Legal and equitable title to and ownership of the goods shall not pass to the purchaser or an agent of the purchaser until payment is received in full.
The customer holds all goods supplied by the supplier for which the supplier has not received full payment, in a fiduciary capacity for and on behalf of the supplier and will not give possession of such goods to any other party.
If the goods are sold by the customer before the supplier has received payment in full for those goods, the proceeds of such sale shall be held in trust for the supplier.
The goods shall at all times be situated at the customer’s premises or as directed hereunder. In the event that the customer delivers the goods to a contractor, the goods shall be clearly identified and the customer and the contractor will at all times disclose to the supplier the location of the goods and acknowledge that the goods remain the property of the supplier until payment in full has been received.
The material and goods are those disclosed in the supplier’s invoices.
The customer and the contractor (if any) will give or obtain for the supplier all necessary consents and authorities for the supplier to enter upon any premises where the goods are stored to take possession and remove the materials and goods to which this clause relates. This extends to any goods which have not been paid for in accordance with the terms of supply.
The customer and the contractor (if any) shall be liable for any loss, damage or deterioration of the said materials and goods from the time the same are delivered by the supplier to any storage facility or place nominated by the customer or an agent of the customer. The customer shall take every reasonable precaution necessary to prevent damage or loss or deterioration of such goods and materials whilst the same are in its/their custody.
The customer will satisfy himself that goods supplied are suitable for his purpose immediately on receipt before the goods are embroidered or printed or altered in any way. Any goods that are not suitable for this purpose may be returned for credit ONLY if in the same condition as when received and ONLY within 14 days of receipt and when accompanied by the relevant original invoice note etc. Freight will not be credited on samples or general returns.
The goods supplied will be to the quality and colour of samples. A degree of variation in quality and colour may occur but will be within industry tolerances.
The risk of loss or damage to the goods from whatever cause arising, shall pass to the purchaser, at the time of delivery to the address nominated by the purchaser.
Where a credit facility has been approved, payment is due in full on the 20th of Month following date of Invoice. In the event of non payment, credit facility can be withdrawn or cancelled without notice and any orders/indents can be cancelled. We will be under no obligation to accept orders when credit has been withdrawn.
Where goods have been supplied on a cash basis, (where goods are paid for prior to dispatch), should goods be dispatched after receipt of a short-payment from whatever cause arising, without holding goods awaiting payment of the balance due, this in no way releases the customer from the obligation to pay the balance still owing. Payment of the balance owing is due IMMEDIATELY.
Any expenses, costs or disbursements incurred by the supplier in recovering any outstanding monies, including debt collection agency or legal fees, shall be recoverable from the customer.
The purchaser consents to MARLAN TRADING CO LTD collecting any information as may be required to evaluate their credit worthiness. I / We also consent to the passing of information to Credit Agencies or Debt Collection Agencies if I / We fail to meet my / our financial commitment.
Placement of an order implies acceptance of these terms.
The account holder will be held liable for ALL collection charges incurred in the recovery of the outstanding balance owed.
