Terms of Trade
Cobra Attachments Limited Terms and Conditions of Sale
All products and services (“goods”) supplied by Cobra Attachments Limited (“Cobra Attachments”) are supplied subject to the following terms and conditions of sale which shall prevail despite any indication to the contrary by any person acting or purporting to act on Cobra Attachments behalf. Accordingly, the purchaser must obtain written confirmation of all variations to the conditions (including all representations or understandings which may conflict with one or more of them) set out below.
The goods shall be supplied to the Purchaser at list prices from time to time current as fixed by Cobra Attachments.
2.1 Payment is to be made by the 20th of the month following delivery. Notwithstanding such credit period, full payment for all goods at any time supplied by Cobra Attachments shall become due immediately upon the Purchaser becoming insolvent or upon the commencement of any act or proceeding in which the Purchaser’s insolvency is involved or if the Purchaser resolves to wind up or is ordered to be wound up or has a receiver, liquidator or official manager appointed in respect of all or any of its assets.
2.2 Failure by the Purchaser to make payment on any amount payable pursuant to these terms and conditions on the due date shall constitute a default and, without prejudice to any rights or remedies of Cobra Attachments, the Purchaser shall pay to Cobra Attachments penalty interest on any such amount at a rate of 10% per month. Such interest shall be payable on demand and shall accrue on a daily basis from the due date of payment.
Cobra Attachments undertakes to use all reasonable endeavours to deliver the goods within the time specified and the Purchaser shall accept the goods as if the goods are delivered within reasonable time thereafter. Cobra Attachments reserves the right to deliver the goods by instalment and each instalment shall be deemed to be a separate contract governed by these terms and conditions. Should Cobra Attachments fail to deliver any instalment within the time specified or a reasonable time thereafter, this shall not give the Purchaser any right of repudiation or rejection in respect of any other instalment.
- Retention of Title
4.1 Ownership of the goods is retained by Cobra Attachments until payment in full has been received for the goods, for all other goods supplied to the Purchaser by Cobra Attachments at any time pursuant to any other contract or delivery, and for any other amount payable pursuant to these terms and conditions. Unless Cobra Attachments directs otherwise the Purchaser shall dispose of any goods purchased from the seller to third parties by way of bona fide sale at full market value in the normal course of trading. If Cobra Attachments so requests, any proceeds of sale of any goods owned by Cobra Attachments received by the Purchaser shall be deposited by the Purchaser in a separate bank account established for the purpose and held by the person on trust for Cobra Attachments. The relationship of the Purchaser to Cobra Attachments in respect of goods owned by Cobra Attachments shall be fiduciary and Cobra Attachments shall have the right to trace and claim the proceeds of any disposition or whatsoever of such goods. The Purchaser shall segregate and store the goods owned by Cobra Attachments in such a way that they shall be clearly recognised as the property of Cobra Attachments.
4.2 If any payment is overdue in whole or part Cobra Attachments may (without prejudice to any other rights and remedies) recover and resell any goods owned by Cobra Attachments. The Purchaser hereby grants to Cobra Attachments the irrevocable license to enter upon the Purchaser’s premises by its servants or agents in order to take possession of and remove any such goods. Cobra Attachments shall not be liable for any damage, injury or loss however resulting from such recovery or sale and any costs incurred by the seller in respect of such recovery or sale shall be payable by the Purchaser upon demand.
Cobra Attachments shall accept returns if they have been previously authorised. Goods returned for credit must be in original condition and packaging and used, superseded, or discounted goods will not be accepted for credit. A sale and invoice number must be forwarded with all returns. Cobra Attachments reserve the right to charge a handling fee for goods returned.
Cobra Attachments is the sole distributor of its goods. The goods are supplied on the condition (unless expressly stated otherwise) that they are only sold at a retail to end users.
- Risk and Insurance
Risk and any goods supplied by Cobra Attachments to the Purchaser shall pass to the Purchaser when such goods are delivered to the Purchaser or into custody on the Purchaser’s behalf providing that if the Purchaser fails to accept the goods or requests that the delivery of the goods be delayed, risk in the goods shall be borne by the Purchaser from the time of such failure or request as the case may be. The Purchaser shall insure the goods for their full insurable value at all times until ownership in the goods has passed to the Purchaser.
Warranties of merchantability or fitness for a particular purpose and all other representations, statements, warranties or conditions whether statutory or made by any representative or agent of Cobra Attachments or otherwise, whether expressed or implied are hereby excluded.
- Force Majeure
Should any cause beyond the control of Cobra Attachments, including, but not limited to, any order of Government or other authority, strike, lock out, labour dispute, delays in transit, difficulty in procuring goods, embargo, accident, emergency, act of God or other contingency, interfere with delivery by Cobra Attachments or with the performance by Cobra Attachments of any of its obligations under these terms and conditions then Cobra Attachments shall be entitled at its sole discretion to suspend its performance of any such obligation or to cancel any contract for the sale of goods and shall not be liable to the Purchaser in any respect.
- Consumer Guarantees Act 1990 10.1 The Purchaser acknowledges that in the event that it is purchasing the goods for business purposes then in terms of Section 43 of the Consumer Guarantees Act 1993 (“Act”) the Act does not apply and that the Purchaser cannot rely on any guarantees otherwise implied by that Act. 10.2 The Purchaser acknowledges that in the event the goods have been imported by Cobra Attachments, that Cobra Attachments, for the purposes of the Act is deemed to be a manufacturer and the Purchaser shall indemnify Cobra Attachments from any liability as a manufacturer under the Act incurred as a result of unauthorised representations made by the Purchaser to third parties.
- Liability In the event of any product failure of goods supplied, Cobra Attachments shall not be liable for any damage, or consequential or economic loss resulting from such failure but shall replace the goods if returned pursuant to Clause 5, provided such failure has not been caused by fair wear and tear.