THE CUSTOMER IS DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS OF SALE HEREIN ENDORSED BEFORE CONTRACTING THE PURCHASE.
WARRANTIES
The Company warrants that the goods supplied shall be of merchantable quality. All goods are supplied subject to this warranty only. Any liability incurred by
the Company to the customer is limited to the replacement of the goods or (at the option of the Company) refund of the price paid by the customer and in particular
does not extend to consequential loss and is conditional upon the customer within 30 days of delivery making a written claim to the Company setting out the full
particulars of such claim and where possible returning to it sufficient part of the goods to enable a proper examination.
PRICE
The price charged shall be the price ruling at the date of delivery unless otherwise agreed in writing. Any price indications or price lists are subject to alteration
to price ruling at the Delivery Date.
CREDIT TERMS
This credit is extended on the basis of the agreement reached with the customer that full settlement will be effected within the period mentioned in the
Invoice. In default of payment within the time stipulated the Company reserves the right to recover interest on the amount outstanding at the rate payable by the
Company to its overdraft.
TERMS OF DELIVERY
When the sale is ex-godown the Customer must take delivery at his own cost and risk at the Company’s appropriate godown. If a delivery Order is not
executed in full for any reason whatsoever, credit will be issued for the unexecuted items and the Delivery order will be invalidated.
DAMAGE OR SHORTAGE
Any damage to the goods, shortage or defects in the goods, must be brought to the notice of the Company at or before delivery.
NO CLAIMS AFTER DELIVERY
The Customer will be deemed to have examined and accepted the goods when he takes delivery thereof and accordingly the Company will not thereafter
entertain any claim whatsoever in respect of the goods or otherwise.
VALIDITYOF DELIVERYORDER
An ex-godown Delivery Order entitles the Customer to take delivery within a period of thirty days computed from the date of such Delivery Order. In the event
delivery is not taken within the specified period, no delivery will be made unless the Delivery Order is revalidated.
COMPANY’S RIGHT TO CANCEL DELIVERY
The Company reserves the right to cancel without notice a Delivery Order.
COMPANY NOT RESPONSIBLE FOR DELIVERYTO WRONG PARTY
The Customer must ensure that Delivery Order does not fall into the hands of an unauthorised person as the Company’s godown keeper has been instructed
to deliver goods on the production of the Delivery Order. The Company accordingly accepts no responsibility whatsoever for delivery to a wrong party or an
unauthorised person on production of the Delivery Order.
LOSS OR MISPLACED DELIVERYORDER
If the Customer has lost or misplaced the Delivery Order the Company may at the request of the Customer (provided delivery has not already been made
against the original delivery Order thus lost or misplaced) issue a duplicate Delivery Order on the Customer furnishing an Indemnity (in a form acceptable to the
Company) against all damage, cost and expense which the Company may incur by reason of the issue of the duplicate order or otherwise.
BREACH
Time being the essence of the Contract, if the Customer fails to take delivery within the stipulated time or fails to pay the price within the stipulated time, the
Company is entitled at its option to treat any such failure as a breach of the Contract without prejudice however, to the Company’s rights against the Customer
under the Contract.
FORCE MAJEURE
The execution of this Contract or any part thereof is subject to causes of circumstances beyond the control of the company such as for example orders of the
Government of Sri Lanka shipping delays, non-availability of goods restricted supply, war (whether declared or not), Acts of God or the enemies of the
Government of Sri Lanka, strikes, lockouts, riots, civil commotion, civil or political disturbances.
Any failure or delay occasioned by reason of Force Majeure as aforesaid shall not entitled the Customer to cancel the Contract or to claim any damage or
compensation whatsoever from the Company.
DISPUTE RESOLUTION
This contract shall be governed by the laws of Sri Lanka and all disputes or differences between the Company and the Customer relative to the subject
matter of this contract or incidental to this contract shall be referred to litigation.
PLEASE PRESENT THE DELIVERY ORDER TOGETHER WITH THE ATTACHED COPY OF INVOICE TO THE STOREKEEPER AT THE STORE INDICATED ON THE DELIVERYORDER BETWEEN 8.45 A.M. TO 12.30 P.M. & 1.15 P.M. TO 4.15 P.M. ON ANYWORKING DAYAND 8.45 A.M. TO 12.30 P.M. ON SATURDAYS. THE STORES IS NORMALLY CLOSED ON SUNDAYS AND ALL MERCANTILE HOLIDAYS.
