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Purchase Price: a) All sales are made by C R Kennedy at its ruling price at the time of delivery b) Government imposts, including any CST will be to the Customer's account c) Price lists exclude all imposts unless expressly noted thereon. Security For Payment: The Customer agrees upon request, to charge in Cavour of C R Kennedy (i) by way of a firm charge all its books of account, financial records, goodwill, documents of title current later acquired genuine property intellectual property (ii) by way of a floating charge, the total of the Customers other undertaking, property assets, with payment of all monies owed to C R Kennedy. Forward Orders: The Customer agrees a) to pay for so much of any forward order as is invoiced by C R Kennedy b) that no delay or failure to fulfill any portion of any order shall entitle the Customer to cancel or vary any order or delay or decrease any payment. An agreement made between the persons named in the Schedule hereto (hereinafter called the owner’ which expression shall where the context admits include the successors in the title of the owner) of the one part and the persons named in the Schedule hereto (hereinafter called the direr’) of the other part. Agreement for Hire: The owner shall let and the direr shall receive on hire all and singular the equipment as specified in the schedule hereto (hereinafter referred to as the equipment) for the specified period as set out in the schedule hereto. All warranties, conditions and stipulations as to the correct operation, fitness, quality and suitability of the equipment are expressed negative: The direr acknowledges that he is liable and responsible for ensuring that the equipment functions and operates correctly. The direr acknowledges that he has thoroughly examined the said equipment and fully understands the operation and functioning of the said equipment. The direr shall indemnify and retain indemnified the owner in respect of any actions, suits, proceedings, costs, claims and demands brought or made by any person or persons, corporation or corporations, authority or authorities in respect of any damage, injury, loss or alleged ravage injury or loss in consequence of or arising out of the operation of the equipment by the direr or his employees or agents. Misuse, abuse and negligence: If the equipment is misused, abused or subject to careless care or operation and there is resultant devastate or loss then the direr will be probable in packed to reimburse the owner the full cost price to the owner without depreciation.Read more...
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