Terms and Conditions
Terms and Conditions of Sale regarding Frozen Products
Application of Terms and Conditions
1. These conditions apply to all offers by and all orders to Seller for the sale of the Goods, and to all agreements with Seller with respect thereto.
2. The applicability of conditions of the Buyer is hereby expressly excluded.
3. Any and all future orders shall be deemed to be offers by the buyer to purchase goods pursuant to these terms and conditions unless the Seller shall amend these terms and conditions or notify the buyer to the contrary.
4. Any variation to these terms and conditions may only be made by writing by the seller and unless so made, shall have no effect.
5. Each and every clause, subclause and provision shall be separate and severable and enforceable accordingly and the invalidity of any clause or provision as aforesaid shall not affect the enforceability or validity of any other provision. If, for any reason whatsoever, any part of these conditions is invalid, parties will, in mutual consultation, provide a regulation in substitution for the invalid stipulation, the purport of
which shall be maintained to the maximum extent possible
Risk and transfer of ownership
1. Goods to be delivered by the Seller are at the risk of the Buyer from the moment the goods are deemed to be delivered as referred to in clause D3.
2. Unless expressly agreed otherwise, loading, dispatching or transport, unloading and insuring of the Goods to be delivered, takes place at the risk of the Buyer, even if these are handled by the Seller.
3. All Goods delivered by the Seller shall remain the property of the Seller until such time as the Buyer has paid in full all that which is owed to the Seller in connection with the underlying agreement regarding the sale of Goods and/or in connection with prior or subsequent agreements of the same nature, including damages, costs and interest. The Buyer has no right of retention with respect to these Goods.
G. Acceptance of Goods
The Buyer shall be deemed to have accepted the Goods if it has expressly notified the Seller of its acceptance or if the Buyer fails to notify the Seller in writing that it does not accept the Goods within 7 days after the Goods were picked up by or on behalf of the Buyer.