Delivery and Returns:

• The Buyer agrees to be held liable for any damages caused during the delivery if the site(s) as agreed notified by the Buyer to C-MART are unsuitable or unsafe for the purpose of the delivery.
• Any vehicle used to deliver goods will not be moved from the roads, hard standing or other suitable off-loading sites, unless the driver is specifically requested to do so by the Buyer or their agents or representatives. In the event that such a vehicle move is requested (see clause 6 below), the Buyer will be responsible for any damage to vehicle or site that may be caused.
• C-MART will allow a reasonable time for the driver to find a safe site and allow the vehicle to discharge its load unhindered. Any delays incurred which result in an extra charge levied by the company responsible for delivery, will result in such extra charges being passed on to the buyer.
• COIR Products requiring special appliances for unloading (i.e. forklift truck) and such appliances are made available by the Buyer at the stated destination.
• The driver delivering any C-MART product has the total right of judgement on the safe discharge at any site.
• Each delivery or consignment shall constitute a separate contract. Failure to deliver one delivery shall not invalidate the contract as a whole, or entitle the buyer to cancel the remainder of the contract.
• All claims based upon defect of quantity, quality or condition of goods as delivered to the Buyer, which should be apparent upon reasonable examination, shall be made immediately known by email to C-MART. Written confirmation must be received by C-MART within three business days of the arrival of the Coir or other C-MART product at the destination to which they have been consigned. In the event of no written complaint being made within the specified time, the Buyer will be held to have accepted the material as fit for purpose.
• While C-MART will make every effort to supply goods strictly in accordance with the quality or specification ordered, if any of the goods supplied are proved to be defective or not of the correct quality or specification ordered, C-MART’s liability will be limited only to the replacement at its own expense of the goods shown to be unsatisfactory within 6 months.
• C-MART will not be liable for the consequential loss or damage caused or arising by any reason or any fault in the goods or materials supplied and it is specifically declared that defects which become apparent only after the materials have been used will not entitle the Buyer to claim in excess of the invoice price of the goods so supplied.
• No goods will be accepted for return unless by prior arrangement, when a 20% handling charge may be levied by C-MART as to defray costs.

Force Majeure:

In the event of war, invasion, act of foreign enemy hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection or military or usurped power, C-MART shall be relieved of liabilities incurred under this contract wherever and to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or by statue rules, regulations, orders or regulations issued by any Government department, council or other duly constituted authority or from strikes, lockouts, breakdowns of plant or any other causes (whether or not of a like nature) beyond C-MART’s control.

Delays

• Any delivery date given within the contract is to be seen as a guide only. C-MART cannot be held liable for delays beyond their control including acts of God or delays caused by action carried out by third parties.

Title

• Title to goods supplied, or any consignment thereof, shall remain with C-MART until payment in cleared funds is received by C-MART in full without any deductions or withholding (including VAT and delivery charges if applicable). At any time and until full payment has been made, C-MART shall be entitled to recover goods (or the consignment in question) and for this purpose, the Buyer hereby gives license to C-MART or its Agents and Servants to enter upon the premises where the goods may from time to time be situated for the purpose of recovering the same. Where this is necessary, C-MART reserves the right to pass on all costs including transport and warehousing incurred in the collection of goods for which payment remains overdue.

Payment Terms

• All invoices, unless notified in writing by C-MART are pro-forma.
• The Buyer agrees to pay the invoice without deduction or set-off.
• Payments made will be transfer to the C-MART’s bank account. C-MART’s bank account details will be as printed on the latest invoice. Payment by check may be permitted by written agreement from C-MART. Payment in full is due with the acceptance of the Buyers written order, unless notified and agreed to in writing by C-MART with order.
• C-MART reserves the right to cancel the order if payment becomes overdue.
• C-MART reserves the right to re-allocate any consignment if C-MART cancels an order.
• The Buyer agrees to reimburse C-MART in full for all and any additional costs incurred including those by Customs & Excise during shipping and transportation.
• C-MART reserves the right to pass on all costs incurred in the collection of overdue accounts.