Definitions:
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In
these Conditions – “CONDITION” means the
condition of sale or contract. “Abweb”
means Abweb Ltd.THE
CLIENT” means any person, firm or company to whom Abweb
has agreed to sell Goods or supply Services or wishes to purchase goods
or services from Abweb.“GOODS
AND SERVICES” means any Goods or Services agreed to be sold
or supplied by Abweb to the client and Goods shall include, but
without limitation, any Product or item supplied by Abweb and Services
shall include, but without limitation, the installation, delivery,
testing and commissioning of any Product or item supplied by Abweb.“PRODUCT”
means anything that is manufactured by the company or sold by the
company. “ITEM”
means anything that is supplied by Abweb, which is not manufactured by
the company.
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Terms and Conditions of Contract / Sale:
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Abweb
agrees to do business with the client only upon the terms and
conditions set out herein, or in any written tender / offer prepared by
Abweb to the client. Such terms and conditions shall prevail
notwithstanding any printed or other conditions proposed by the client.
No other agreement, representation, promise, undertaking or
understanding of any kind unless accepted in writing by a duly
authorised representative of Abweb shall alter, vary, supersede or
operate as a waiver of these terms and conditions.
If
any conditions are waived by Abweb the rest of the conditions shall
remain in force.
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Specifications:
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A. If
Goods are supplied in accordance with the Client’s
Specifications (“the Specifications”), the Client
shall be solely responsible for the Specifications and ensuring they
are accurate.
B. The
Client shall be responsible for supplying the Specifications within a
sufficient time to enable the company to perform the Contract in
accordance with its terms.
C. The
Specifications and designs of Abweb, which without prejudice to the
generality of the foregoing shall include illustrations, drawings,
weights and dimensions are, unless expressly stated otherwise, subject
to modification or improvement and must be regarded as approximate. |
Price:
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a) All
prices charged by Sturdy are payable strictly net and are quoted
exclusive of VAT
b) All
prices stated shall be subject to variation at the sole discretion of
Abweb at any time without prior notice,
Abweb shall notify the Client of any variation before delivery of the
Goods.
c) The client shall pay the price for the goods or for the
provision of the Services promptly and without deduction within 30 days
of an invoice in respect of the same having being rendered on terms
agreed by Abweb with the client.
d) Without
prejudice to paragraph a) and b) of this clause where the contract
relates to Goods or Services the subject of a
Abweb tender, the price shall be paid on the following basis:-
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Abweb
tender, the price shall be paid on the following basis:-
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1) At
the time the client submits an order for Goods and/or Services: 10% of
the total contract price.
2) At any
time or times between the date of submission of an
order and the date of our practical completion of work: a sum or sums
in respect of expenses already incurred or goods supplied together
amounting to a maximum of 75% of the total contract price, bringing
total paid on practical completion of the work to 85%.
3) One
month after the time of practical completion of
contract, the remaining 15% of the total contract price.
e)
Subject to clause d), the contract price shall be subject to variation
by the following escalation clause, this is our method to reflect
changes in cost of labour, materials and all other costs and expenses,
including taxes of all kinds incurred between:
(i) (x) The date of any Abweb tender or, where such tender so
provides, the basic date mentioned therein or, in cases where there has
been no Abweb tender.
(y) The offer date; and
(ii) The date of completion of work by Abweb.
The escalation clause shall be applied as:
PI
= PO (10 + 50 MI + 40 WI)
100 MO WO
PI= New price
PO= Tender price.
MI= Basic Industry raw material at time of purchase of
materials
MO= Basic Industry raw material price at time of tender
WI= Operatives rate of wages and/or allowances at time of
manufacture in accordance with recognised agreement.
WO= Operatives rates of wages and/or allowances at time of
tender in accordance with recognised agreement.
Without prejudice to the generality of the foregoing Abweb
shall also be entitled to recover from the Client by way of increased
price, any Government Levy or surcharge imposed between the dates in
(i) and (ii) above.
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