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Goods” means the general hardware merchandise sold by the Supplier and includes:
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all Goods of the general description specified on the front of this Application and supplied or financed by the Supplierto the Customer; and
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All Goods supplied or financed by the Supplier to the Customer; and
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all inventory of the Customer that is supplied or financed by the Supplier; and
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all Goods supplied or financed by the Supplier and further identified in any invoicissued by the Supplier to the Customer, which invoices are deemed to be incorporated into and form part of these Conditions of Sale; and
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all Goods that are marked as having been supplied or financed by the Supplier or that are stored by the Customer in a manner that enables them to be identified as having been supplied or financed by the Supplier.
The above descriptions may overlap but each is independent of and does not limit the others
"Supplier" means Krupesh Merchandise Ltd
The price of the Goods will be the price ruling at the date of delivery. The Supplier reserves theright to pass on to the Customer any changes in price which arise from circumstances beyond the Supplier’s control.
The supplier will include a printed invoice copy with all goods shipped and an electronic copy ofthe invoice will also be forwarded to the customer’s nominated email address
Payment shall be made without any deductions on the 20th day of the month, following date of delivery of the Goods. No payment shall be withheld on the basis of any claim set off or otherwise.
The Supplier may in its discretion allocate any payment received from the Customer towards any invoice that the Supplier determines and may do so at the time of receipt or at any time after ward sand on any default by the Customer under these Conditions of Sale may reallocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier payments shall be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s purchase money security interests in Goods.
If payment is not made on due date, then:
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The Customer shall be in default, and the Supplier may exercise all rights available to it at law or in equity against a defaulting Customer.
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There shall be due and payment, by the Customer, interest on the moneys in default, at the rate of 2% per month, payable on a duty basis from due date of payment.
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The Customer shall be liable for all expenses and legal costs incurred by the Supplier as a result of the default.
Any claim must be made within 7 days of delivery
Ownership of the Goods shall not pass to the Customer until the Customer has paid all that is owingto the Supplier.
Until all sums owing by the Customer to the Supplier have been paid in full and whether or not titlehas passed to the Customer the Supplier shall have a security interest in all Goods..
Where any Goods that the Customer has sold are returned to the Customer the Supplier shall have asecurity interest in the returned Goods.
The Supplier shall be entitled without prejudice to any other rights and remedies it my have at law or in equity to terminate any or every agreement between itself and the Customer or to suspend any further deliveries under any or every such agreement upon the happening of any of the following events (“Default Events”):.
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non-payment of any sum owing by the Customer to the Supplier by the due date;.
If payment is not made on due date, then:
- occurrence of any event which would entitle a creditor to petition for liquidation or bankruptcy of the Customer;
- filing of a petition for liquidation or bankruptcy of the Customer;.
- appointment of a receiver and/or manager of the Customer;
- the passing of a resolution for voluntary liquidation by the Customer;
- any approach by the Customer to creditors to extend time for or otherwisecompromise payment of the Customer’s debts;
- the seizure of Goods by any other creditor of the Customer or any other creditorintimates that it intends to seize Goods;
- any Goods in the possession of the Customer are materially damaged while any sumdue from the Customer to the Supplier remains unpaid;
- a landlord distrains against any of the Customer’s assets;
- a court judgment is entered against the Customer and remains unsatisfied for 7 days;
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any material adverse change occurs in the financial position of the Customer
The Customer gives irrevocable authority to the Supplier to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after a Default Event has occurred or beforehand if the Supplier believes a Default Event is likely to occur and to remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated.;
The Supplier shall not be liable for costs, damages, expenses or losses incurred by the Customer or any third party as a result of the Supplier’s actions nor liable in contact or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded
The Supplier may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoiced value thereof less such sum as the Supplier reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profits and costs
Where Goods are retained by the Supplier the Customer waives the right to receive notice under Section 120 of the Personal Property Securities Act 1999 (PPSA) and to object under Section 121 PPSA.
No waiver by the Supplier in respect of any breach shall operate as a waiver in respect of any subsequent breach.;
The Customer waives the right to receive a verification statement and/or a financing change statement under Section 148 Personal Property Securities Act 1999.
The Customer is permitted to sell Goods in respect of which the Supplier has retained ownership or in which the Supplier has a security interest by way of bona fide sale of inventory by the Customer in the Customer’s ordinary course of business.
The proceeds of sale of Goods shall if the Supplier so requires be paid into a separate account and held in trust for the Supplier
Krupesh Merchandise Limited reserves the right to close a monthly trading account should acustomer fail to spend $2,000.00 p.a
The Customer shall notify the Supplier in writing no later than 7 days following any change of theCustomer’s name and such notification shall accompanied by documentary evidence of theCustomer’s new name.