The Customer agrees to make payment for goods and services supplied by Future Computers upon the basis set out in the credit application accepted by Future Computers and as referred to in this document.
In the event that the Customer is a company or trustee of a trust, the Customer shall provide guarantees from the directors of the company or trustees in their personal capacity in a form satisfactory to Future Computers.
The terms of credit shall be automatically suspended if the credit limit or payment terms are exceeded and all sums unpaid shall become due and payable immediately upon demand.
The Customer shall pay interest on all sums of money outstanding beyond the terms of credit at the rate of three per cent above the interest rate charged from time to time by Future Computers banker on any overdraft facility provided to Future Computers.
- No Agency
The Customer shall not represent itself as the agent of Future Computers and shall have no power to commit Future Computers with respect to any transaction with any person or entity.
Future Computers shall be entitled to immediately retake possession of the goods in the event of the terms of credit or any provision of this document not being complied with, or in the event of any receiver or manager being appointed with respect to the Customer or its business, or the Customer being subject to either a bankruptcy or liquidation application. The Customer shall be responsible for the costs of removal by Future Computers of the goods and hereby authorises Future Computers, its directors servants or agents to enter any premises the Customer may occupy or control to remove the goods supplied by Future Computers.
In addition to any warranties that are implied by law, Future Computers warrants to the Customer that the goods supplied by it are free from any defects in workmanship and materials. A claim under warranty must be notified to Future Computers in writing within ninety days of the goods delivery date.
Unless otherwise stated, prices for the goods and services may vary and do not include freight, insurance, goods and services tax or any duties, levies or other incidental costs, which shall also be payable by the Customer.
- Payment Terms
Payment for machines, equipment (including software) and for all other goods and services is due within seven (7) days from the date of invoice unless otherwise specified in the “trading Terms” section of the invoice.
Future Computers will arrange delivery of goods to nominated premises at the Customer’s request and expense. The Customer is solely responsible for transport and delivery costs of the provision of goods and services by Future Computers.
Installation of machines and equipment is to be performed by Future Computers at the nominated premises. Such premises must meet Future Computers site specifications at the Customer’s expense.
The Customer must notify Future Computers in writing within seven days of any claim for defective Goods or any delivery shortfall. Future Computers may accept such claims and issue a credit, in respect of unrequired consumables, however a credit will only be issued when they are returned in a saleable condition unopened in their original packaging.
- Property Rights
The sale of the Goods does not include nor convey any intellectual property to the Customer such as copyright, trademarks, designs, patents or similar and are not transferrable.
Future Computers may postpone or cancel any obligations or agreements to supply goods or services or delay payment in the event of force majeure.
Liability of Future Computers to the Customer in respect of any goods or related services shall never include liability for any losses or damages in the nature of consequential losses, economic losses, losses of profit, losses of or liabilities to third parties, losses from disruption to business activities or any damages of any nature whatsoever relating to these losses whether caused by the neglect, breach or default of Future Computers or any of its employees or agents.
- It is expressly agreed and declared that the title of the goods shall not pass to the Customer until payment in full of the purchase price. The Customer shall in the meantime take custody of the goods and retain them as the fiduciary agent and bailee of Future Computers.
- The Customer may resell the goods but only as a fiduciary agent of Future Computers. Any right to bind Future Computers to any liability to any third party by contract or otherwise is however expressly negative. Any such resale is to be at arm’s length and on market terms and pending resale the goods are to be kept separate from the customer’s goods, clearly identified, properly stored, protected and insured.
- The Customer will receive all proceeds whether tangible or intangible, direct or indirect of any dealing with such goods in trust for Future Computers and will keep such proceeds in a separate account until the liability to Future Computers shall have been discharged.
- Future Computers is to have power to appropriate payments to such goods and accounts as it thinks fit notwithstanding any appropriation by the Customer to the contrary.
- In the event that the Customer uses the goods in some manufacturing or construction process of its own or some third party then the Customer shall hold such part of the proceed of such manufacturing or construction process as relates to the goods in trust for Future Computers. Such part shall be deemed to equal in dollar terms the amount owing by the Customer to Future Computers at the time of the receipt of such proceeds.
All risk in the goods shall pass from Future Computers upon delivery to the Customer.
The credit account may be terminated by either the Customer or Future Computers on three (3) months notice given in writing to the other.