1 Time for payment shall be of the essence of the Contract. Without prejudice to any other rights of the Company if the Buyer fails to pay the invoice price by the due date the Buyer shall not be allowed any discount given in that invoice and shall pay interest on any overduw amount from the date on which payment is due to that on which it is made (whether before or after judgment) on a daily basis at a rate of 24% p.a. and also to relmburse to the Company all costs and expenses (including legal costs on a full indemnity basis) incurred in the collection of any overdue amount.
2 Any claim for non-delivery or defect of any Goods or other matters shall be notified in writing by the Buyer to the Seller within 10 days of the Goods arriving at the delivery point agreed by the Seller.
3 The Seller shall be afforded reasonable opportunity and facilities to investigate any claims made by the Buyer.
4 Under no circumstances shall the Seller have any liablity of whatever king for:
1 any defects resulting from wear and tear accident improper use by the Buyer otherwise than in accordance with the instructions or advice of the Seller or the manufacturer of any Goods;
2 the suitability of any Goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company;
3 any descriptions, illustrations, specifiactions, figures as to performance, drawings and particulars of weights and dimensions submitted by the Seller contained in the Seller's or manufacturer's catalogues, price lists or elsewhrere since they are merely intended to represent a general idea of the Goods and not to form part of the Contract or be treated as representations;
4 any variations in the quantities or dimensions of any Goods or changes of their specifications or subsitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the Goods, and the substituted materials or components are of a quality equal or superior to those originally specified.
5 The Seller may at its discretion suspend or terminate the supply of any Goods if the Buyer fails to make any payment when due or otherwise defaults in any of its obligations under the Contract or any other agreement with the Seller.
6 If the Buyer establishes that any Goods have not been delivered or do not comply with their description the Seller shall, at its opinion, replace with similar goods any Goods which are missing, lost or damaged or do not comply with their description, allow the Buyer credit for the invoice value or repair any damaged Goods.
7 Where the Seller is adjudged liable in respect of only part of the Goods the Contract shall remain in full force in respect of the other or other parts of the Goods and no set-off deduction or other claim shall be made by the Buyer against of in respect of such other or other parts of the Goods, or other agreement or contract.