Terms & Conditions
The contract for the sale of ColorBond roofing Sheets by Raincoat Roofing Systems is made upon and subject to the following terms and conditions unless expressly altered, amended or added to by arrangement in writing:
1.1 An order placed by a customer (“CUSTOMER”) is subject to these conditions of sale unless otherwise expressly agreed to in writing by Raincoat Roofing Systems Ltd.
2.1 This estimate is valid provided the roof is fixed within 90 days of the issued date noted on the estimate.
3. TRADING TERMS
3.1 Terms are strictly cash before delivery unless either:
(a) Prior credit arrangements have been made strictly in accordance with the Company’s Credit policy; or
4. CREDIT POLICY
4.1 The Company’s Credit Policy is payment by the end of the month immediately following the month of delivery.
4.2 The Customer shall not in any circumstances withhold payment of the estimated price at the time it is to be paid under these conditions on the basis that the total supply and fixing of the roofs has not been completed as at the date required for payment and the customer hereby waives any right in that regard in favour of the Company
5.1 Failure to comply with any of the agreed terms of payment shall constitute a breach of contract and the Company may treat the whole contract as repudiated.
5.2 The Company may refuse to deliver further goods to the Customer until such time as the Customer has remedied its default under this clause and such refusal is without prejudice to any other rights the Company may have.
6.1 The Company shall not be liable for damages in respect of consequential damage or loss to person or property arising out of alleged defects in the goods or workmanship supplied.
7.1 Where roofs or other goods are delivered to vacant or unattended sites and a receipt for delivery cannot be obtained by the Company’s carrier, the Customer accepts responsibility for any shortages that may arise.
7.2 In the event that the Company is only able to deliver part of the goods ordered, the Customer agrees to accept the goods delivered and to effect payment when due of that proportion of the purchase price which is applicable.
7.3 The estimate assumes that the stacking of the roofs can be effected within 8 metres of the building being constructed on the site. Should this not be possible, all costs incurred will be to the Customers account.
8.1 Property in all of the roof and other materials supplied pursuant to these conditions shall pass to the Customer when full payment has been received by the Company or on attachment to other goods or on the sale of the goods in the ordinary course of trade, whichever occurs first.
8.2 Until property passes to the Customer, the Customer acknowledges that it is in possession of each unit of the goods solely as bailee for the Company and in that capacity shall store the goods separately from the Customer’s own goods or those of any other person and in a manner that renders the goods clearly identifiable as goods of the Company and maintains the state and condition in which the goods were received.
8.3 The Company may, without prejudice to any of its rights and without previous notice, retake and resume possession of all goods which remain the property of the Company and may for that purpose by its servants and agents enter upon the Customer’s premises or any other place where goods may be upon the occurrence of one of the following events:
(a) The Customer commences to be wound up or is placed under official management or a receiver is appointed or an encumbrancee takes possession of its undertaking or property or any part thereof; or
(b) The Customer becomes insolvent or bankrupt or commits an act of bankruptcy or makes an assignment for the benefit or a creditor; or
(c) The Customer fails to pay the whole or part of the purchase price or transport or other charges for any unit of the goods supplied under these conditions when due and payable; or
(d) The Customer is in breach of any other of these terms and conditions.
9 . PRODUCT/SERVICE WARRANTY
9.1 The Company warrants that the roofs supplied conform to the requirements of Ghana Standards Specification . This warranty shall not give rise to any claim by a customer other than those provided for in these conditions.
9.2 The Company agrees to make good any defect in the fixing of the roofs directly resulting from faulty workmanship. Please refer to our Product Warranty for full details.
10. FORCE MAJEURE
11.1 The Company shall not be liable for any failure to perform or delay in performance of the contract due to strikes, fire, explosions, floods, riots, lockouts, injunction, interruption of transport, accidents, inability to obtain supplies, war, governmental action or other circumstances beyond the Company’s control.
11.1 It is the sole responsibility of the customer to check the accuracy of the dimensions and details shown on the estimate. Any costs incurred due to a discrepancy between the estimate and the actual structure will be charged to the customer at the same rate as used for calculation of the estimate.
12.1 The Company agrees to supply goods and services to the Customer subject to the Company being satisfied as to the Customer’s ability to pay within the agreed terms. If the Company is not so satisfied then it may suspend performance and terminate any agreement.
12.2 The Company shall not be liable for any damage or loss caused to the Customer arising out of suspension and termination referred to in Clause 12.1.
12.3 The Customer shall immediately pay the Company all monies owing to it upon any suspension or termination of any agreement by the Company.
13.1 No claim for damage to the building, property or surrounds will be considered unless the Company is advised in writing within 7 days of the damage occurring