TERMS AND CONDITIONS OF SALE

In these conditions, the following definitions shall apply:

(a) “Seller” means Nutrimix Flour Mills.

(b) “Buyer” means the consignee and/or its agent and/or its representative named on the front page(s) hereof; and

The signing of the Seller’s tax invoice / cash bill / delivery note or the acceptance of the goods by the Buyer shall constitute acceptance of the terms and conditions herein.

All prices quoted by the seller are firm and net.

The Goods should be checked thoroughly by the Buyer at the time of delivery. Any damaged and/or items not received should be clearly written, by the Buyer, on both invoice copies.

Claims on Goods shall be subject to the following:

(a) No cash refunds shall be given;

(b) A Credit note may be issued within seven (7) days from the date of delivery, provided the goods are in their original condition and packaging and accompanied by the original cash bill;

(c) Any item that has obvious signs of use, not in its original condition or expired cannot be exchanged, returned or refunded.

(d) Any returns, exchanges or refunds for damaged goods after collection & / or delivery & / or receipt will not be accepted

(e) The Seller may, in its sole discretion and particular circumstances, issue credit notes after seven (7) days from the date of delivery.

(f) Buyer must prove to the Seller’s satisfaction that they followed the Seller’s instructions for use, care, storage and proper handling of the Goods.

(g) Buyer must prove to the satisfaction of the Seller that they followed the Seller’s instructions for use, care, storage and proper handling of the Goods. In any event, the Seller shall not, under and circumstances whatsoever, be liable for any consequential loss or damage to the Goods however caused. Goods specially ordered, manufactured, adjusted, cut and/or any special conditions applied to the sale of the goods are not refundable, returnable or exchangeable.

The Buyer must make full payment of the invoice by the agreed due date as shown on the invoice which is provided by the Buyer. If for any reason the Buyer’s cheque is returned, an administrative fee of $100.00 will be applied to the Buyer’s account.

Title to the Goods shall remain with the seller until full payment of the invoice but the Goods shall be at the Buyer’s risk from the time of delivery. Until title to the Goods passes to the Buyer, the Seller may (without prejudice to all other rights or remedies available to it) either recover and/or resell the Goods and may enter upon any premises of the Buyer or any third party where the Goods are reasonably thought to be stored for the purpose of recovery.

The Seller shall be at liberty to recover the amount of any unpaid invoices or any balance outstanding after the recovery of goods by any other means available to it.

The Buyer shall be liable for, or refund to the Seller, all attorney’s bailiff’s, agent’s and other fees, charges, cost, and expenses whatsoever incurred or payable by the Seller, in or about the recovery of the sums due to or Goods remaining the property of the Seller under the provisions hereof. The Buyer hereby expressly authorizes and grant consent to the Seller whether acting on its own, or though any Credit reporting Agency, to seek and obtain, verbally or in writing, and/or to exchange or release any information relating to the Buyer’s past credit history and dealings, whether in Trinidad and Tobago or elsewhere, with any third parties which the Seller may consider pertinent in arriving at an informed decision of the Buyer’s creditworthiness or credit rating.

At the Seller’s sole discretion, interest may be charged at the rate of 2% per month or any part thereof for bills unpaid after the agreed due date as shown on the invoice.

No omission 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.

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

All unit prices are subject to the applicable V.A.T. rate as prescribed by law unless exempt from V.A.T.

Any variation of the conditions herein is inapplicable unless authorized in writing by the Financial Comptroller.