Terms and Conditions of Trade

All goods and services supplied by Equipment Marketing (2008) Ltd (trading as EMCO), hereinafter referred to as the seller, on only the following terms and exclude any terms or conditions contained in documents submitted by the purchaser, unless specifically agreed in writing by Equipment Marketing (2008) Ltd.

  1. Specifications :
    The Seller reserves the right to make any alteration or improvement to, or departure from any specification or design, at its discretion, unless otherwise agreed.
  2. Prices :
    Prices contained herein and delivery charges are based on current costs and are therefore subject to alteration without notice. Goods will be invoiced at the price ruling at a date of delivery.
  3. Point of Delivery :
    Freight costs will be to the purchaser’s account.
  4. Special Deliveries :
    The seller reserves the right to consolidate freight and utilise appropriate freight arrangements to minimise delivery costs. Should special delivery arrangements be required by the customer, freight will be to the customer’s account.
  5. Insurance :
    The goods will not be insured by the seller beyond the point of delivery. Insurance for loss or damage in transit beyond the delivery is the purchaser’s responsibility unless the seller is expressly instructed to effect insurance cover on behalf of the purchaser and at the purchaser’s cost.
  6. Payment :
    Standard trading terms are 20th of the month following date of purchase to approved credit customers. That you undertake to pay the account in full on or before the due date. In default of such prompt payment, you undertake to pay interest on any outstanding amount at the rate of 2% per month and to indemnify us and pay collection cost plus all costs and expenses on a solicitor / client basis which we may incur recovering from you on any overdue account. That all goods will remain the property of this company at the option of this company until payment is made in full or satisfactory payment arrangements are agreed upon. The debtor gives the company the right to enter any property to up-lift the said goods in the event that payment of the said goods has not been made.
  7. Cancellation :
    An accepted order cannot be cancelled except by mutual consent of purchaser and seller. All costs incurred up to the date of cancellation including a 10% handling charge, will be to purchaser’s account.
  8. Samples :
    Cost of samples of specially modified or developed products will be borne by the purchaser making the request and samples cannot be returned for credit.
  9. Warranty :
    • The seller warrants that the goods manufactured by it or by various suppliers, and bearing identification will be of merchantable quality for a period (as specified by the supplier or manufacturer of that particular product), from the date of invoice and when used in conditions under which such goods are ordinarily used. If the goods are unmerchantable they will be repaired or replaced free of charge on return to the seller within the warranty period provided transportation charges are prepaid and inspection by the seller substantiates the claim being made.
    • Apart from this warranty the only conditions, warranties, liabilities to compensate or indemnify, representations and statement shall at the seller’s option be limited to any of the following : the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods, or acquiring equivalent goods or of having goods repaired: and otherwise all conditions and warranties whether expressed or implied and all representations, statements and obligations which would otherwise be binding upon the seller are hereby expressly excluded. Except to the extent provided for immediately above the company shall have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person in relation to the goods without limiting that generality in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly from the goods or from any failure, breakdown, defect or deficiency whatsoever nature and kind of or in the goods.
    • The seller does not promise that facilities for repair of the goods or parts will be available.
  10. Return of Goods :
    Goods returned for credit will only by accepted up to fourteen (14) days from date of receipt providing authorisation is obtained, and must be accompanied by details of the original invoice number and purchase date. All freight charges to customer account. Credit will be allowed after 15% is deducted for handling. Merchandise returned because of errors or other deficiencies on the part of the seller will be replaced at no charge or full credit allowed after the return of same. Nonstandard products are non-returnable.
  11. Time of Delivery :
    Every endeavour will be made by the seller to comply with the estimated delivery but in no case will the seller be liable for loss or damage howsoever caused by delay in delivery.
  12. Standard Packs :
    Where possible we supply stock items in standard packs. This will assist your warehouse operation and reduce handling costs therefore, we ask your co-operation in ordering in standard pack quantities.
  13. GST :
    Goods and Services Tax has not been included in the prices contained in any Price List or in any quoted price but will be charged at the time of invoicing at the ruling rate.
  14. I/We authorise any person or company to provide you with such information as you may require in response to your credit enquiries. I/We further authorise you to furnish to any person or company any details from this application, and from any dealings that I/We may have with you prior or subsequent to this application being made. In consideration or your agreeing to receive and consider this application I/we hereby expressly agree to fully indemnify you against any costs, claims or expenses suffered by you in relation to compliance or non-compliance with the Privacy Act 1993 or any enactment in substitution therefore, or any code or regulations thereunder.
  15. Reservation of title
    Risk in the goods shall pass to you on delivery of the goods.
    • Notwithstanding the passing of risk, property and ownership in the goods shall only pass from us to you upon full payment of the price owing by you to us and any default interest due. Receipt by us of any cheque, bill of exchange or promissory note shall not be deemed to be payment until met or honoured.
    • Should the goods become constituents of or be converted into other products, or be incorporated in or used as materials for other goods, while subject to our ownership pursuant to this clause we shall have and retain title and property in and to such other products or such other goods as if they were the goods delivered by us to you pursuant to this agreement, and the provisions of this clause shall thereupon apply to such other goods or such other products.
    • You agree that the retention of title in the goods created by this clause is a security interest, as defined in the Personal Property Securities Act 1999, over all goods supplied by the us you and all inventory supplied by us to you.
    • We are entitled at any time to register this security interest over any goods being supplied by us to you. For the purposes of registration the description of the goods shall be the type of engineering products and supplies being supplied to you at the date of registration. Should at any time the nature or description of goods supplied by us to you change, we shall be entitled to register subsequent security interests to ensure the security interest includes any such new types of goods supplied.
    • Should we elect to register our security interest, you agree:
      1. To provide all necessary information requested by us to assist in the registration of the security interest, and
      2. That you will not create any further security interests over the goods, and
      3. That you will notify us within 5 days of any intended change of your name, and
      4. That you waive the requirement that you be provided with verification statements recording registration.
  16. Personal Guarantee
    In consideration of us agreeing to provide you with products on credit the guarantors shown on this application shall be jointly and severally liable to us in respect of all or any of your indebtedness or liability arising out of this contract and shall, upon demand, and in writing, interpose and bind themselves as sureties and co-principal debtors with you, jointly and severally, for the due and punctual payment of all monies and the performance of all your obligations arising out of the contract.