Marine Rescue Technologies sMRT AU10 User Manual page 27

sMRT AU10 User Manual v1.8
27
Pay ment of Commercial Debts (Interest) Act 1998;
(iv ) make a storage charge f or any undeliv ered Equipment at its current rates f rom time to time;
(v ) a general lien on all Equipment and property belonging to the Customer, exercisable in respect of all
sums lawf ully due f rom the Customer to the Supplier. The Supplier shall be entitled, on the expiry of 14
day s' notice in writing, to dispose of such Equipment or property in such manner and at such price as it
thinks f it and to apply the proceeds towards the amount outstanding.
(g) All sums pay able to the Supplier under the Contract shall become due immediately on its termination,
despite any other prov ision of the Contract. This clause 6(g) is without prejudice to any right to claim f or
interest under the law, or any right under the Contract.
(h) The Supplier may , without prejudice to any other rights it may hav e, set of f any liability of the
Customer to the Supplier against any liability of the Supplier to the Customer.
7 Delivery of Equipment and Acceptance
(a) The Supplier shall use its reasonable endeav ours to deliv er the Equipment on the date or dates
specif ied in the Supplier's acknowledgement of order, but any such date is approximate only and time is
not of the essence as to deliv ery . If no dates are so specif ied, deliv ery shall be within a reasonable time
of acceptance of the order.
(b) The Equipment shall be deliv ered to the Customer's deliv ery location specif ied in the Supplier's
acknowledgement of order or such other location agreed in writing prior to despatch. Equipment may be
deliv ered by the Supplier in adv ance of the quoted deliv ery date on giv ing reasonable notice to the
Customer.
(c) Deliv ery shall be made during normal business hours (excluding bank or public holiday s). The Supplier
may lev y additional charges f or any deliv eries made outside such hours at the Customer's request.
(d) The Customer shall be responsible (at the Customer's cost) f or preparing the deliv ery location f or the
deliv ery of the Equipment and f or the prov ision of all necessary access and f acilities reasonably required
to deliv er the Equipment. If the Supplier is prev ented f rom carry ing out deliv ery or installation on the
specif ied date because no such preparation has been carried out, the Supplier may lev y additional
charges to recov er its loss arising f rom this ev ent.
(e) The Customer shall be deemed to hav e accepted the Equipment when the Customer has had 5 day s
to inspect it af ter deliv ery and has not notif ied the Supplier in writing under clause 12(b).
(f ) The Supplier shall be responsible f or any damage, shortage or loss in transit, prov ided that the
Customer notif ies it to the Supplier (or its carrier, if applicable) within three day s of deliv ery or the
proposed deliv ery date of the Equipment and that the Equipment has been handled in accordance with the
Supplier's stipulations. Any remedy under this clause 7(f ) shall be limited, at the option of the Supplier, to
the replacement or repair of any Equipment which is prov en to the Supplier's satisf action to hav e been
lost or damaged in transit.
(g) The Customer shall be responsible f or comply ing with any legislation gov erning the importation of the
Equipment into the country of destination, and subsequent the export and re-export of the Equipment. If
in order to acquire or use the Equipment it must be registered with any gov ernmental authority , it is the
Customer's responsibility to obtain and maintain such registration and to pay any associated costs,
expenses or taxes.
8 Risk and Property
(a) The Equipment shall be at the risk of the Supplier until deliv ery to the Customer. The Supplier shall
of f -load the Equipment at the Customer's risk.
(b) Ownership of the Equipment shall pass to the Customer on the later of completion of deliv ery
(including without limitation of f -loading), or when the Supplier has receiv ed in f ull in cleared f unds all sums
due to it in respect of :
(i) the Equipment; and
(ii) all other sums which are or become due to the Supplier f rom the Customer on any account.
(c) Until ownership of the Equipment has passed to the Customer under clause 8(b), the Customer shall:
(i) hold the Equipment on a f iduciary basis as the Supplier's bailee;
(ii) store the Equipment (at no cost to the Supplier) in satisf actory conditions and separately f rom all the
Customer's other equipment or that of a third party , so that it remains readily identif iable as the Supplier's
property ;
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