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Terms of payment
are Nett Monthly account, ie payment to be made within 30 days from
the end of the calendar month during which the goods were invoiced,
unless otherwise agreed. If payment is not made Pressco Precision
Engineering, without prejudice to any rights it may have, shall be
entitled to suspend any further deliveries to the Buyer.
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Title of goods
supplied shall not pass to the Buyer and the goods shall remain the
absolute property of the Seller until payment has been made of the
full contract price. This condition is immutable and not negated by
any Conditions of Purchase. Acceptance of the goods constitutes
agreement as defined only by Pressco Precision Engineering
Conditions of Sale.
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In case of non
payment by the due date of the Buyer having a liquidation order made
against him, or having a receiver appointed of assets, or part
thereof, the Seller shall be entitled to repossess or trace the
goods, or the proceeds of sale from the customer, liquidator or
receiver.
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In the
circumstances specified in 3 above, the Seller shall be entitled
immediately after giving notice of his intention to do so, enter
upon the premises of the Buyer with such transport as may be
necessary and repossess any goods to which he has title hereunder.
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Until all sums
due to Pressco Precision Engineering have been paid in full, Pressco
Precision Engineering shall be entitled to exercise a lien over all
moulds and other goods belonging to the Company.
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Orders may be
cancelled only with the written consent of Pressco Precision
Engineering. The Buyer will be liable for the cost of the parts
manufactured or as a percentage if the components are in the course
of manufacture, including raw material and labour.
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The goods shall
be at the Buyer's risk at the point of delivery or when they are
placed at the Buyer's disposal if earlier.
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No representation
or warranty is given to the suitability of the goods for any
particular purpose and the Buyer shall be responsible for
ascertaining whether the goods are suitable and fit for the Buyer's
purpose.
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The Buyer shall
inspect the goods on receipt and any claim by the Buyer which is
based on any shortage or defect in the quality or condition of the
goods or their failure to correspond to satisfaction, shall be
notified to the Seller in writing within 7 days from the date of
delivery.
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No liability will
be accepted by the Seller should goods be processed with the users
knowledge that the goods are not performing to an acceptable level.
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The Seller will
not be liable to the Buyer for any consequential loss or damage
whatsoever which arises out of or in connection with the supply of
the goods or their use or resale by the Buyer.