INOCON TERMS AND CONDITIONS OF SALE
- In these Terms
“Company” means Inocon Ghana Limited
“Customer “means the purchaser of Goods from the company
“Goods” means all goods sold and /or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale and such other terms the company may from time to time create.
‘’Business” means the business of the company in accordance to its objects established in pursuant to the Company Act 1963 (Act 170) or under any applicable law.
- These Terms apply to all contracts for the sale of Goods by the Company.
- No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
- The Customer acknowledges that no employee or agent of the company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
- Prices are determined at the time of the order and prior to payment of the deposit or full payment and are subject to change without notice.
- Payments are to be made to the company without any deduction or discount other than as
stated in these Terms or in the relevant invoice or statement.
- All invoices must be paid in full before delivery unless otherwise agreed upon between the company and the customer
- Interest is payable on all overdue accounts calculated on a daily basis as the rate of 2% per month as from the date due for the payment until payment is received by the company.
- The Customer must pay for the cost of delivery where applicable and as may be determined by the company from time to time without notice.
- All goods delivered must be received by the Customer or it’s agent.
- The Company reserves the right to deliver the goods in whole or in installments as well as to deliver prior to the date of delivery and in such event the Customer must not refuse to take delivery of the Goods.
- Any failure of the part of the company to deliver installments within any specified time does not entitle the customer to repudiate the contract with regards to the balance remaining undelivered.
- Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared cheques.
- Risk and Insurance
- The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection even though title of the Goods has not passed to the customer at that time.
- The Customer must at its own expense maintain the Goods and insure them for the benefit of the Company against theft,damage,breakdown,fire,water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
- Unless the customer has inspected the Goods and given notice to the company within 1 day after collection or delivery that the Goods do not comply with the relevant specifications or descriptions the Goods are deemed to have been accepted in good order and condition.
- Limited Liability
- These terms do not affect the rights, entitlements and remedies conferred by any applicable law of the Republic of Ghana.
- The Company is not subject to and the customer releases the Company from any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the company is not:
- Responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
- Liable for any claim, damage or demand resulting from such non-compliance.
- If any statutory provisions under any applicable law apply to the contract between the Company and the Customer then, to the extent to which the Company is entitled to do so the company’s liability under the statutory provisions is limited at the Company’s option to;
- Replacement or repair of the Goods or the supply of equivalent Goods, or
- Payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods and
- In either case the company will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
- All Goods supplied are covered by such warranties as are specified by the manufacturer
and supplied subject to the product standards detailed by the manufacturer.
- On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry any remedial work to the alledged defective Goods without first obtaining the written consent of the Company to do so.
- The provisions of any act or law implying terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negative and excluded to the full extent permitted by law.
- The Customer expressly acknowledges and agrees that it has not relied upon and the Company is not liable for any advice given by the company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
- Display and Samples
- Any display product or sample inspected by the Customer is solely for the Customer ‘s convenience and does not constitute a sale by sample.
- The terms of the contract are wholly contained in these Terms and any other writing signed by both parties. The contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
- Default and right to enter premises
- Failure to comply with Clause 4 above must be deemed as a breach of the contract and without prejudice to the Company’s right under these terms or any applicable law or both , the Customer;
- Authorizes the company by itself, its agents or representatives at all times, without notice, to enter onto(with force if reasonably necessary) and to remain in and on the premises where the Goods are located to collect the Goods, without being guilty of any matter of trespass; and
- Assigns to the company all the Customer’s rights to enter onto and remain in and on the premises until all the Goods have been collected.
- Force Majeure
- The Company will not be liable for any breach of contract due to any matter or thing beyond the company’s control (including but not limited to transport stoppages, transport breakdowns,fire,flood,earthquake,acts of God,strkes,lock-outs,work stoppages,wars,riots or civil commotion, intervention or public authority, explosion or accident.
- Waiver of Breach
- No failure by the company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have and is not a waiver of any subsequent breach or default by the Customer.
- Neither the contract nor any rights under the contract may be assigned by the Customer without the prior written consent of the Company which is at the Company’s absolute discretion.
- The Company reserves the right and at its absolute discretion to amend any part or the
whole of these Terms without notice to the Customer.
17.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.