Hamilton's Headstone Shop Limited Terms and Conditions of Sale

1. General  
  1.1. In these Terms and Conditions of Sale "the Company" shall mean Hamilton's Headstone Shop Limited, its successors and assigns, or any agents or employees of the Company.
  1.2. "Customer" shall mean the customer or any person acting on behalf of or with the authority of the Customer.
  1.3. "Goods" shall mean all headstones or other like or associated products supplied or services provided by the Company to the Customer.
  1.4. Goods supplied by the Company to the Customer shall be supplied on these terms and conditions of sale ("Terms and Conditions"). If the Customer orders Goods, the Customer shall be deemed to have accepted the Goods upon these Terms and Conditions. Any variation to these Terms and Conditions must be agreed by the Company in writing.
2. Payment  
  2.1. Payment for the Goods installed by the Company shall be made in full without set-off or deduction on or before 30 days following delivery of the Goods ("Date of Payment").
  2.2. Interest may be charged on any amount owing after the Date of Payment at the rate of 1.5% per month until payment for the Goods (and all accrued interest) has been made unless terms have been previously arranged by the Company.
  2.3. All Goods to be picked up by the Customer from the Company's workshop must be paid in full before they can be uplifted.
  2.4. Any expenses, (including legal costs and debt collection) incurred by the company in the enforcement of any rights contained in these Terms and Conditions shall be paid by the Customer.
3. Ownership  
  3.1. Ownership of any Goods supplied by the Company will not pass to the Customer, until all amounts owning by the Customer, to the Company in respect of those Goods and all other Goods supplied by the Company to the Customer, have been received, in full, by the Company.
  3.2. If the Customer deals with any Goods before ownership passes where they become an integral part of other items, ownership of those other items will be vested in the Company in the same proportion that the value of the Goods supplied by the Company bears to the other items.
  3.3. Until payment in full is received, the Company may, without prejudice to any of its other rights or remedies, repossess any of the Goods, whether or not payment may have been received for some, and for that purpose may by its servants or agents, enter any premises where the Goods may be situated and take whatever other action is required in order to repossess the Goods. The Company shall have no liability resulting from the repossession of the Goods and the Customer hereby agrees to indemnify and keep indemnified the Company, its servants and agents, for any alleged liability resulting from the repossession. The Customer shall be liable for all costs (including legal costs on a solicitor-client basis) incurred by the Company arising out of the repossession of the Goods.
  3.4. Until ownership passes to the Customer, the goods are held by the Customer for and on behalf of the Company as fiduciary.
4. Consumer Guarantees Act 1993  
  4.1. Where the Customer is a business (as is defined in the Consumer Guarantees Act 1993), the Customer agrees that it is acquiring all Goods from the Company for business purposes and that the Consumer Guarantees Act 1993 does not apply.
5. Liability  
  5.1. If a claim for damaged goods or faulty workmanship is accepted, the company may at its option:
    (i) Correct or replace the Defective Goods as soon as practicable; or
    (ii) Refund the amount paid by the Customer for the Defective Goods.
  5.2. Under no circumstances are Goods to be returned to the Company unless the damage or defect is accepted and acknowledged by the company.
  5.3. The Company shall not be liable in any circumstances whatsoever for any indirect or consequential loss or damage suffered by the Customer or by any third party arising out of or related to the supply of the Goods.
  5.4. If the Company is held liable to the Customer, or a third party, and the Company cannot rely on the exclusions of representations, warranties or liabilities set out above, then the liability of the Company shall in all cases be limited solely to the contract price of the Defective Goods.
6. Collection and Use of Information  
  6.1. The Customer authorises the Company to collect, retain and use any information about the Customer, for the purposes of assessing the Customer's creditworthiness and enforcing any rights under these Terms and Conditions.
  6.2. The Customer authorises the Company to disclose any information obtained to any person for the purposes set out in 6.1.
  6.3. Where the Customer is a natural person the authorities under paragraphs 6.1 and 6.2 are authorities or consents under the Privacy Act 1993.