Terms of Business
Plans, drawings, specifications and samples submitted are the property of Storefit Shopfitters Limited and are designed for use between Storefit Shopfitters Ltd. and its clients only.
The specifications accompanying the estimate / contract price details the work allowed for, and any variations, additional work, structural work or materials found to be necessary during the progress of the work will be charged for accordingly. In the event of there being any discrepancy between drawings, specification, and what is actually installed, it is what is actually installed which shall be the basis of the contract price.
In the event of the prices or labour and/or material or taxes, including Value Added Tax increasing between the date of the estimate given for the contract work and their completion, then the contract price shall be increased accordingly subject to due notice of such increase been given by Storefit Shopfitters Ltd. to the customer.
4. RESERVATION OF TITLE
1. The goods being the materials and equipment provided by Storefit Shopfitters Ltd. shall be at the customer's risk as from delivery of same to the premises of the customer.
2. In spite of delivery having been made property in the goods shall not pass from Storefit Shopfitters Ltd. until;
1. The customer shall have paid the price plus VAT in fee and;
2. No other sums whatsoever shall be due from the customer to Storefit Shopfitters Ltd.
3. Until the property in the goods passes to the customer in accordance with clause (b) the customer shall hold the goods and each of them on a fiduciary basis as bailee. The customer shall store the goods and keep them safe separately from all other goods in its possession and keep them in such a way that they are clearly identified as the property of Storefit Shopfitters Ltd.
4. Notwithstanding that the goods remain the property of Storefit Shopfitters Ltd. the customer may use the goods in the ordinary course of the customer's business. If the customer should sell the goods then any such sale or dealing shall be a sale or use of Storefit Shopfitters Ltd. property by the customer and the customer shall deal as principal for making such sales or dealings.
Until property in the goods passes from Storefit Shopfitters Ltd. the entire proceeds of sale or otherwise of the goods shall be held in trust for Storefit Shopfitters Ltd. and shall not be mixed with other money or paid into any over drawn bank account and shall be at all material times identified as Storefit Shopfitters Ltd.
5. Until such time as the property in the goods passes from Storefit Shopfitters Ltd. the buyer shall upon request deliver up such of the goods as have not ceased to be in existence or been resold to Storefit Shopfitters Ltd. If the customer fails to do so Storefit Shopfitters Ltd. may enter upon any premises owned or occupied or controlled by the customer where the goods are
situated and repossess the goods. On the making of such request the rights of the customer under clause (d} shall cease.
6. The customer shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are the property of Storefit Shopfitters Ltd. Without prejudice to the other rights of Storefit Shopfitters Ltd., if the customer does sell all sums whatever owing by the customer to Storefit shall forthwith become due and payable.
7. The customer shall insure and keep insured the goods to the full price against all risks to the reasonable satisfaction of Storefit Shopfitters Ltd., until the date that property in the goods passes from Storefit Shopfitters Ltd., produce a copy of the policy of insurance. Without prejudice to the other rights of Storefit Shopfitters Ltd., if the customer fails to do so all sums whatever owing by the customer to Storefit shall forthwith become due and payable to the customer.
8. The customer shall provide free of charge to Storefit Shopfitters Ltd., adequate access, lighting, electric power, portable tools and facilities for storage of the goods on site.
9. Storefit Shopfitters Ltd. shall be entitled to write or affix its imprint and logo on the goods in the usual manner. Where patents, registered trade marks or copyright features are embodied in the design, an imprint to that effect may be affixed.
Storefit Shopfitters Ltd. shall not be responsible for any of the following:
1) Loss or delay resulting from strikes, lock out or Government controls.
2) Damage to glass or material after being used in position.
3) Stock, merchandise, fixture, fittings or goods on the site not the property of Storefit Shopfitters Ltd.
4) Damage to or defects in the work through cause beyond the control of Storefit Shopfitters Ltd.
5) Damage caused by accidental fire.
6) Indirect or consequential loss.
7) Delay in delivery due to shortage of material and/or labour outside Storefit Shopfitters Ltd. control shall not be deemed to cancel the contract and shall not render Storefit Shopfitters Ltd. liable to damage or penalties occasioned by such delay.
8) The rates and/or prices given in the estimate/ contracts are set rates and prices and are not to be subjected to any discounts, trade cash, except such as may be expressed specified by Storefit Shopfitters Ltd. in writing.
9) Storefit Shopfitters Ltd. reserves the right to subcontract any job or part thereof.
10) Payment shall be made by the customer to Storefit Shopfitters Ltd., on completion of the work specified, unless alternative arrangements for payment have been made in writing between the parties. In the event of any delay occurring with payment of the contract price the customer shall pay 15% interest per annum on a daily basis on all amounts outstanding from the date of completion of installation.