Hide Terms and Condition
DEFINITION AND INTERPRETATION
- “Buyer” means Kenyon
International West Africa Company Limited
- “Delivery date” means the date of delivery of goods or
performance of services as specified in the Purchase Order.
- “Delivery Point|” means the location identified by the buyer in
the Purchase Order to which the supplier is to deliver goods and or perform the
services or such other delivery point or area specified in writing by the
buyer.
- “Goods” means the goods that are required to be delivered by the
supplier and includes all materials, component parts, packaging and labeling of
such goods.
- “Purchase Order” means the purchase order between buyer and
supplier for the purchase and sale of goods and/or services to which these
standard purchase terms are attached or are incorporated by reference.
- “Service” means any service to be rendered by supplier to buyer
pursuant to the Purchase Order.
- “Supplier” means the party indicated on the purchase order
contracting with the buyer for the purchase and sale of goods or services.
TERMS AND
CONDITION
- TERMS OF PAYMENT
- Payment shall be made within 45days after delivery of goods/services and receipt of undisputed invoices.
- All invoices shall be addressed to the Accountant.
- TERMS OF DELIVERY
- All goods must be delivered during normal business hour
- Unless otherwise specified in the Purchase Order all deliveries shall be made carriage/packaging free and free from any cost(s) or lien.
- INSPECTION/ACCEPTANCE
- All goods must be delivered at the place and or before the date designated on the Purchase Order and on time.
- Supplier must immediately notify buyer if supplier is likely to be unable to meet a delivery date.
- Title and risk of loss or damage shall pass to the buyer upon receipt of the goods at the delivery point unless otherwise agreed by buyer in writing. Buyer is not under any obligation to obtain insurance while goods are in transit from supplier to delivery point.
- Upon delivery, buyer shall inspect goods supplied to ascertain whether they are in conformity with the terms and conditions of the Purchase Order and shall either reject or accept them.
- All goods accepted shall be receipted.
- Buyers reserves the right to reject all goods delivered in excess of the quantity ordered or damage/defective/substandard or not in conformity with the terms and conditions of this Purchase Order.
- Buyer reserves the right to return rejected goods to supplier at supplier’s expense and risk of loss.
- TAXES
Withholding tax
and VAT shall be deducted by the buyer where applicable and paid to the
relevant Government Agency.
The supplier undertakes and warrants to buyer to supply
only goods that are merchantable in quality, fit for the purpose intended,
unless otherwise agreed by the buyer new, free from defects in design/material
and workmanship, free from any liens or encumbrance, in conformity with samples
provided to buyer, compliant with all Local, State or Federal Laws/Acts.
Supplier shall in the performance/provision of its
services to the buyer maintain all reasonable degree of professionalism/skill
expected of a professional.
- INDEMNITY
- The supplier hereby
indemnifies the buyer against unprofessional services and undertakes to replace
any good supplied:
- Not of merchantable quality
- Not fit for its purpose
- Defective
- Where the supplier refuses
to replace such not merchantable not fit for its purpose or defective goods,
the buyer may deduct it from the payment.
- CONFIDENTIALITY
This Purchase
Order and any other information relating to it that may have gotten by the
supplier in the process of this transaction are all confidential properties of
the buyer and thus the supplier shall keep all in confidence and guard them
with all due diligence and shall not disclose them to any third party without
the prior written consent of the buyer.
The supplier shall
not assign this purchase order or any part of it to a third party without the
prior written consent of the buyer.
- FINAL AGREEMENT
This purchase order
is the final and entire agreement between the buyer and the supplier and
supersedes all prior negotiations, representations, or agreements relating to
this purchase order whether oral or written. Thus, no amendment to this
Purchase Order shall be operational except in writing and signed by both
parties.