1. The goods described overleaf must be paid for in full.
2. All goods supplied by Scart Enterprises Ltd., (hereinafter called the "Seller", which expression shall include its servants or agents) to its customer shall remain the property of the Seller until all amounts outstanding in relation to the said goods, have been paid, or otherwise satisfied in full by the customer.
(a) Until the date of payment or other satisfaction, the customer shall: (i) Store goods in such a way, as they are clearly identifiable as the property of the seller. (ii) Hold same as bailee for the Seller and as such shall be bound by all the fiduciary obligations arising out of such bailment.
(b) Notwithstanding the foregoing, the customer shall be entitled to sell the goods but the customer, in its fiduciary capacity as bailee, shall be bound to account fully to the Seller in respect of the proceeds of sale thereof and shall be bound to open a separate account in respect of the said proceeds so as to keep the same segregated. The said duty to account is absolute and shall arise in every resale of goods supplied by the Seller to the customer and shall not be deemed to be waived whether the resale should occur within the period of credit granted by the Seller or otherwise.
(c) The Seller reserves the right to repossess any goods sold hereunder to the customer in respect of which payment is overdue and thereafter resell the same. For this purpose the customer hereby grants an irrevocable right and licence to the Seller through it's servants or agents to enter with or without vehicles upon all or any premises on which such goods may be and remove same.
(d) Notwithstanding the foregoing, the risk in the goods shall pass to the customer on delivery of the goods.
3. When the customer proposes to purchase goods through or with assistance of a Hire Company, the Seller will give every- assistance but will not in any way be liable for his application if not accepted. In these cases and provided no other satisfactory arrangements for payments can be made the Seller will return to the customer the deposit paid less any expenses incurred by it.
4. The Seller will make every effort to effect delivery of the goods on the day required by the customer but delivery on a specified date cannot be guaranteed. The customer hereby agrees and admits that no liability whatever shall attach to the Seller for any consequential loss or damage of any kind caused to the customer by non-delivery.
5. Orders accepted based on prices as quoted on this website.
6. If for any reason the Seller cannot procure the goods ordered by the customer it shall be at liberty to return any monies and declare the Contract to be at an end without any further liability on its part.
7. Delivery of the goods shall be taken at the Seller's premises unless otherwise agreed and noted on this Contract.
8. The customer shall inspect the goods immediately on the delivery there-of and shall within 7 days from such inspection give notice in writing to the Seller of any matter or thing by reason where of he alleges that the goods are defective or not in accordance with the Contract. If the customer shall fail to give such notice the goods shall be deemed to be in all respects free of defect and in accordance with the Contract and the customer shall be bound to accept and pay for the same accordingly.
9. Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expenses, whatsoever arising directly or indirectly from defects, but such goods, (providing due notice has been given to the Seller in accordance with the terms of the preceding paragraph) if returned to the Seller and accepted by it as defective, will at the request of the customer and if practicable be replaced as originally ordered.
10. If the customer shall fail to take delivery of the goods within 21 days of being notified by the Seller that it is ready for collection the Seller shall be at liberty to treat the Contract as repudiated by the customer and there upon any monies paid shall be forfeited and retained by the Seller as and for liquidated damages without prejudice to any right of action the Seller may have against the customer.
11. The customer acknowledges that he has not been induced to enter into this contract (which expression shall include any Hire Purchase Agreement entered into to complete this transaction) by reason of any verbal representations, warranties, guarantees or conditions collateral or otherwise given or made on behalf of the Seller.
12. (a) It is hereby expressly agreed by the Parties hereto that the Seller if required will assist the customer to obtain such warranty or guarantee, if any as the manufacturer or concessionaire may be prepared to give but no obligation on the Seller shall be implied thereto.
(b) Save and except in this paragraph provided and subject to sub-paragraphs (c) and (d) hereof all guarantees warranties or conditions (including any conditions as to quality or fitness for any particular purpose) whether expressed or implied by Statute, Common Law or otherwise are hereby excluded.
(c) Subject to paragraph (d) hereof the Seller makes no warranty or representation as to the quality or fitness of any goods supplied hereunder for a particular purpose unless such warranty or representation has been expressly stated in writing by the Seller and the Seller shall not as and from the date of delivery be responsible to the customer or to any other person for damage, injury, illness, or loss of any kind whatsoever (including loss of profits or consequential damages) to any property or persons caused directly or indirectly by the goods supplied, advice given or any act or omission by the Seller shall indemnify the Seller in respect of all claims made by any person against the Seller in respect of such damage, injury, illness or loss.
(d)The exemptions from the provisions of sections 13,14 and 15 of the Sale of Goods Act 1893 ("the 1893 Act") (as inserted by section 10 of the Sale of Goods and Supply of Services Act 1980) ("the 1980 Act") contained in paragraph (b) thereof shall, in all cases other than a contract for the international sale of goods as defined in the 1980 Act, be subject to the restrictions on such exemptions contained in Section 55 (4) of the 1983 Act (as inserted by Section 22 of the 1980 Act).
13. Any notice given hereunder may be served personally or be left at the residence or business of the person to whom it is addressed, or may be sent by post, in which case notice shall be deemed to have been received in due course of post.