- 1. Acceptance: Verbal orders will be accepted by GRAFX SOFTWARE SOLUTIONS, however GRAFX SOFTWARE SOLUTIONS will not be liable for any loss resulting in any difference arising between the products delivered by GRAFX SOFTWARE SOLUTIONS and those ordered verbally by the buyer, unless a written confirmation of that verbal order is received by GRAFX SOFTWARE SOLUTIONS prior
to delivery. Such written confirmation must
be clearly marked "Confirmation only". Any duplication of orders which
takes place as a result of not stating "Confirmation only" will incur
a cancellation charge. No accepted order may be cancelled or rescheduled
except with the express written consent of GRAFX SOFTWARE SOLUTIONS
- 2. Prices: All prices are quoted exclusive of all taxes and transportation charges unless otherwise agreed by both parties.
- Value specified in the order, GRAFX SOFTWARE SOLUTIONS reserves
the right to increase prices to reflect such variations. GRAFX SOFTWARE SOLUTIONS reserves
the right to amend accidental errors or omissions.
- 3. Delivery: GRAFX SOFTWARE SOLUTIONS will
use reasonable endeavours to meet any estimated delivery date but will
not be liable for any loss or damage resulting from any delay whatsoever
caused. The risk of loss or damage to the products during transportation
from whatever cause shall be borne by the buyer. Any loss or damage
in transit should however be notified to GRAFX SOFTWARE SOLUTIONS in
writing within (3) three days of receipt and the products held for
inspection. Products shall be deemed accepted (3) three days after
delivery. Before returning products, the buyer must notify GRAFX SOFTWARE SOLUTIONS of
rejection and reasons therefore within such period. Goods returned
without prior notification and consent of GRAFX SOFTWARE SOLUTIONS will
be liable to a 10% handling charge. GRAFX SOFTWARE SOLUTIONS reserves
the right to dispatch and invoice all or any of the items ordered by
the buyer as soon as they are available and the buyer shall honour
all invoices presented in respect of such deliveries in accordance
with the settlement terms.
4. Terms of Payment: Payment terms are cash in advance, unless otherwise stated. All sales on terms are subject to the prior approval of GRAFX SOFTWARE SOLUTIONS Credit Department. The buyer shall be in default of payment without reminder. In the event of non-payment, GRAFX SOFTWARE SOLUTIONS reserves
the right to alter terms of payment, suspend credit and delay shipment
and pursue any remedies available at law or under this agreement.
The acceptance by GRAFX SOFTWARE SOLUTIONS of
any payment after the specified due date will not constitute a waiver
of the buyers obligation to made future payments on the specified
- 5. Retention of Title: Title in the products is rested in GRAFX SOFTWARE SOLUTIONS until
GRAFX SOFTWARE SOLUTIONS has
received the purchase price in full as well as any other payments due
to GRAFX SOFTWARE SOLUTIONS from
the buyer. So long as the property in the products remains in GRAFX SOFTWARE SOLUTIONS the buyer must keep the products free from any charge lieu
or encumbrance and mark the products conspicuously as being the property
of GRAFX SOFTWARE SOLUTIONS and ensure that such marking is not removed or obliterated
and if the buyer is in default in any obligation hereunder or is insolvent
or has a Receiver appointed over all or any of its assets GRAFX SOFTWARE SOLUTIONS
shall have the right (with or without prior notice to the buyer) to
retake possession of the goods (and for that purpose to go onto any
premises occupied by the buyer and sever the goods from anything they
are attached to without being responsible for any damage caused) (and
shall have the right and power to sell the goods without prejudice
to such other rights as the buyer may have). Such repossession shall
not constitute a recession or termination of the contract between GRAFX SOFTWARE SOLUTIONS and
the buyer unless GRAFX SOFTWARE SOLUTIONS expressly
elects to do so.
- 6. Cancellation: If the buyer cancels all or part of any order GRAFX SOFTWARE SOLUTIONS reserves
the right to make a cancellation charge not exceeding 50% of the order
- 7. Warranty: All warranties of whatever nature whether express implied statutory or otherwise are excluded from this contract. However GRAFX SOFTWARE SOLUTIONS will use reasonable endeavours to repair, replace or refund at its option any component which proves electrically defective subject to GRAFX SOFTWARE SOLUTIONS obtaining refunds or replacements from its own suppliers within a period of 12 months from the date of invoice unless otherwise stated on invoice.
- 8. Limitation of Liability: GRAFX SOFTWARE SOLUTIONS will not be liable for any damage, loss or injury of whatever nature whether direct or consequential arising out of or in connection with any goods supplied or resulting from the use or failure thereof.
- 9. Force Majeure: Without prejudice to its legal rights in respect in of any breach of contract by the buyer GRAFX SOFTWARE SOLUTIONS reserves the right to suspend deliveries or cancel or rescind any contract without liability on its part for any loss or damage resulting from such suspension or cancellation in the event of any breech of the buyers obligations thereunder or in the event of GRAFX SOFTWARE SOLUTIONS being prevented wholly from fulfilling its obligations thereunder by reason of any act of God, act of War, hostilities or any act of insurgency: act of Government, storm, fire, flood, strikes or lockouts, inevitable accident or other unforeseen circumstances beyond the control of GRAFX SOFTWARE SOLUTIONS
- 10. General: All rights and remedies, whether conferred hereunder, or by any other instrument of law will be cumulative and may be exercised singularly or concurrently. Failure by either party to enforce will not be deemed a waiver of future enforcement of that or any other term. These terms and conditions supersede all previous understandings (written or oral) between the parties regarding subject matter hereof. The invalidity of any one or more of the provisions of these terms and condition of sale shall not affect the validity of the remaining provisions.
- 11. Legal Construction: This contract shall be governed by and interpreted in accordance with European Law and shall predominate in so far as consistent with any conditions of the purchase.