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TERMS AND CONDITIONS
These Terms and Conditions of Sale of Midia Distribution Ltd. supersede any other trading terms imposed by the customer and/or his representative, unless agreed, in writing by Midia Distribution Ltd.
PAYMENT
Payment will be made on the 20th day of the following month (i.e. all invoices issued in one month are due by the 20th of the following month), or as agreed in writing by an authorised officer of Midia Distribution Ltd. Settlement terms are net.
If payment of the price, or any part thereof, is not made on or before the due date, Midia Distribution Ltd. shall be entitled to charge interest thereafter on the outstanding amount at the rate of 4% per annum over base rate in force from time to time and until the date of payment, such interest being deemed to accrue from day to day.
In the event of default in payment by the due date, the company reserves the right to suspend delivery or terminate any contract in respect of any undelivered goods. No further supplies will be released until overdue accounts are paid in full.
Acceptance of your Credit Application does not necessarily mean that Terms of Payment are as stated. Your Terms of Payment will be notified in writing to you.
PRICES
The prices charged on the invoice will be determined by the price agreed at the time of despatch.
All prices referred to by Midia Distribution Ltd. shall, unless there is a clear indication to the contrary, exclude value added tax, any other tax or duty which is or may be levied or charged; the amount of such taxes or duties will be added to such prices and the buyer shall account to Midia Distribution Ltd. for such taxes or duties in the same manner as the price of the goods.
DELIVERY
Delivery date is not guaranteed and time is not deemed to be of the essence of the contract and Midia Distribution Ltd. shall in no case be liable for any delay in delivery howsoever caused.
Delay in delivery shall not be sufficient cause for cancellation by the buyer unless a notice thereof is given in writing to Midia Distribution Ltd., such notice to be served no less than 14 days after the due date for delivery.
CLAIMS
The buyer shall give immediate notice in writing to Midia Distribution Ltd. in the event that goods are not delivered to the buyer, within three days of receipt by the buyer of Midia Distribution Ltd. notice of despatch and/or invoice.
In respect of any goods which have been received by the buyer but are in a damaged condition, or if a quantity received is less than a quantity advised by Midia Distribution Ltd. in their invoices of despatch or notice, the buyer shall give notice in writing to Midia Distribution Ltd. of the relevant facts within three days of receipt. If such written notice is not given, Midia Distribution Ltd. will not be liable to the buyer in respect of any loss or damage suffered and the buyer shall make payment for the goods as if all the goods had been received and they shall not have any claim against Midia Distribution Ltd. in respect of short delivery or damage to goods.
CANCELLATION
No cancellation of the order can take place after three days from the date of order. Cancellation will not be accepted at any time if goods are ordered by Midia Distribution Ltd., specifically to satisfy the dealers order.
CHANGE
Midia Distribution Ltd. reserves the right to change the specification of any product in their price list or catalogue, without prior notice to the customer.
REPAIRS etc.
Repairs, faulty goods, missing parts:
Items under manufacturers guarantee and items of recent purchase which the dealer is satisfied are of faulty manufacture should be sent to Midia Distribution Ltd. for inspection stating customers complaint. Midia Distribution Ltd. reserve the right to repair, replace or credit any faulty or damaged items.
CARRIAGE
Carriage and packing charges will be charged by Midia Distribution Ltd. on all orders delivered.
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CHANGES
All quotations made and orders accepted shall be subject to these Terms and Conditions and no additions or alterations including, in particular, any terms or conditions of the buyers contract or order form shall apply unless specifically agreed to in writing by Midia Distribution Ltd..
PRODUCT ACCESS
A business relationship between Midia Distribution Ltd. and another does not give access to all products that Midia Distribution Ltd. sells. Special agreements may be required.
ACCOUNT QUERIES
Particular queries on the account will not be reasons to withhold payment on undisputed items.
DESCRIPTION
Descriptive matter published by the company, relative to goods offered for sales shall not form part of any contract of sale for the same.
LIABILITY
Any liability of the company for any defect in the goods is subject to the goods being used in accordance with the company recommendations for use and is limited to the cost of the goods under dispute. No liability is accepted for delay on despatch or delivery, whatsoever.
RETENTION OF TITLE
The ownership of the goods to be delivered by Midia Distribution Ltd. will only be transferred to the purchaser when all that is owing to Midia Distribution Ltd. has been met, no matter on what grounds.
Until the moment of full payment of any amount by the purchaser to Midia Distribution Ltd., the purchaser shall keep the goods in question for Midia Distribution Ltd. in his capacity of owner and if required shall store these goods in such a way that they can be recognised thus.
Nevertheless, the purchaser will be entitled to sell these goods to a third party within the framework of the normal condition that - if Midia Distribution Ltd. so requires - the purchaser as long as he has not fully discharged his debt to Midia Distribution Ltd. shall hand over to Midia Distribution Ltd. the claims he has against and emanating from his transaction.
When goods sold have been delivered they shall be at the buyer's risk.
Until the property in from the goods passes from the company to the buyer, the buyer shall:
1. Store the goods so as to clearly show them to be the property of the company;
2. Insure the goods in their value against loss and damage from whatever cause;
3. Hold the goods and all monies received from their re-sale or other disposition as bailee or trustee respectively for the company.
If the buyer shall default in payment of the purchase price in the credit period, the company may, without prejudice to any pre-existing liability of the buyer to the company, by written notice, determine their contract and, upon receipt of such notice by the buyer, the buyer shall no longer be in possession of the goods with the company's consent or permission.
On determination, the company shall be entitled to forthwith take possession of the goods and, (if necessary) the buyer shall be deemed to have given, by virtue of this provision, the right and power to the company to enter into and upon any premises where the goods may be.
If the buyer shall default in payment of the purchase price, the company shall, without prejudice to the foregoing provisions and in addition thereto be at liberty on its own account to sell or otherwise deal with or dispose of the goods sold under this contract in such manner as it may deem fit.
Nothing herein before contained shall
1. Entitle the buyer to return the goods and refuse or delay payment on the grounds that the property has not yet passed;
2. Prejudice the company in suing for the price of the goods even though the property may not have passed to the buyer
CESSATION OF DEALERSHIP
Midia Distribution Ltd. reserves the right to cease dealership in any particular product for whatever reason whatsoever. On cessation of dealership, the dealer will return all point-of-sale items and no longer be considered to be an authorised dealer in that product, nor claim to be.
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