Updated April 2019
Terms & Conditions
Contract of Sale is Subject to the Following Conditions. Immediate acceptance and to change without notice.
The supply of raw materials being obtainable and the cost of labour and materials ruling at time of delivery.
The quantities shown on these documents are subject to a manufacturing tolerance of 10% either way, and the goods will be invoiced accordingly. Manufacture and delivery to be made in one lot unless otherwise agreed. Manufacture is subject to hostilities, riots, strikes, lockouts, fire, act of god, and other contingencies beyond our control.
Quotations are for information only and are not binding until an order has been received and acknowledged by way of order acknowledgment. Prices are based on quantities quoted for delivery. Pricing Adjustments will be made to cover any variations on delivery requirements. Delivery dates are estimated only and no liability can be accepted for delays or consequential loss thereon.
No warranty is given to the suitability of purpose or conditions, neither do we accept liability for damage to contents. Payment of account will be due 30 days from receipt of goods. We reserve the right to charge interest on monies outstanding for payment beyond our agreed payment terms of 30 days nett or any other negotiated payment period.
All risk in the goods shall pass to the buyer upon delivery of goods, however the legal and beneficial title to the goods shall not pass to the buyer until all monies owed by the buyer to Caps Cases both in respect of this contract any other subsisting contracts have been paid. Until the date of such payment the buyer will hold the goods in fiduciary capacity for the seller so that in the event of prior resale the seller shall be entitled in law and equity to the proceeds of such sale of any claim for the same. The buyer shall if the seller so requests store the goods in such a way that they are clear shown to the property of the seller.
The purchase orders we raise are divisible. Each delivery made thereunder:
– shall be deemed to arise from a separate contract, and
– shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for therein without reference to and notwithstanding any defect or default in the delivery of any other instalment or of any other instalment under any other contract.