Terms and conditions

Terms of Use
Use of this website is subject to the Terms of Use as detailed below together with our standard Terms and Conditions for the supply of Goods and Services which together constitute the full agreement between you as a client and ourselves. By using this site, you acknowledge that you have read, accepted and agree to be bound by both sets of Terms and Conditions.

If you intend to transact via this website (i.e. purchase Goods and/or Services) then you guarantee that you are at least 18 years old, that you have the authority to enter into this agreement and you acknowledge that this agreement is binding and valid. legal obligations upon you.

If you do not agree or do not wish to accept the Terms and Conditions relating to this site, please do not use this site. You are also advised that failure to accept our Terms and Conditions may result in your being unable to access certain parts of this website.

Terms of Sale

  1. Definition
    1.1 “Buyer” means the person, entity or anyone acting on behalf of and with the authority of Buyer who requests Seller to provide Services as specified in any proposal, price quote, order, invoice or other documentation, and:
    (a) if there is more than one Buyer, a reference to each Buyer collectively; And
    (b) if the Buyer is a partnership, the Buyer will bind each partner together; And
    (c) if the Purchaser is part of a Trust, it will be bound in its capacity as trustee; And
    (d) includes Buyer’s executors, administrators, successors and permitted assigns.
    1.2 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendment stated in addition to this Contract.
    1.3 “Cookies” means small files stored on a user’s computer. They are designed to store small amounts of data (including Personal Information) specific to a particular client and website, and can be accessed by either the web server or the client’s computer. If the Buyer does not wish to allow Cookies to operate in the background when using the Seller’s website, then the Buyer has the right to enable/disable Cookies first by selecting the enable/disable option available on the website, before making inquiries via the website.
    1.4 “Goods” means all Goods or Services supplied by the Seller to the Buyer at the request of the Buyer from time to time (if the context permits, the terms ‘Goods’ or ‘Services’ may be used interchangeably).
    1.5 “Installation” means leveling and positioning the Goods, removing travel clamps, aligning auxiliary equipment, connecting all necessary air and electrical supplies to the machine, and checking and adjusting if necessary all lubricant levels but does NOT include preparing or providing a level location with sufficient strength adequate for the Goods, the provision of which is the sole responsibility of the Buyer.
    1.6 “Price” means the Price payable (plus Tax if applicable) for the Goods as agreed between the Seller and the Buyer in accordance with clause 7 below.
    1.7 “Seller” means the company selling the goods .
  2. Acceptance
    2.1 The Buyer acknowledges and agrees that:
    (a) they have read and understood the terms and conditions contained in this Contract; And
    (b) The Buyer is deemed to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Buyer orders or takes delivery of the Goods.
    2.2 If there is any inconsistency between the terms and conditions of this Contract and any other document or schedule previously agreed by the parties, then the provisions of this Contract will apply.
    2.3 Any changes to the terms and conditions contained in this Contract can only be changed in writing with the agreement of both parties.
    2.4 The Buyer acknowledges that the provision of Goods on credit will not take effect until the Buyer has completed a credit application with the Seller and has been agreed with the credit limit specified for the account.
    2.5 In the event that the inventory of Goods requested exceeds the Buyer’s credit limit and/or the account exceeds the payment terms, the Seller has the right to refuse delivery.
    2.6 No agent or representative of the Seller is authorized to make any statement, statement, condition or agreement that is not disclosed by the Seller’s manager in writing and the Seller is also not bound by any such unauthorized statement.
    2.7 Buyers:
    (a) agrees that it shall not rely on the Seller’s skill or judgment regarding the suitability of the Goods for a particular purpose unless it has indicated such purpose in writing to the Seller and the Seller has acknowledged in writing that the Goods will be suitable for that purpose;
    (b) acknowledges that it has selected the Goods relying on its own skill, expertise and experience; And
    (c) acknowledge that the delivery lead times suggested by the Seller are indicative only and are not binding on the Seller.
    2.8 Electronic signatures are deemed accepted by either party.
  3. Errors and Omissions
    3.1 The Buyer acknowledges and accepts that the Seller, without prejudice, shall have no liability in respect of any alleged or actual errors and/or omissions:
    (a) due to unintentional errors made by the Seller in the formation and/or administration of this Contract; and/or
    (b) contained in/omitted from any literature (hard copy and/or electronic) provided by the Seller in connection with the Services.
    3.2 If the error and/or negligence occurs in accordance with clause 3.1, and is not caused by the Seller’s negligence and/or intentional mistake; The Buyer has no right to consider this Contract rejected or cancelled.
  4. Change of Control
    4.1 The Buyer must give written notice to the Seller no less than fourteen (14) days in advance regarding any proposed change in Buyer’s ownership and/or other changes to the Buyer’s details (including but not limited to, changes to the Buyer’s name, address and telephone number or email which may be contacted, change of trustee or business practices). The Buyer is responsible for any losses suffered by the Seller as a result of the Buyer’s failure to comply with this clause.
  5. Online Ordering
    5.1 The Buyer acknowledges and agrees that:
    (a) Seller does not warrant the performance of the website or the processing of related computer images;
    (b) appearance on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website will be subject to confirmation of acceptance by the Seller;
    (c) online ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
    (d) there are inherent dangers in electronic /internet data distribution , and thus Seller cannot guarantee against delays or errors in data transmission between Buyer and Seller including orders, and you agree that to the extent permitted by law, Seller will not be responsible for any losses suffered by the Buyer due to the unavailability of online orders or due to delays or errors in order delivery;
    (e) when carrying out transactions through the website, the Buyer’s information will pass through a secure server using SSL (secure socket layer) encryption technology or other similar technology as disclosed by the Seller and/or displayed on the website. The encryption process ensures that the Buyer’s information cannot be read or changed by outside influences;
    (f) if the Buyer is not the cardholder of any credit card used to pay for the Goods, the Seller shall be entitled to reasonably assume that the Buyer has received permission from the cardholder to use such credit card for the transaction.
    5.2 The Seller reserves the right to terminate the Buyer’s order if it becomes aware that you have provided false or misleading information, interfered with other users or the administration of the Seller’s business, or violated these terms and conditions.
  6. Credit Card Information
    6.1 Seller will:
    (a) retain the Buyer’s personal details, including credit card details only for as long as the Seller deems necessary;
    (b) not sell Buyer’s credit card details to third parties;
    (c) not disclose Buyer’s personal information unnecessarily, unless required by law.
    6.2 The Buyer expressly agrees that, if under this Contract, there are any unpaid fees, other amounts due and payable by the Buyer, the Seller is entitled to immediately charge the Buyer’s designated credit card for such amounts, and is irrevocably authorized to finish it. any documentation and take any action to recover from the credit card issuer any and all amounts that may be owed by the Buyer in accordance with the terms of this Contract.
  7. Price and Payment
    7.1 At the sole discretion of the Seller, the Price is:
    (a) as stated on any invoice provided by Seller to Buyer; or
    (b) The price on the date of Delivery of the Goods is in accordance with the Seller’s current price list; or
    (c) The Seller’s offer price (in accordance with clause 7.2) will be valid for the period stated in the offer or otherwise for a period of seven ( 7 ) working days .
    7.2 The Seller reserves the right to change the Price if a variation is requested to the Seller’s offer. Variations will be charged based on Seller’s quote, and will be detailed in writing, and shown as a variation on Seller’s invoice. Buyer is obliged to respond to any variations submitted by Seller within ten (10) business days. Failure to do this will entitle the Seller to add a variation charge to the Price. Payment for all variations must be made in full upon completion.
    7.3 The Seller has the right to charge the Buyer for any fluctuations in foreign currency exchange rates which result in increased costs for the Seller to obtain the Goods or deliver the Goods to the Buyer. Buyer acknowledges that any amounts charged by Seller in connection with such fluctuations will be based on the entire purchase Price, regardless of whether a deposit has been paid by Buyer.
    7.4 At the Seller’s sole discretion, a deposit may be required.
    7.5 Time of payment for the main Goods, the Price must be paid by the Buyer on the date determined by the Seller, which can be:
    (a) on or before delivery of the Goods;
    (b) by means of payment in installments/progressions in accordance with the Seller’s payment schedule;
    7.6 Payment can be made by cash, electronic/on-line banking, credit card (additional fees may apply per transaction), or by any other method agreed between the Buyer and Seller.
    7.8 The Buyer shall not be entitled to offset, or deduct from the Price, any amount owed or claimed to be owed to the Buyer by the Seller or to withhold payment of any invoice because any part of the invoice is in dispute.
    7.9 Unless otherwise stated, Prices do not include tax . In addition to the Price, the Buyer shall pay to the Seller an amount equal to the tax which the Seller is liable to pay for any supply by the Seller under this or any other contract for the sale of Goods. Buyer shall pay taxes , without deduction or reduction of other amounts, at the same time and on the same basis as Buyer pays the Price. Additionally, Buyer shall pay any other taxes and duties that may apply in addition to the Price unless such taxes and duties are expressly included in the Price.
  8. Delivery of goods
    8.1 Delivery of Goods will be made to the Buyer’s address. The Buyer will make all necessary arrangements to take delivery of the Goods whenever the Goods are tendered for delivery, or delivery of the Goods will be made to the Buyer at the Seller’s address.
    8.2 Unless otherwise agreed in writing:
    (a) The Seller will arrange transportation of the Goods to the delivery point specified by the Buyer
    (b) The Seller reserves the right to charge shipping costs for such carriage. Delivery charges are due and payable by the Buyer on the date of payment of the Price
    (c) The Buyer is responsible for unloading the Goods from the transport vehicle; or
    (d) if no delivery point is specified by the Buyer, the Buyer must collect the Goods from the Seller’s premises within seven (7) days of the Seller notifying the Buyer that the Goods are ready for collection.
    8.3 If the Seller notifies the Buyer that the Goods are ready for transport or collection and the Buyer asks the Seller to hold the Goods, or if clause 8.2(d) applies and the Buyer does not collect the Goods within seven (7) days of notification by the Seller that the Goods are ready for collection ;
    (a) The Seller will store the Goods for 30 days ; And
    (b) delivery is deemed to have occurred and damage / loss of Goods is at the Buyer’s risk from the Buyer’s request or failure to collect according to 5.2 (d); And
    (c) The Seller reserves the right to charge storage fees in respect of the Goods stored. Storage charges are due and payable by Buyer on the date of payment of the Price.
    8.4 If the Seller has agreed in writing to install the Goods, then:
    (a) Seller will arrange for installation of the Goods;
    (b) Seller reserves the right to charge a fee for installation. Installation charges are due and payable by the Buyer on the date of payment of the Price.
    8.5 The Seller may deliver the Goods in separate installments (according to the agreed delivery schedule). Each separate installment will be invoiced and paid in accordance with the provisions of this sales Contract.
    8.6 Delivery of the Goods to a third party / courier is deemed to be delivery to the Buyer for the purposes of this Contract.
    8.7 The Seller may extend the estimated delivery date without consulting the Buyer. If such an extension occurs, the Seller must notify the Buyer of the extension as soon as possible thereafter.
    8.8 If there is a delay or failure in delivery, which arises due to any circumstances including, but not limited to, Force Majeure events;
    (a) The Seller shall not be liable for any claim from the Buyer or for any loss, damage or expense suffered or incurred by the Buyer including any consequential loss or damage whatsoever arising from any such delay or failure
    8.9 The Seller’s failure to deliver does not entitle either party to treat this Contract as repudiated.
  9. Risk
    9.1 The Buyer is obliged to insure the Goods on or before delivery and the risk of damage to or loss of the Goods passes to the Buyer upon delivery.
    9.2 Delivery of the Goods is deemed to have occurred and the Goods are at the Buyer’s risk, (subject to clause 7.3 above);
    (a) in the case of transportation to the delivery place specified by the Buyer, at the start of unloading the Goods onto the transport vehicle;
    (b) in the case of collection by the Buyer from the Seller’s premises, at the start of loading the Goods into the Buyer’s vehicle;
    9.3 If any Goods are damaged or destroyed after Delivery but before ownership passes to the Buyer, the Seller is entitled to receive all insurance proceeds payable on the Goods. The creation of these terms and conditions by the Seller is sufficient evidence of the Seller’s right to receive insurance proceeds without the need for anyone related to the Seller to carry out further investigations.
    9.4 If the Buyer asks the Seller to leave the Goods outside the Seller’s location for collection or to deliver the Goods to an unattended location, then the Goods will be at the Buyer’s own risk.
  10. Title
    10.1 The Seller and Buyer agree that ownership of the Goods will not transfer until:
    (a) Buyer has paid Seller all amounts owed to Seller; And
    (b) Buyer has fulfilled all other obligations to Seller.
    10.2 Acceptance by the Seller of any form of payment other than cash / transfer will not be considered payment until such form of payment has been fulfilled, completed or acknowledged.
    10.3 It is further agreed that until ownership of the Goods passes to the Buyer in accordance with clause 10.1:
    (a) The Buyer is merely a bailee for the Goods and must return the Goods to the Seller upon request;
    (b) Buyer holds the benefit of Buyer’s insurance on the Goods on trust for Seller and must pay Seller any insurance proceeds if the Goods are lost, damaged or destroyed;
    (c) The Buyer may not sell, dispose of, or in any other way share ownership of the Goods other than in the course of daily business activities and for market value. If the Buyer sells, disposes of or divides ownership of the Goods then the Buyer shall hold the proceeds of any such action on trust for the Seller and shall pay or deliver the proceeds to the Seller upon request;
    (d) The Buyer may not change or process the Goods or mix them with other goods, but if the Buyer does so then the Buyer holds the product produced in trust for the benefit of the Seller and is obliged to sell, dispose of or return the resulting product. to the Seller according to his direction;
    (e) Buyer irrevocably authorizes Seller to enter any premises where Seller believes the Goods are stored and regain possession of the Goods;
    (f) Seller may recover possession of any Goods in transit, whether Delivery has occurred or not;
    (g) The Buyer shall not encumber or provide any encumbrance for the Goods or grant or grant any interest in the Goods as long as the Goods remain the property of the Seller; And
    (h) The Seller may initiate proceedings to recover the Price of the Goods sold even though ownership of the Goods has not passed to the Buyer.
  11. Security and Cost
    12.1 In consideration of the Seller agreeing to supply the Goods, the Buyer charges all its rights, titles and interests (whether joint or several) in any land, realty or other chargeable assets owned by the Buyer whether now or in the future. in the future, and Buyer grants a security interest in all of its property now and hereafter acquired, to secure the performance of Buyer’s obligations under these terms and conditions (including, but not limited to, payment of any money).
    12.2 The Buyer indemnifies the Seller from and against all costs and disbursements of the Seller including legal costs on a solicitor and own client basis incurred in exercising the Seller’s rights under this clause.
    12.3 The Buyer irrevocably appoints the Seller and each of the Seller’s directors as the Buyer’s actual and valid legal representatives to perform all acts necessary to give effect to the provisions of this clause 12 including, but not limited to, signing any documents on behalf of the Buyer. interest.
  12. Disability
    13.1 The Buyer must inspect the Goods on Delivery and within one (1) day after Delivery (in essence) notify the Seller of any suspected defect, quantity shortage, damage or failure to conform to specifications, description or quotation. Buyers are required to provide proof in the form of a complete, unedited unboxing video upon receipt goods, opening the packaging until the appointment of the goods . Buyer will give Seller an opportunity to inspect the Goods within a reasonable time after Delivery if Buyer believes the Goods are defective in any way. If the Buyer fails to comply with this provision, the Goods are deemed to be free from any defects or damage including hidden defects . For defective Goods, where the Seller has agreed in writing that the Buyer has the right to reject them, the Seller’s responsibility is limited to (at the Seller’s discretion) replacing the Goods or repairing the Goods.
    13.2 Goods will not be accepted for return other than in accordance with 13.1 above, and provided that:
    (a) The Seller has agreed in writing to accept the return of the Goods; And
    (b) Goods are returned at Buyer’s expense within seven (7) days from the date of Delivery; And
    (c) The Seller is not responsible for Goods that are not stored or used properly or for damage during delivery by a third party (courier); And
    (d) Goods are returned in the condition they were sent and complete with all packaging materials, brochures and instruction materials in new condition and reasonable under the circumstances.
    13.3 The Seller may (at its discretion) accept the return of the Goods and repair the defect or replace it with the same product but delivery costs are borne by the Buyer.
  13. Guarantee
    14.1 Subject to the warranty provisions set out in clause 14.2 the Seller warrants that if any defect in workmanship supplied by the Seller becomes apparent and is reported to the Seller within one (1) day from the date of delivery (time of the essence) then the Seller will (at the Seller’s discretion yourself) replace or repair the defect.
    14.2 The conditions that apply to the guarantee provided in clause 14.1 are:
    (a) the guarantee does not cover any defects or damage which may be caused or partly caused by or arise through:
    (i) Buyer’s failure to properly maintain the Goods or items serviced; or
    (ii) Buyer’s failure to follow instructions or guidelines provided by Seller; or
    (iii) any use of the Goods or goods served other than for any application specified in the quotation or order form; or
    (iv) continued use of any Goods or items serviced after any defect is apparent or apparent to a reasonably prudent operator or user; or
    (v) normal wear and tear, accident or act of god .
    (b) the warranty will expire and Seller shall have no further liability under the terms of the warranty if the defect is repaired, altered or overhauled without Seller’s consent.
    (c) in respect of all claims, the Seller shall not be liable to compensate the Buyer for any delay in replacing or repairing defective Goods or Services or in properly assessing the Buyer’s claims.
    14.3 For Goods not manufactured by the Seller, the guarantee is the current guarantee provided by the manufacturer of the Goods. Seller is not bound or responsible for any terms, conditions, representations or warranties other than those provided by the manufacturer of the Goods.
    14.4 The provisions that apply to the guarantee provided for Goods supplied by the Seller are contained in the “Warranty Documentation”.
    14.5 In the case of second-hand Goods, the Buyer acknowledges that full opportunity to inspect the Goods has been given and accepts the Goods with all faults and that no warranty is given by the Seller as to quality or fitness for any purpose whatsoever and to any extent implied. warranties, statutory or otherwise, are expressly excluded. The Seller shall not be liable for any loss or damage to the Goods, or otherwise caused by the Goods, or any part thereof.
  14. Intellectual Property
    16.1 If the Seller has designed, drawn or developed Goods for the Buyer, then the copyright in any designs and drawings and documents will remain the property of the Seller. Under no circumstances may such designs, drawings and documents be used without the written consent of the Seller.
    16.2 The Buyer warrants that all designs, specifications or instructions provided to the Seller will not cause the Seller to infringe any patent, registered design or trade mark in the execution of the Buyer’s order and the Buyer agrees to indemnify the Seller for any action taken by the Seller. third parties against the Seller in connection with the violation.
  15. Default and Consequences of Default
    17.1 Interest on overdue invoices will accrue daily from the payment due date, until the payment date, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller’s sole discretion, such interest will accrue monthly. at such a rate) after and before any decision.
    17.2 If the Buyer owes money to the Seller, the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in recovering such debt (including but not limited to internal administration costs, legal costs on a solicitor and client basis, collection agency fees seller, and bank disgrace fees).
    17.3 In addition to any other rights or remedies the Seller may have under this Contract, if the Buyer has made payment to the Seller, and the transaction is subsequently cancelled, the Buyer is liable for the amount of the canceled transaction, in addition to any costs. further costs incurred by the Seller under this clause 17 if it can be proven that such reversal is found to be illegal, fraudulent or contrary to the Buyer’s obligations under this Contract.
    17.4 Without prejudice to the Seller’s other legal remedies, the Seller has the right to cancel all or part of the Buyer’s order that has not been fulfilled and all amounts due to the Seller, whether payment is due or not, will be paid immediately if:
    (a) monies due to Seller are overdue, or in Seller’s opinion, Buyer will be unable to make payment when due;
    (b) Buyer has exceeded the applicable credit limit provided by Seller;
    (c) The Buyer becomes bankrupt, holds a meeting with its creditors or proposes or makes an agreement with creditors, or makes a transfer for the benefit of its creditors; or
    (d) a receiver, manager, liquidator (temporary or otherwise) or similar person is appointed in respect of Buyer or any assets of Buyer.
  16. Cancellation
    18.1 Without prejudice to any other legal remedies that the Seller may have, if at any time the Buyer breaches any obligations (including obligations relating to payment) under these terms and conditions, the Seller may suspend or terminate the supply of Goods to the Buyer. The Seller is not responsible to the Buyer for any loss or damage suffered by the Buyer because the Seller has exercised its rights under this clause.
    18.2 The Seller may cancel any Contract to which these terms and conditions apply or cancel Delivery of the Goods at any time before the Goods are delivered by giving written notice to the Buyer. By giving such notification, the Seller must reimburse the Buyer for all money paid by the Buyer for the Goods. Seller is not responsible for any loss or damage arising from such cancellation.
    18.3 If the Buyer wishes to cancel the Delivery of Goods and/or Services, the Buyer is responsible for providing written notification to the Seller at least one (1) hour from the day of order. In the event that the notification is received outside the specified time period, the Buyer acknowledges and agrees that they are responsible for any losses incurred (either directly or indirectly) by the Seller as a direct result of such cancellation (including, but not limited to, loss of profits) .
    18.4 Cancellations of orders for Goods made to the Buyer’s specifications, or for goods not on the stock list, will definitely not be accepted once production has commenced, or the order has been placed.
  17. Limitation of Liability and Indemnification
    19.1 The Seller shall not be liable to the Buyer for any indirect and/or consequential losses and/or expenses (including loss of profits) suffered by the Buyer as a result of the Seller’s breach of these provisions. and conditions (alternatively, the Seller’s liability is limited to damages which in no event exceed the Price of the Goods).
    19.2 Without limiting the generality of clause 13.1, the Seller shall not be liable for any costs of recovering the Goods from the field, loss of use of the Goods, loss of time, inconvenience, incidental or consequential loss or damage, or for any other loss or damage, whether ordinary or exemplary, which is caused either directly or indirectly by the use of the Goods.
    19.3 The Seller shall not be liable for any defects, damage or other malfunctions caused by misuse, neglect, accident, vandalism, damage in transit, normal wear and tear, alteration, modification or unusual physical, environmental or electrical stress on the Goods.
    19.4 Without prejudice to any other rights that the Seller may have against the Buyer, and to the extent permitted by law, the Buyer hereby agrees to indemnify and keep the Seller indemnified against any loss, damage or expense (including, but not limited to , costs, whether or not subject to a court order) incurred if the Buyer breaches the Contract or cancels any order or part thereof for Goods after entering into the Contract.
    19.5 No provision in the Contract shall be read or applied so as to exclude, limit or modify or have the effect of excluding, limiting or modifying any condition, warranty, guarantee, right or remedy which is implied by law and which cannot by law be excluded, limited or modified.
  18. Privacy Policy
    20.1 All emails, documents, images or other recorded information stored or used by the Seller are “Personal Information” as defined and referred to in clause 20.3 and are therefore considered confidential. Seller acknowledges that if Seller becomes aware of a data breach and or disclosure of the Buyer’s Personal Information stored by the Seller which could result in serious losses for the Buyer, the Seller will notify the Buyer via the website.
    20.2 Notwithstanding clause 20.1, privacy restrictions will apply to the Seller in relation to Cookies when the Buyer uses the Seller’s website to make an enquiry. Seller agrees to display references to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technologies enable the collection of Personal Information such as that of Buyer:
    (a) IP address, browser, email client type and other similar details;
    (b) track website usage and traffic; And
    (c) reports are made available to Seller when Seller sends an email to Buyer, so that Seller can collect and review such information (“collectively Personal Information”)
    If Buyer consents to Seller’s use of Cookies on Seller’s website and later wishes to withdraw such consent, Buyer may manage and control Seller’s privacy controls through Buyer’s web browser, including deleting Cookies by deleting them from browser history upon exit. the site.
    20.3 The Buyer authorizes the Seller or the Seller’s agent to:
    (a) access, collect, store and use any information about Buyers;
    (i) including, name, address, date of birth , occupation, driver’s license details, electronic contacts (email details, Facebook or Twitter), health insurance details or next of kin and other contact information (if applicable), previous credit applications, credit history or information on the balance of overdue fines maintained by the Ministry of Justice for the purpose of assessing the Buyer’s creditworthiness; or
    (ii) for the purpose of marketing products and services to Buyers.
    (b) disclose information about Buyer, whether collected by Seller from Buyer directly or obtained by Seller from other sources, to other credit providers or credit reporting agencies for the purpose of providing or obtaining credit references, debt collections or notices of default by Buyer.
    20.4 If the Purchaser is an individual, the authority under clause 20.3 is the authority or approval for the purposes of the Privacy Act 2020.
    20.5 The Buyer has the right to request that the Seller correct any incorrect Personal Information.
    20.6 The Seller will destroy Personal Information at the Buyer’s request (via email) or if it is no longer necessary unless it is necessary to fulfill the obligations of this Contract or is required to be maintained and/or stored in accordance with law.
    20.7 Buyers may submit privacy complaints by contacting the Seller via email. Seller will respond to the complaint within seven (7) days of receipt and will take all reasonable steps to make a decision regarding the complaint within twenty (20) days of receipt of the complaint.
  19. Service of Notification
    21.1 Any written notice given under this Contract shall be deemed to have been given and received:
    (a) by delivering the notification to the other party directly;
    (b) by entrusting it to the other party’s address as stated in this Contract;
    (c) by sending it by registered post to the other party’s address as stated in this Contract;
    (d) if sent by facsimile transmission to the other party’s fax number as stated in this Contract (if any), after receiving confirmation of delivery;
    (e) if sent by email to the other party’s last known email address.
    21.2 Any notice sent shall be deemed to have been served, unless otherwise indicated, when by ordinary mail, the notice has been served.

it is not intended to exclude or eliminate Buyer’s right of indemnification against the Trust or any trust fund. Buyer shall not waive any right to indemnification or commit any breach of confidence or become a party to any other action which may reduce such right to indemnification;
(c) Buyer shall not, without Seller’s written consent (Seller shall not unreasonably withhold consent), cause, permit or cause the occurrence of any of the following events:
(i) removal, replacement or resignation of Purchaser as trustee of the Trust;
(ii) any change or variation to the terms of the Trust;
(iii) any advancement or distribution of Trust capital; or
(iv) any resettlement of trust property.

  1. Liens and Stoppages in Transit
    23.1 If the Seller has not received, or has tendered the entire Price, or payment has been refused, the Seller must have:
    (a) lien on the Goods;
    (b) the right to retain the Goods while the Seller is in possession of the Goods until payment has been made in full;
    (c) the right to stop the Goods in transit whether delivery has been made or ownership has transferred; And
    (d) the right to resell,
    (e) the above right of release,
    (f) Seller’s lien rights will continue even if legal proceedings have been commenced, or a judgment on the Price has been obtained; And
    (g) Seller shall have no obligation to release the Goods to Buyer if Buyer fails to pay except as required by any statute or statute.
  2. General
    24.1 The failure of either party to enforce any provision of these terms and conditions will not be deemed a waiver of such provision, nor will it affect the right of that party to subsequently enforce such provision. If any provision in these terms and conditions is invalid, void, illegal, or unenforceable, then the validity, existence, legality, and enforceability of the remaining provisions will not be affected, impaired, or impaired.
    24.2 These terms and conditions and any Contract implementing them will be governed by Indonesian law and subject to the jurisdiction of the courts of the city of Surabaya .
    24.3 The Seller may license and/or transfer all or part of its rights and/or obligations under this Contract without the Buyer’s consent.
    24.4 The Buyer may not grant a license or transfer without the written consent of the Seller.
    24.5 The Seller may choose to subcontract any part of the Services but will not be relieved of any responsibility or liability under this Contract by doing so. Further, Buyer agrees and understands that they have no authority to provide any instructions to any of Seller’s sub-contractors without Seller’s permission.
    24.6 The Buyer agrees that the Seller may change the general terms and conditions for any future Contract with the Buyer. These changes are deemed to be effective from the date the Buyer accepts the changes, or when the Buyer submits a further request to the Seller to provide the Goods to the Buyer.
    24.7 Neither party shall be liable for any negligence caused by natural disasters, war, terrorism, strikes, lockouts, industrial action, fire, flood, storm, national or global pandemic and/or the implementation of regulations, directives, rules or acts imposed by the Government or embargo, including but not limited to, closure of borders imposed by the Government (including, ports of destination throughout the world), etc., (“Force Majeure”) or other events beyond the reasonable control of either party. This clause does not apply if the Buyer does not make payment to the Seller.
    24.8 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorizations to allow them to do so, that they are not insolvent and that this Contract creates binding and valid legal obligations on them.