the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; and
the payment of the cost of having the goods repaired.
To the extent permitted by law the Company will have no liability for any failure to deliver on time (or at all) any goods. The liability of the Company for damage, loss, delay, non – delivery or for any cause thereof ceases upon release of goods to authorised third party carriers.
Every effort will be made to carry out the contract based on quotation and terms given but the performance of the contract is subject to variation or cancellation by the Company owing to acts of god, war, strikes, lockouts, fire, flood or any other cause beyond the control of the Company.
Passing of Title
The property in and ownership of each of the goods supplied by the Company (the "Relevant Goods) remains with the Company at all times until the whole amount payable in connection with the Relevant Goods and all of any moneys outstanding from previous orders by the Customer (together, the "Money Outstanding") have been paid in full by the Customer and on such payment to the Company, the property and ownership of the Relevant Goods passes to the Customer.
Until the Money Outstanding has been paid in full:
(a) the Customer holds the Relevant Goods as bailee and fiduciary of the Company and is liable to account to the Company for the Relevant Goods or, if the Relevant Goods are sold by the Customer, for the proceeds of the sale of the Relevant Goods, such proceeds to be paid into a separate bank account clearly specified as an account for that purpose;
(b) the Customer must retain the Relevant Goods in good merchantable condition and must ensure that the Relevant Goods are stored separately and marked as the property of the Company; and
(c) the Company may enter the premises of the Customer where the Relevant Goods are or may reasonably be believed to be located, without liability for trespass or any resulting damage, and retake possession of the Relevant Goods.
Goods supplied to a Customer shall be at the risk of the Customer from the time the goods cease to be within the actual possession of the Company or its agents.
If the Customer should use, mix, add to, materially change, or create new products from the Relevant Goods (the Resultant Products"), the Company will own and have all the proprietary interest in the Resultant Products as security for the full payment of any amount owing to the Company by the Customer, as if the Resultant Products were Relevant Goods. This transfer of ownership and proprietary interest in the Resultant Products will take place through and at the moment of the operation or event by which the goods are converted into the Resultant Products.
Directors Guarantee And Indemnity
Where the Customer is a Company the directors may be required to sign a director's guarantee and indemnity.
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