Terms and Conditions for Sale

A-INTERPRETATION AND APPLICABILITY

1. The following terms and conditions apply to all sale (“Transactions” or “Transaction”)) between KARUBARI SAHULAT (KS) and its customers unless expressly waived or modified.

2. KARUBARI SAHULAT

1. may, at any time and from to time, modify or make amendments to these terms and conditions. KS shall supply the customer with a copy of the modifications and amendments made, and unless objected to by the customer within Fifteen (15) days from the date of receipt, the customer shall be deemed to have accepted the modifications and amendments, which shall then be incorporated into each and every Transaction by reference.

B-DEFINITIONS

1. Customer” means the person, business or company that is the purchaser of the Products or Services;
2. “Quotation” means the form of quotation submitted by KS in which these terms and conditions of sale are or are deemed to be incorporated;
3. “Products and or Services” means any products and or services (through Software Portal) supplied to the Customer by KS described in KS’s invoice or quotation;
4. “Sales Contract” means any sales contract or distribution agreement entered into by the Customer and KS in respect of the Products and Services supplied to the Customer in which these Terms are deemed to be incorporated;
5. “Tax Invoice” has the meaning given to that term by the Sales Tax Act 1990 (as amended) and is issued by KS to the Customer in which these terms and conditions are or are deemed to be incorporated.
6. “Seller” means Karubari Sahulat
7. GST” means Goods and Services Tax as defined by the Sales Tax Act Act 1990

C- GOVERNING TERMS AND CONDITIONS

1. 1. These are the only terms and conditions which are binding upon Karubari Sahulat with the exception of those otherwise agreed in writing by Karubari Sahulat or which are imposed by statute and which cannot be excluded.

D-TERMS OF PAYMENT

1. Payment by the Customer for Goods & Services is required prior to delivery to the Customer unless agreed otherwise in writing by an authorised officer of KS.
2. Payment by the Customer for Goods & services is required within 14 days from the date of invoice. Queries to charges need to be received by KS within 7 days of invoice date, in writing. Queries do not negate the due date of the invoice and payment is still required for the full amount. KS will investigate queries and will determine any validity, which if found to be valid will provide credit. Queries will not be accepted after due date.
3. If the Customer fails to make payment in accordance with this clause after demand for payment by KS, all amounts owing by the Customer to KARUBARI SAHULAT on any account shall immediately become due and payable and KS may, without prejudice to any other remedy, suspend supply or delivery of any Goods to the Customer until such payment is made and KS shall be entitled to increase the contract price to cover any extra expense, incurred as a result of the Customer’s default.
4. Where the Customer delays in making payment and legal action is undertaken the Customer will also be liable for such legal or other costs incurred by KS in attempting to recover the outstanding amounts owed by the Customer.
5. Unless stated otherwise in writing by KS’s authorized representative, all prices quoted for Products and Services are exclusive of all taxes.
6. The Customer must pay to KS any amount the Customer must pay under clause(s) D) 1), 2) 3) 4) 5) in full, despite any right of set-off that the Customer may have.

E-GOODS & SERVICES TAX

1. All prices expressed or described by KS verbally or in writing are GST exclusive prices
2. KS will provide to the Customer a Tax Invoice as specified in the Sales Tax Act 1990

F-INSPECTION AND ACCEPTANCE

1. All Products ordered (through software Portal), inspect such Products upon delivery to the Customers’ premises;

G-RETURNS

1. Customer must notify KS in writing of any Products it wishes to return within 7 days from the date of the invoice relating to those Products.
2. Returns will be subject to KS returns policy as advised to Customer and amended by KS from time to time, the current version of which is set out on Karubari Sahulat (“Returns Policy”).
3. Each claim for the return of Products by the Customer will be dealt with in accordance with the Returns Policy. Any substitute Products to be shipped to Customer in accordance with the Returns Policy will be sent by KS to the Customer by ordinary freight pre-paid.
4. KS will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or by any neglect, improper use.

H-QUOTATIONS

1. Unless previously withdrawn, a quotation is valid for Seven (7) days or such other period as stated therein. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise there from until the Customer’s order has been accepted by KS in writing.
2. KS shall not be bound by any conditions attaching to the Customer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by KS in writing.
3. Prices specified in a Quotation are subject to alteration without notice. Unless otherwise stated in writing by KS, prices quoted shall be exclusive of including sales tax.

I- TITLE AND RISK

1. Products supplied by KS to the Customer will be at the Customers’ risk immediately upon:
2. Delivery of the Products to the Customer, Customers’ Agent or into the Customers’ custody or control; or
3. Collection of the Products by the Customers’ nominated carrier or agent.
4. If the Customer has breached these Terms or the terms of any relevant Sales Contract, the Customer authorises KS, at any time, to enter onto any premises upon which KS Products are stored to enable KS to: a-Inspect the Products; and/or
5. B-Reclaim the Products.

J-ADVICE

1. Any advice, recommendations, information, assistance or service provided by KS in relation to Goods supplied respect of their use or application is given in good faith and shall be accepted without liability on the part of KS and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods.

K-ORDERS

All orders for Products placed by Customer:
1. must be made in accordance with KS’s order policy as amended by KS from time to time, the current version of which is set out on Karubari Sahulat(“Order Policy”); and
2. Are subject to acceptance by KS, and no order will be deemed to have been accepted by KS unless Products are supplied or a back-order or delivery delay is confirmed in writing by an authorised representative of KS to the Customer.
3. KS may reject any order placed by the Customer if there is an insufficient supply of Products which prevents KS from being able to fulfill such order.
4. KS will not be bound by any terms attaching to the Customer’s order and, unless those terms are expressly agreed to in writing by an authorized representative of KS, the Customer agrees that those terms are hereby excluded.

L- DELIVERY

1. Delivery times advised to the Customer are 3 Days and KS will not be liable for any loss, damage or delay suffered or incurred by the Customer or its customers arising from late or non-delivery of the Products.

M-CONTINGENCIES

1. Any charge, sales tax or other expenditure which is not applicable at the date of Quotation or Tax Invoice but which is subsequently levied upon KS in relation to the Quotation or Tax Invoice as a result of the introduction of any legislation, regulation or governmental policy, shall be to the Customer’s account.

N-DEFAULT OF CUSTOMER

1. Without prejudice to any of KS’s other rights under these Terms, if Customer fails to make any payment due to KS under these Terms, KS may, in its sole discretion, and without further liability to Customer:
2. Refuse to make further supplies to Customer under the relevant Sales Contract; and/or
3. Terminate the Sales Contract without notice.

O-CONFIDENTIALITY

1. Customer acknowledges that KS has disclosed and may from time to time disclose to Customer certain confidential information and documentation of KS relating to the Products, their marketing use, software, including technical specifications (“Confidential Information”).

P-GENERAL

1. KS may amend these Terms at any time, by giving Customer notice by mail, e-mail or by posting a notice on KS’s website. By continuing to place orders for Products, Customer will be deemed to have accepted the revised Terms.