Conditions of Sale

1. GENERAL
The following terms and conditions only will apply where an order is accepted without submission by us of a quotation or agreed contract of supply.

2. SPECIAL CONDITIONS
In the event of the customer’s order form containing special printed conditions, the order for the goods will only be accepted by us on the understanding that those conditions are not at variance with our own, or have been waived by the customer.

3. PRICING
From list price at the time of dispatch, regardless of order date, unless by prior written agreement.

4. All accounts are strictly nett unless stated otherwise and they are due for payment by the 30th day of the calendar month following the dispatch of the goods.

5. Defective materials or workmanship due to the fault of KES will be replaced on return of the goods carriage paid to KES at the customers risk within one month of the date of dispatch, and this liability to replace such goods as a foresaid shall be KES’s sole liability in the event that the goods do not correspond to sample or description or are not of the requisite or are unfit for their particular purpose.

6. Under no circumstances whatsoever will any liability be accepted for damages or consequential loss arising on connection with any goods or material of any description supplied by KES except as stated in clause 5.

7. DELIVER DATE
Delivery dates are given in good faith and as accurately as possible, but are not guaranteed.

8. SHORTAGES
Shortages from packages must be notified to us in writing and to the carriers within 3 days of delivery. Relevant Order No. and Invoice No. must be quoted.

9. DAMAGE IN TRANSIT
We will repair or replace free of charge any goods damaged in transit provided the carrier and ourselves receive written notification of such damage within three days of delivery but not otherwise and provided nothing had been done or left undone by the customer which might invalidate any claim we have on the carriers. Relevant Order No and Invoice No must be quoted.

10. CREDIT ACCOUNTS
Application for credit Accounts must be accompanied by two trade and one Bankers reference.

11. RETENTION OF TITLE
The goods shall remain the sole and absolute property of the Company until such time as the buyer shall have paid to the Company the purchase price together with the full price that is outstanding of any other goods the subject of any other the subject of any other Contract between the buyer and the Company. The acknowledges that he is in possession of the goods solely as bailees for the Company until such time as the full price is paid thereof to the Company together with the full price outstanding of any other goods that subject of any other Contract between the Company and the buyer. The buyer agrees that until such times as he becomes the owner of the goods, he will store them in a manner which makes them readily identifiable as the goods of the Company. The buyer’s right to possession of the goods shall cease if he, not being a Company commits an act of Bankruptcy or if he, being a Company does anything or fails to do anything which would entitle the Receiver to take possession of any assests or which would enable any person to represent a petition for winding up. The Company may for the purpose of recovery of it’s goods enter upon any premises where they are stored or where they are reasonably thought to be stored and they repossess the same.

11. Subject to the terms hereof the buyer is licensed by the Company to agree to sell on the Company’s good subject to the express condition that such an agreement to sell shall take place as agents and bailees for the Company whether the buyer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and shall be at all times identifiable as the Company’s monies. If the buyer has not received the proceeds of any such sale he may be called upon to do so by the Company and will within seven days thereof assign to the Company all rights to payment against the person or persons to whom he has supplies the Company’s goods. All invoiced goods remain the property of KES until payment is received in full.

12. VAT
Value added tax is not included in the price.