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These Terms and Conditions apply to all goods supplied and/or work done by Borneo Fiberglass and override any terms and conditions referred to by the Customer
whether in negotiations or otherwise.
"The Goods" means the goods and/or services the subject of the Contract between the
Company and the Customer
"The Customer" means the person, firm or company purchasing the Goods.
Each delivery of Goods shall be deemed to be a separate Contract to which these Terms and
Conditions shall apply.
No stipulation, representation or warranty made or attempted to be made at any time by either
party to the Contract or by any person on behalf of such party shall vary, modify or
counteract these Terms and Conditions. No variation in these Terms and Conditions shall be
valid unless made in writing under the hand of a Director of the Company. In the event that
any part or parts of these conditions are held to be invalid such invalidity shall not alter the
validity of any other part or parts of the same and each Clause and each sub-clause shall be
capable of independent existence.
The Customer agrees to enter into the Contract in the course of its business and not as a
QUOTATIONS AND PRICES
Any quotation by the Company shall be valid for acceptance for 30 days and if not accepted
within this period shall be deemed to be withdrawn.
Quotations / Estimate will not be given for work based on rough Estimate or Definitions.
Quotations are based on current Supply of Goods or Production costs and are subject to
variation on or after acceptance to meet any recognized rise or fall in such costs.
Prices are calculated on the basis of Supply of Goods or Production costs of average
commercial work. Reproductions or Contract Variations involving additional work are
Faults revealed within 24 Hours will be corrected at no extra costs, but additional to the origin
will be charged at base rate.
The Company reserves the rights to sub-contract work and where the quotation given includes
an estimate or reserve in respect of the costs of a sub-contractor such estimate or reserve
whilst given in good faith is subject to formal confirmation and will not be binding upon the
Company unless and until ratified by the sub-contractor.
PAYMENT AND ADDITIONAL CHARGES
Payments shall be made at the Company's business address and is due 30 days after invoice.
The Company reserves the right to charge and be paid interest on all sums due from the
Customer at the rate of 1% from the date upon which payment is due until the date upon which it is received. Invoices are payable in full without set-off retention or counterclaim. The Company reserves the right to invoice Goods and Services upon delivery, regardless of whether other Goods or Services remain outstanding or not.
In the event of the Company incurring additional expense not provided for in any quotation as
a result of the occurrence of any of the following, such additional expense shall be added to
the price; variation and/or alteration of instructions and/or details and/or a failure by the
Customer or its representative to provide the same.
The price is subject to delivery charges, applied at prevailing rate
Time for delivery is stated as accurately as possible but is not guaranteed and is subject to
extension to cover delays caused by events beyond the Company's control. In no case shall
time be the essence of the Contract.
Contracts and deliveries may be suspended in the event of any strike, lock-out, trade dispute,
fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, force major or
other occurrence preventing or retarding the processing or delivery of the Goods and no
responsibility shall attach to the Company for any delay, default, loss or damage due to any of
these causes or for any damage in transit or at the works of the Company or to any other
cause beyond the control of the Company whether in respect of contracts or deliveries or the
safe custody or articles deposited with the Company.
If the Customer desires to be protected against the risks specified in this clause or any of them
he shall on or before the date of the Contract, request the Company to be protected
accordingly and shall pay the premium payable on any policy to be affected in consequence.
DEFECTS IN QUALITY/QUANTITY
Every care is taken in the preparation of the Goods but it is the responsibility of the Customer
to check them immediately upon receipt to ensure that they comply with the Customer's
instructions in every respect.
No responsibility will be accepted for errors in Production passed by the Customer. If the
Customer alleges that the Goods do not conform to the Customer's order whether as to
content quality or quantity it shall notify the company within twenty four hours of delivery by
letter, or facsimile transmission of such allegation and the failure to make such notification
shall be deemed to be conclusive evidence of the conformity of the Goods to the Customer's
order in every respect.
The Company's liability for defects in the goods shall be limited to the replacement by the
Company of the goods at no cost to the Customer, PROVIDED THAT such defect is notified
in accordance with clause 6(a) and clause 6(b) hereof. The Company shall not be liable for
consequential loss or damage of whatever nature arising out of such defects.
6a. In any event the liability of the Company for defects in the Goods shall be limited to a
sum equivalent to the invoice price of the goods in respect of which any claim is made against
6b. In the event of the Company requiring increased cover against the risk of any loss in
excess of the limitations of liability contained herein or cover against consequential loss or
damage, the Company will be pleased to submit a revised price for the goods provided that
the Customer's requirement is indicated in writing on or before the date of the Contract.
Should delivery of the goods be required in less than the normal time requisite for their
proper production, every effort will be made to secure freedom from defects but reasonable
allowance shall be made by the Customer in such case.
RISK AND TITLE
The risk in the goods shall pass to the Buyer upon delivery. Where the goods are collected by
or on behalf of the Buyer or its agents from the premises of the Seller, the risk shall pass to
the Buyer at the time the goods are handed over to the Buyer or its agents.
The property in the goods shall not pass to the Purchaser until they have been paid for in full.
If nevertheless, the Buyer sells the goods before they have been paid for in full, he shall hold
the proceeds of such sale (or, where he has made partial payment to the Seller for the goods,
such of the proceeds as are equal to the sum remaining due from him to the Seller for the
goods) on trust for the Seller.
OWNERSHIP OF PRODUCT AND GOODS
All products/Goods produced or originated during the course of production of the Goods,
shall remain the property of the Company who reserves the right to dispose of the same three
months after completion of the order. At the request of the Customer this period may be
extended and a charge will be made for this service on a monthly basis. Whilst every care is
taken to keep these materials in good condition the Company accepts no liability for damage
or loss of any kind. The Company shall be prepared to negotiate with the Customer for the
sale of such materials at any time during the period mentioned in this clause.
Title to Goods supplied under this Agreement (including without limitation title to the
Equipment) shall pass to the Customer on receipt by Borneo fiberglass in full and cleared funds of ALL amounts payable under this agreement,
whether or not payment of any such sum shall have become lawfully due.