TERMS AND CONDITIONS OF SALE 

1. In these conditions the following definitions shall apply: “Seller” means Capil’s and Company Limited. “Buyer” means the consignee named on the front page hereof. “Goods” means the articles or things or any of them described on the front page hereof. 

2. Any variation of these conditions in any document of the Buyer is inapplicable unless accepted in writing by the seller. 

3. Buyer should check the goods thoroughly at the time of delivery to ensure that they are of merchantable quality. By accepting delivery of the goods the Buyer accepts that the goods are of merchantable quality. 

4. Goods may only be returned for cash, exchange or credit if they are found not to be of merchantable quality. The seller makes no representation that the goods are fit for any particular purpose. 

5. If a purchaser wishes to return goods, which are of merchantable quality, they must make a request and it is in the absolute discretion of the General Manager only to permit same. If granted, the return will then be on condition that there is a 10% restocking fee. 

6. The Seller shall not be liable for any consequential loss or damage to the Buyer in respect of, or by reason of, the goods. 

7. In the event that any of the goods are returned to the Buyer for servicing or inspection with a view to effecting repair, the Buyer shall be liable for the cost of the service or inspection as well as the cost of repair. 

8. No failure or neglect by the Seller to enforce any right hereunder shall operate as a general waiver thereof nor prejudice the seller in the future enforcement of such right whether original or recurring. 

9. Interest at the rate of 1.5% per month will be payable by the buyer for bills unpaid after 7 days from the date of delivery. 

10. Title to the Goods shall remain with the seller until full payment of the bill but the goods or proceeds thereof shall be at the buyer’s risk from the time of delivery. 

11. If payment is overdue the seller may (without prejudice to its other rights) recover or resell the 

goods or any of them and may enter upon the buyer’s premises for that purpose. 

12. The Buyer shall refund to the seller all attorney’s, bailiff’s agents and other fees, charges, costs 

and expenses whatsoever incurred or payable by the Seller in or about the recovery of all sums due to the Seller or goods remaining the property of the Seller under the provisions hereof. 

13. If any term or condition hereof is held to be invalid, illegal or unenforceable this will not affect the validity, legality or enforceability of the other terms and conditions herein.