TERMS AND CONDITIONS OF SALE
Unless expressly modified and varied in writing, the following terms and conditions will apply and are
deemed to be accepted by the buyer by the purchase of the goods.
2. Terms of Payment
Payment for goods supplied under this Agreement shall be due and payable on the 20th
day of the month following the date of invoice.
The buyer will pay interest to the date of actual payment at the current overdraft rate of
the seller on any amount not paid within five (5) days of the date on which payment is
3. Ownership and Risk
Ownership of the goods shall be vested in the seller until the buyer has made payment
in full for all the goods supplied under this Agreement together with all interest and other
monies due and the Buyer hear by grants the Seller a security interest in all goods and
the Proceeds thereof supplied by the Seller to the Buyer now and at any time in the
future and in particular secures the obligation of the Buyer to pay the Seller the
purchase price of all the goods supplied by the Seller to the Buyer.
Until payment in full in terms of Clause 3.01:
All goods shall remain the sole and absolute property of the Seller.
The buyer acknowledges it retains possession of the goods in trust for
the seller as the beneficial owner.
The Buyer shall store the goods on its premises in such a manner as to
make them readily identifiable belonging to the Seller and shall display
such identification as may from time to time be requested by the Seller.
Upon the sale of all or any of the goods the proceeds of such sale shall
be the property of the Seller to be retained in trust by the Buyer for the
Seller and shall not be intermingled with any other monies or paid into
any overdrawn bank account and shall at all times be kept identifiable
as monies held on trust for the Seller.
The Buyer will “on demand”( as these words are defined in the Fifth
Schedule of the Chattels Transfer Act 1924) assign all proceeds of
such sale of any goods as referred to in Clause 3.02.4 above to the
Seller and will upon request disclose full details of sale and proceeds of
the sale to the Seller.
The Buyer will ensure that the Seller shall at all times have free and
complete access to the goods prior to payment for same, and should
payment of the goods not be made in accordance with Clause 2.01
above the Seller shall be entitled without notice to remove the goods,
without prejudice to any other remedies the Seller may have against
the Buyer for non-payment thereof.
If requested by the Seller the Buyer shall obtain a right of entry waiver
from the landlord of the Buyer’s premises recognising the buyer’s rights
Not withstanding anything else hearin contained the risk in the goods supplied under
this Agreement shall pass to the Buyer at the time of delivery
The Buyer acknowledges that the Seller may register a financing statement in respect
of the goods and the proceeds thereof and hearby waives the right to receive a copy of
the verification statement relating to such registration.
The Buyer acknowledges that the goods are acquired as inventory for the business of
the Buyer, that the Buyer has received valuable consideration from the Seller and the
attachment of the security interest will have occurred prior to the delivery of goods to
Goods are dispatched at “limited carrier’s risk” ( as those words are defined in Section *
of the Carriage of Goods Act 1979). Claims for loss or damage in transit should be
notified promptly to the freight company.
The Seller will not consider any account queries or any which are not raised by the
Buyer within fourteen (14) days from the date of invoice. Any queries made must quote
the relevant invoice number.
5 Personal Information
Personal Information – this statement relates to information about you which you have
now provided to DHS LTD (“the Company”) which the company may hold now or in the
The Company will ensure the information about you is held securely
and will not disclose it to any other person except for the purpose
described below or as authorised by you or when required or
authorised by law.
The Privacy Act 1993 gives you the right to see and correct the
For the purpose of opening and from time to time reviewing your
account with the Company, the Company may seek credit references
from any other person including your nominated banker, accountant,
solicitors and trade references, and other inquiries with in its normal
procedures. In the event that you or your company defaults in any
payment under your credit terms with the Company, the Company may
provide the relevant information to Credit Reference or Debt Collection
agencies, and by signing this form you authorise the Company to make
inquiries it considers necessary or to provide such relevant information
to Credit Reference or Debt Collection agencies.
By accepting these terms and conditions in your registration you confirm that you have read and
understood the statement of personal information rights and agree with
The Buyer accepts and acknowledges the above terms and conditions of sale.