1. These conditions shall apply to this contract unless varied in writing by Mine Site Construction Services .
2. Without prejudice to any other rights it may have Mine Site Construction Services terminate this agreement for any breach of the Sellers obligation.
3. If the Seller is to supply goods to Mine Site Construction Services then;
(a) If the Seller is expressly or impliedly made aware of the purpose for which the goods are required then the goods must be suitable for such purpose.
(b) The goods shall be of the best quality of the type ordered.
(c) The goods shall be to Mine Site Construction Services satisfaction.
(d) If the Seller is expressly or impliedly made aware that the goods are intended for a particular customer of Mine Site Construction Services then the goods shall be in accordance with the customers requirements.
(e) If the Seller is expressly or impliedly made ware that the goods are required by a particular date and that Mine Site Construction Services will suffer loss if there is a delay in delivery the Seller shall be liable for any such consequential loss.
4. If the Seller is to do work for Mine Site Construction Services then;
(a) The work shall be done skilfully and shall be suitable for the purpose for which it is required by Mine Site Construction Services. (b} The work shall be to Mine Site construction Services satisfaction.
5. The Seller shall ensure that Mine she Construction Services or any Nominees of Mine Site Construction
Services shall be able to inspect and te$t all goods being supplied or work being done under this contract.
Inspection, testing and the results thereof shall not diminish the Seller’s responsibility.
6. Mine Site Construction Services may reject work and goods not in accordance with this contract. Acceptance of work and goods shall not relieve the Seller from any liability.
7. The Seller shall perform all its obligations within the time stated in the order,but if no time is stated then in a reasonable time.
8. Property shall pass to Mine Site Construction Services when Mine Site Construction Services has accepted the goods.
9. Even if the Seller has performed his obligations Mine Site Construction Services may terminate this contract for any reason whatsoever and shall only be responsible to reimburse the Seller for moneys reasonably expended by the Seller on performing this contract to the date of termination if this contract to the date of termination if this contract is terminated under this clause.
10. Payment – 30 Days from end of Calendar Month of Invoice date unless otherwise agreed by Mine Site Construction Services.
11. No goods shall be deemed to be authorised or accepted for payments unless accompanied by an official company purchase order number.