Terms and Conditions
1) General
a) Superior Hire (2019) Limited is referred to in these Terms and Conditions of Trade as “Superior” and the person, company or entity which SUPERIOR enters into any contract evidenced by or arising out of this document is described as “the Customer”
b) Unless the context requires otherwise, the term “products” shall mean all products which are or form part of the subject matter of any contract evidenced by or arising out of this document.
2) Variation
a) The terms and conditions of any contract evidenced by or arising out of this document shall not be modified or varied except in writing signed by SUPERIOR.
b) Unless so modified or varied, these terms and conditions override and negate any contrary term, condition or intention contained in any of the Customer’s conditions of purchase, conditions of contract or other forms.
3) Payment
a) Payment for products supplied is due not later than 20th of month following date of invoice or as such payment terms as described in the SUPERIOR commercial invoice
b) Payment shall be in full without set-off, deduction, counter claim or otherwise
4) Price Variation
a) Where increased or decreased customs charges, exchange rates and freight charges occur these are payable by the customer or credited to the customer where applicable at the suppliers sole discretion
b) SUPERIOR reserve the right to increase the price of a product from time to time
5) Risk and Insurance
a) Notwithstanding anything else contained in this document, the risk in any and all products supplied by SUPERIOR to the Customer shall pass to the Customer on dispatch of the products from SUPERIOR’s premises and in particular the Customer shall be responsible for all products in transit and shall fully insure them.
b) SUPERIOR makes no representations, warranties or conditions, express or implied, as to or concerning the products other than the product being in a “deliverable state” within the terms of the sale of goods act 1908. Any and all other representations, warranties, terms and conditions implied by any laws including but not limited to the Sale of Products Act 1908 are excluded. SUPERIOR shall not be liable for any consequential, incidental or special damages arising directly or indirectly from the use of the products in any circumstances whatsoever. As conditions of use are beyond SUPERIOR’s control, SUPERIOR has no liability (express or implied) for any loss, damage or physical injury, loss of income sustained or arising from the use of any of SUPERIOR’s products.
6) Title and Security (Personal Property Securities Act 1999)
a) Title in all products supplied by SUPERIOR to the Customer shall remain vested in SUPERIOR until the Customer has made payment in full for all such products that remain unpaid.
b) Until full payment of all these amounts has been received by SUPERIOR, the following conditions shall apply:-
i) All products supplied and unpaid for shall remain the sole and absolute property of SUPERIOR.
ii) The Customer acknowledges that it retains possession of the unpaid products in trust for SUPERIOR as the beneficial owner.
iii) The Customer shall store the unpaid products on its premises in such a manner as to make them readily identifiable as belonging to SUPERIOR and shall display such identification as may from time to time be requested by SUPERIOR.
iv) If any or all of the unpaid products are sold by the Customer then all proceeds of sale shall be property of SUPERIOR and shall be retained in trust by the Customer for SUPERIOR and shall not be intermingled with any other moneys or paid into any overdrawn bank account and shall at all times be kept identifiable as moneys held in trust for SUPERIOR.
v) Where SUPERIOR has reasonable cause to believe the Customer has not strictly complied with these terms and conditions of trade or that the Customer has or will commit an act of bankruptcy or, being a company, has had a receiver, receiver and manager, liquidator or statutory manager appointed or about to be appointed, SUPERIOR may repossess any or all of the unpaid products supplied and for such purpose may at any time day or night enter by force if necessary upon any premises where such unpaid products are reasonably thought by SUPERIOR to be stored.
vi) The Customer gives irrevocable authority to SUPERIOR to enter any premises occupied by the Customer or on which unpaid products are situated at any reasonable time after default by the Customer or before default if SUPERIOR believes a default is likely and to remove and repossess any unpaid products and any other property to which the unpaid products are attached or in which the unpaid products are incorporated.
vii) SUPERIOR shall not be liable for any costs, damages, expenses or losses incurred by the customer or any third part as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. SUPERIOR may either resell any repossessed Products and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other related costs or may retain any repossessed Products and credit the Customer’s account with the invoice value thereof less such sum as SUPERIOR reasonably determine on account of wear and tear, depreciation obsolescence, loss or profit and costs.
viii) Where the Products are retained by SUPERIOR pursuant to Clause 5 (vi) the Customer waives the right to receive notice under s120 of the Personal Property Securities Act 1999 (PPSA) and to object under s121 of the PPSA and the parties further agree to waive all rights under part 9 of the PPSA including (but not limited to) notices for the repossession of collateral, notices of intended repossession or removal notices of sale and notices of sale and notices after sale of repossessed/removed collateral
ix) Where products are held by the Customer, or trust for SUPERIOR, the Customer shall indemnify SUPERIOR for any damage while the products are in the Customers possession.
7) Default in Payment
a) The Customer agrees to pay interest on all sums outstanding at a rate of 15% per annum calculated on a daily basis from the due date for payment until payment in full is received by SUPERIOR.
b) Should default occur the customer agrees to pay all costs in the recovery of the overdue amount including but not limited to all recovery agency fees and legal costs
c) Upon payment default all monies become due and payable
8) No assignment
a) The Customer may not assign all or any of its rights or obligations under any contract evidenced by or arising out of this document without the prior written consent of SUPERIOR.
9) Consumer Guarantees Act
a) The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products from SUPERIOR for the purposes of a business in terms of section 2 and 43 of that Act.
b) The Customer acknowledges that any goods purchased are for business use and are exempt from the Consumer Guarantees Act 1993.
10) Force Majeure
a) SUPERIOR shall not be liable for failure or delay in supply, manufacture or delivery occasioned by strike, riots, lock-outs, difficulty in procuring suitable materials, products or substances required for the manufacture of the products, acts of god, shortage of stocks, shortage of labour, lack of skilled labour, delays in transit, legislative, governmental or other prohibitions or restrictions, fire, flood, hostilities, commotion’s or other causes whatsoever whether similar or not to the foregoing, beyond SUPERIOR’s reasonable control.
11) Special Orders
a) Any special order that a customer may order is supplied solely at the customers risk and is non returnable
12) Claims
a) Any claim for faulty or damaged products must be made within14 days from the date of receipt by the customer
13) Privacy Act 1993
a) The Customer Agrees to authorise SUPERIOR and its subsidiary companies to collect, use and disclose any personal information to anyone in establishing the Customers credit worthiness at any time. The customer further agrees that SUPERIOR and it’s subsidiary companies may furnish a credit reporter, solicitor or debt collection agency with such information for the purposes of collecting any sums due under this agreement
14) Personal Guarantee of Company Directors or Trustees
a) If the Customer is a company or trust the Director(s) or Trustee(s) signing this contract, in consideration for SUPERIOR agreeing to supply Products and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally undertake as principals debtors to SUPERIOR the payment of any and all monies now or hereafter owed by the Customer to SUPERIOR.