor(s) releasing the Guarantor(s) of his or her obligations. The Guarantor(s) jointly agree to indemnify TLT against all costs it incurs in recovering any moneys, goods or services which are outstanding pursuant to these conditions. This includes commissions, legal fees, and any other recovery costs, whether they are incurred by TLT itself or by its agents. TLT reserves the right to charge interest on any overdue amounts owing to it without prior notice to the customer at a rate of 2.5% per month or at such other rate as may be fixed from time to time by TLT such interest to be computed from the date a payment becomes overdue until payment of such monies is received in full. This right will continue even if credit arrangements are cancelled.
All prices of TLT are subject to change without notice. Unless otherwise agreed by TLT in writing, the price of the goods and services shall be TLT's price ruling at the date of dispatch and are excluding G.S.T. and freight and handling.
ANNUAL AGREEMENT & CONTRACTS
Annual agreements can be negotiated to secure better pricing. Contracts and purchase orders with extended shipping dates will also be accepted.
CLAIMS & RETURNS
All claims for damages, shortage or shipping errors must be made in writing to TLT within 7 days of receipt of goods. Goods for return will only be accepted after a Returned Goods Authority has been given by TLT. Returns are accepted for replacements only. TLT reserves the right to make final inspection of all returned products. When goods are not returned in the original condition as supplied to the buyer, TLT may in its sole and absolute discretion fix the value of those goods and make whatever deduction it sees fit for the alteration in condition of the goods supplied. Goods being returned to TLT for credit must be made within 7 days of receipt of goods, buyer provides TLT the reason for return in writing. TLT shall be at liberty to decline or refuse such a request as it thinks fit. Goods must in original packaging, undamaged and saleable condition, and all costs incurred in returning the goods to TLT shall be borne by the buyer. Subject to the foregoing, any goods returned later than 7 days after invoice date may be credited back to buyer account at the invoice value less 25% restocking fee.
TLT may (in addition to its other rights) terminate this contract if customer: fails to comply with any of these conditions, or fails to comply with any other terms of agreement with TLT, or commits an act of bankruptcy, or has a receiver appointed, or goes into liquidation, or makes an arrangement with its creditors and TLT may also terminate if it has reasonable grounds to believe that its goods have been or will be endangered or removed from customer's normal place of business (except in the ordinary course of trade)
WARRANTY & LIABILITY
All products are guaranteed against manufacturing defects for 180 days from date of shipment. TLT cannot warrant damage resulting from customer's mishandling or improper storage, nor can TLT be liable for any incidental or consequential injury, loss or damage whatsoever and howsoever arising from the use of the products or services. TLT gives no independent warranty as to defects or faulty workmanship in the goods or any parts thereof but will pass to the customer (so far as it is able) the benefit of any guarantee or warranty given to TLT by the manufacturers or suppliers of the goods.
CONSUMER GUARANTEES ACT 1993
The guarantees contained in the Consumer Guarantee Act 1993 are expressly excluded where the customer acquires goods or services from TLT for the purpose of a business. If the customer on sells the goods to a third party, the customer agrees to indemnify TLT for any losses incurred due to third party claims against TLT as Manufacturer/Importer.