Terms And Conditions

CONTRACT OF SALE

GENERAL CONDITIONS OF SALE/HIRE OF GOOD HEALTH (CI) LTD ("The Owner")

1. The execution of all orders and contracts is subject to contingencies beyond our control and we cannot be held responsible for any delay, damage or loss whatsoever arising from war, Government requisitions of any kind, suspension of means of transport, loss of steamer, strikes, lock-outs, fire, floods, accident, failure of any third party to supply us, or anything directly interfering with the raw materials, manufacture, supply shipment, arrival of delivery of goods. All tenders and/or quotations are based upon present costs of production, transport charges and manufacturer's prices. In the event of our being called upon to meet any advance in the price of raw materials, wages, transport, etc., we reserve the right to increase our prices.

2. Any query with regard to the material supplied should be raised within 7 days from receipt of invoice.

3. In case of non-payment of any account when due, the Owner reserves the right to stop any further deliveries until all areas are paid, or to cancel any contract as to all or any parts of future deliveries.

4. Where delivery is to be effected to job, it is understood that the site must be safe for full lorry loads of materials and of easy access and that every assistance must be given for the prompt unloading of such loading.

5. No warranty, express or implied, is given as to the life or wear of the goods supplied, nor that they will be suitable for any particular purpose or for use under specific conditions, notwithstanding that such purpose or conditions may be made known to the Owner. No liability can be accepted for any consequential loss or damage whatsoever. In the case of other makers' specialties supplied by the Owner, the Owner's liability is limited to that accepted by the makers thereof.

6. The property in the materials shall not pass to the Buyers until the Buyer has paid to the Owner the whole price thereof, but all risk in such materials shall be borne by the Buyer from time of delivery, or from time of collection by the Buyer.

7. The Owner reserves the right to enter premises, or sites, owned by the Buyer, or under the Buyers control, or being worked on by the Buyer, to retake possession of any goods in respect of which payment or part payment is outstanding.

8. Extended Credit Surcharges of not less that 3% per month will be charged on overdue balances.

CONTRACT OF HIRE

The hired item(s) are hereinafter referred to as the Plant.

GOOD HEALTH (el) LTD, is the Owner or Bailee of the Plant is hereinafter referred to as the Owner.

(i) Responsibilities of Person Signing

The person signing the contract warrants that he has authority of the Hirer to make this contract on the Hirer's behalf. The said person hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner if this is not so.

The said person hereby acknowledges that he has been instructed in the operation and use of the Plant. The said person and the Hirer jointly and severally hereby undertake to ensure that no one uses the Plant who is not properly instructed and shall not allow the Plant to be misused.

(ii) Delivery in Good Order

The person signing the contract, acknowledges having been afforded an opportunity to inspect the Plant, and is hereby deemed to be in good working order and wholly free from any defect and/or damaged at the time of delivery.

(iii) Hirer's Responsibility - Third Party

The Hirer shall at all times and in all respects indemnify the Owner against and from, any and every expense, liability, loss, claim or proceeding whatsoever in respect of any personal injury whatsoever, (including but without prejudice to the generality of the foregoing, injury to the Hirer (if the same is possible) and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property whatsoever (including the Plant) arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Plant or any part thereof.

(iv) Lost, Non-Returned, Damaged or Unclean plant

When the Plant is reported lost or is not returned when the termination of the hire is requested by the Hirer, the hire will be deemed to end when the Hirer pays to the Owner the Manufacturer's current price list. The Hirer agrees to pay the Owner all costs incurred by the Owner in rectifying the condition of the Plant returned damaged or unclean. Hire charges will continue until such rectification is complete.

(v) Termination of Hire

The Owner shall be entitled at any time and for any reason whatsoever, without explanation, to terminate this contract (such termination to be effective immediately) and to repossess the Plant or any part thereof.

(vi) Rights of Access

The Hirer hereby authorizes the Owner (upon production of this document) to enter upon any premises wherein the Owner reasonably believes any plant, or any part thereof to be, and if, and in so far as, the Owner in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.

Law

All contracts whether of sale and/or hire, and all rights, and obligations of the parties shall be governed by Jersey Law and the parties hereby submit to the exclusive jurisdiction of the Courts of the Bailiwick of Jersey.