Terms and Conditions of Sale of Mike’s Chainsaws & Outdoor Power Ltd
a.Unless accepted by the company in writing no variation or modification of these Terms and
Conditions will bind the Company.
b. “Company” means Mike’s Chainsaws & Outdoor Power Ltd
c. “Customer” means the party placing the order to purchase the goods.
d. Words importing the singular shall include the plural and vice versa
e. Any obligation not to do anything shall be deemed to include an obligation not to suffer permit
of or cause that thing to be done
a.A contract to purchase or demonstrate goods will exist upon acceptance by the Company of
the Customers order.
b. An order may be made by the Customer orally or in writing and upon acceptance by the
Company shall incorporate these terms and conditions.
a.Unless otherwise agreed by the Company in writing, all orders must be paid for in full on
b. If the Company grants credit to the Customer the terms of such credit shall be payment in full
without deduction by way of set off, counter claim or other, on or before the 20th day of the month
following the date of invoice.
c. If payment in full is not received on due date the Company may:
i repossess the goods as per clause five (5) herein
ii withdraw any credit arrangement
iii charge the Customer interest on all monies outstanding to the Company
(including monies owed from previous orders) at the rate of five (5) per cent per month
from the due date for payment until paid
iv charge the Customer all expense and legal costs incurred by the Company as a result of
the Customer’s default
4. Deliveries and Return of Goods
a. The Customer’s order shall indicate the place for delivery of the goods and delivery shall be
completed upon arrival of the goods at the place specified by the Customer
b. The Company will use its best endeavours to deliver goods on the date/s
requested by the Customer but shall have no liability whatsoever if unable for any reason to do
c. The return of goods shall be at the Company’s sole discretion.
d. Risk in the goods shall pass to the Customer upon delivery.
5. Title to the Goods
a. Ownership in the goods sold shall not pass to the Customer until the Customer has paid all
monies owing to the Company
b.Until ownership passes, the Customer agrees the Company is permitted at any time to enter
into or onto the Customer’s premises or land to inspect and/or repossess the goods.
c. The Company shall be entitled to repossess the goods at any time after:
i. the due date for payment of any of the goods
ii. the commencement of winding up, liquidation or insolvency of the Customer .
iii. an act of bankruptcy is committed by the Customer
iv. any attempt is made by the Customer to enter into a scheme of arrangement for
payment of creditors.
a. The Company’s liability for any loss, damage or injury arising directly or indirectly from any
defect or non-compliance in the goods or any other
breach of the Company’s obligations herein, shall be limited to the manufacturer’s warranty on
such goods. The Company itself shall have no liability whatsoever.
b. The Company will not be liable for any consequential, indirect or special damages or loss of
any kind whatsoever to the Customer nor loss to the Customer’s servants, agents or purchasers
for any loss, damage or injury arising from any defect or non-compliance of the goods.
c. The Customer indemnifies the Company against all & any claims by the Customer’s servants,
agents, purchasers or other persons with respect to any loss damage or injury arising from any
defect or non-compliance of the goods.