|
|
CONDITIONS OF SALE
1. These terms and conditions are accepted by
the Purchaser and Almac and any variation
thereof is accepted only if
confirmed in writing by Almac.
2. Any time or date named by Almac for delivery
under this contract is an estimate only and
Almac shall not be liable for
the consequences of any delay.
3. Delivery shall be made by Almac to the
Purchaser at Almac’s premises and from the date
of delivery the goods shall
be at the risk of the Purchaser. If delivery is
otherwise arranged such arrangements shall be
outside the terms of the
contract save that from the time that the goods
leave the premises of Almac the goods shall be
at the sole risk of the
buyer and it shall be the Purchaser’s obligation
and not Almac’s obligation to insure such goods.
4. The Purchaser acknowledges that Almac is the
proprietor of the copyright subsisting in design
drawings, patterns,
jigs, moulds and models of its products. The
Purchaser covenants that it will not without the
express written consent
of the seller:
a. Reproduce or substantially reproduce in any
material form, cars, kit cars, car automotive or
body parts or chassis made or sold by the seller
whether such reproduction would infringe the
aforesaid copyright or not,
b. Assist or abet such reproduction, or
c. Sell or offer for sale such a reproduction
5. The Purchaser shall indemnify Almac against
any damages, penalties, costs and/or expenses to
which Almac may
become liable as a result of work done in
accordance with the Purchaser’s specification
which involves the
infringement of any Letters Patent, Registered
Design or copyright and the Purchaser shall
accept all goods supplied
in accordance with such specifications
notwithstanding any such infringement or alleged
infringement.
6. The Purchaser agrees that he will not affix
to any goods supplied by Almac any trade mark,
logo, sign, lettering or
badge which might possibly mislead or deceive
any third party as to the origin, true
manufacturer or nature of the
product or goods supplied
7. Assembly instructions are a guide only. It
may be necessary for the Purchaser to do more
work or supply more
resources than are indicated within the assembly
instructions and such instructions are designed
to be read in
conjunction with a service manual or manuals for
the donor car or cars. The Purchaser agrees that
Almac is not liable
for any loss, injury, claim or expense relating
from any incomplete or inaccurate material
contained or implied in the
assembly instructions, nor will they be
responsible for the consequences of any
misunderstanding on the part of the
Purchaser of any part of the assembly
instructions.
8. Almac shall not be liable for and the
Purchaser shall indemnify and hold Almac
harmless against any claim by loss
damage to any person or property arising from
the use or operation or possession of the goods
sold hereunder. The
liability accepted by Almac is limited to the
value of goods supplied by Almac to the
Purchaser and is limited to
damage to those goods.
9. Almac do not guarantee to keep all parts
which are offered for sale in stock at any one
time. Almac will not accept
liability for the consequences of not being able
to supply any particular items. Almac reserves
the right to delete items
offered for sale and will not accept liability
for the consequences of discontinuing any
product line.
10. Almac guarantee that any Almac product will
fully comply with all statutory instruments and
laws relating to vehicles
New Zealand as at the date of this Agreement. If
alterations or modifications or tests are
required by subsequent laws
to improve the safety of the product then Almac
shall not be liable for the cost of such
alterations or tests.
11. The Purchaser shall advise any subsequent
purchaser of the goods subject to this contract
of the existence of this
contract before passing title to such goods to
the new owner.
12. These conditions and this contract shall he
subject to and construed in accordance with the
laws of New Zealand.
|