| These general terms shall govern all
sales of products by Co-Star to any person, firm
or company (purchaser) to the exclusion of any other
terms and conditions and shall not be modified or
varied except in writing signed by a duly authorised
representative of Co-Star.
Products are sold at the price set by Co-Star
on the date on which the purchaser's order is
accepted by Co-Star.
Co-Star does not operate a sale or return policy
and accrodingly returns from the purchaser will
only be accepted at the sole discretion of Co-Star.
Co-Star must be notified of any delivery shortages
within 3 working days, otherwise Co-Star shall
not be obliged to make up shortfalls.
Any product delivered damaged must be notified
to Co-Star within 3 working days and returned
within 7 working days of the order being delivered.
Co-Star may at its option repair or replace any
such damaged products. Co-Star shall not be obliged
to repair or replace any products not received
within 7 working days.
All prices are quoted exclusive of value added
tax which where payable is payable by the purchaser.
Account holders must pay all invoices within
30 days from the date of invoice.
RETENTION OF TITLE
1.1 The full legal ownership
in the assets (whether be legal, equitable or
beneficial interest therein) shall not pass from
the Vendor until the purchaser shall have paid
all sums due to the vendor under any contract
between them.
1.2 Until such payment is made
the purchaser shall not possess all the assets,
the property which is vested in the vendor by
virtue of this condition, on a fiduciary basis
only and as bailee only for the vendor. The purchaser
shall at its own cost store such assets so they
are clearly identified as belonging to the vendor
and keep separate from those of the purchaser
and third parties.
1.3 While any monies are owed
by the purchaser to the vendor under this agreement
the purchaser shall not:-
1.3.1 Pledge, charge or assign
to third parties the assets or documents of the
title thereto or allow any lien to arise thereon;
1.3.2 Process or mix the assets
with any other assets or material;
1.3.3 Or accept as permitted
by this clause deal with or dispose of the assets
or documents of title or nay interest therein.
1.4 If before the purchaser shall
have paid to the vendor all sums due to the vendor
the purchaser shall commit any breach of any conditions
under any contracts between the vendor or the
purchaser shall have a Receiver or Administrative
Receiver appointed or the purchaser shall be insolvent
or bankrupt to be unable to pay their debts as
and when they fall due or shall make any composition
or arrangement with their creditors or if any
payment tot eh vendor is overdue the vendor may
recover and resell the assets and may enter upon
any land or building upon which the assets is/are
situated for that purpose.
1.5 In the event that the purchaser
sells the assets the purchaser shall be under
a fiduciary duty to retain in a separate account
and to pay to the vendor the proceeds of such
sale to the extent that any monies are owed by
the purchaser to the vendor. |