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Terms and conditions of trading

Transcribed from the archived page /terms_of_sale.htm (snapshot of 19 February 2001). Reproduced for the historical record.

  1. “ALVO” means ALVO (Fiji) Ltd trading as Jetski-Safari and the “customer” means the party placing an order for the purchase of goods and services or requesting that ALVO perform work and labour for the customer. Order or request refers to an order for goods or services performed by ALVO
  2. Each order and/or request for goods and services is subject to acceptance by ALVO. In the event an order or request for goods and services is not rejected orally or in writing by ALVO within seven days of the date of receipt, that order or request shall be deemed to have been accepted by ALVO
  3. All contacts between ALVO and the customer for the sale of goods or for work to be performed shall be construed according to the laws of Republic of Fiji in which the services or goods were delivered. The jurisdiction for the hearing of any dispute arising out of any contract between ALVO and the customer for the sale of goods or work to be performed shall be Republic of Fiji.
  4. No order for services or sale of goods shall be cancelled or be varied without the written consent of ALVO. In the event the customer purports to cancel any order or request, such attempt may at ALVO election be construed as a repudiation of the contract between the parties and the customer shall pay to ALVO all losses, damages, costs, interest fees, charges including payable to both ALVO and its suppliers if any, and the expenses incurred or suffered by ALVO as a result of the of the repudiation of the contract.
  5. Any credit account approved by ALVO for the customer relating to trading between ALVO and the customer is granted by ALVO on the basis of information supplied by and representation made on behalf of the customer, and in particular, on the information disclosed by the customer in relation to the ownership of the customer as set out in the application for the account. For that reason, the customer shall inform ALVO of any changes in the ownership of the customer whether total or partial, by forwarding to ALVO notice in writing of that change by prepaid security post or its equivalent. Until such a notice is received by ALVO the customer and if it is company or trustee, each of the directors thereof shall bold ALVO indemnified against all losses, unpaid accounts interest, damages, costs, charges, fees and expenses of whatsoever nature incurred or suffered by ALVO in trading with any person, company or other entity which my have purchased the customer business or any interest therein or any of the shares in the customer’s previously approved credit account for that trading.
  6. Unless otherwise agreed, the customer shall pay all monies to ALVO by cash. In the event ALVO approves a credit account for the customer, the customer shall unless otherwise agreed in writing pay ALVO by the end of calendar month following the month in which the customer is invoiced. In the event payment is not made in accordance with this terms, ALVO shall be liberty to charge the customer and be paid interest on the outstanding balance from the date of invoice until the date of payment at the rate charged by ANZ bank in respect of a standard overdraft facility of the sum of $ 100000. Payments received By ALVO may be credited first against accrued interest, second against any costs or expenses payable by the customer to ALVO and thereafter the debt. In the event of any default in payment by the customer all monies owing by the customer to ALVO on any account whatsoever shall at ALVO option become immediately due and payable in full by the customer.
  7. Should ALVO be prevented from delivering goods or commencing or completing work by reason of delay by suppliers to ALVO, lockouts, strikes, riots, fires, inclement weather, delays, loss or damage in transit, war, civil commotion, government action or unexpected or exceptional circumstances beyond ALVO’s control, the time for delivery of goods or performing of work shall be extended until the operation of the cause or causes preventing delivery or performing of work has ceased or the order or request may at ALVO’s opinion be annulled without any penalty or expenses to or claims against ALVO.
  8. Any claim by the customer relating to any defect in supplied goods or defect in work performed by ALVO for the customer, or any shortage or other nonconformity to an order for goods or request for work to be performed shall be made in writing and delivered by security mail or its equivalent to ALVO. Unless such written claim is received by ALVO within the specified period, the customer shall be deemed to have accepted the condition of the goods, conformity of the goods to the order and/or completion of the work according to the customer’s request. Notwithstanding that a claim has been made by the customer, the customer shall pay for the goods and/or work pending determination of the claim by ALVO
  9. No goods corresponding with order shall be returned to ALVO by the customer without the written consents to the return of goods, ALVO shall not be required to accept such a goods by way of return unless
  10. (a) The delivery charge for the return to ALVO of the goods is paid by the customer.
  11. Any credit facility granted by ALVO to the customer shall continue until terminated by ALVO by its sole discretion. Termination by ALVO of any credit facility shall be by notice in writing to the customer and shall take effect upon receipt of that notice by the customer as referred to in these items
  12. The customer shall forthwith give notice to ALVO of the change of address, telephone number, facsimile, E-mail or address for delivery
  13. All prices charged by ALVO are subject to change without notice. Unless otherwise agreed in writing, prices quoted by ALVO will be quoted ex ALVO warehouse from which the goods are shipped or, in the case of work to be performed, from the place at which ALVO operates
  14. Subject to any express written warranty otherwise given by ALVO, and subject to any statutory warranties express or implied which by law cannot be excluded, all warranties conditions and representations whether express or implied are expressly negated. Where a warranty or condition are implied by law, ALVO’s liability to the extent that same can be so limited to one of the following at the election of ALVO in the case of goods:
  15. (a) replacement of the goods or supply of the equivalent goods
  16. (c) payment of the goods or acquiring equivalent goods, or
  17. (d) payment of the cost of having the goods repaired and in the case of services:
  18. (a) the supply of the service again, or the payment of the cost of the service.
  19. Failure by ALVO to insist upon strict performance of any term of any contract between the parties or of any term hereof shall not constitute a waiver thereof or a waiver of any similar or subsequent breach and the rights of ALVO to enforce these terms and those in other contract shall remain valid and subsisting.
  20. Unless otherwise agreed, risk shall pass to the customer upon delivery. Notwithstanding that risk my have passed to the customer, property and title in any goods sold by ALVO shall remain with ALVO until receipt by ALVO of the purchase price of goods as invoiced by ALVO. Until such time as property and title in the goods passes to the customer, the customer shall hold the goods as bailee for ALVO. If the customer sells the goods to third party prior to paying ALVO the purchase price thereof, ALVO shall be entitled to and be paid so much of the price paid by that third party as is necessary to satisfy the monies owing to ALVO. The customer shall not otherwise in any way part with possession or dispose of the goods until payment has been received by ALVO for those goods. The customer shall at all times keep the goods insured and maintain the goods in safe and marketable condition and in manner so that the goods are readily identifiable. In the event the customer defaults in payment of any monies owing to ALVO or any term hereof or of any contract between the parties or any credit facility is terminated by ALVO. ALVO should be entitled at its election to the immediate return of the goods and shall have the right to enter, and is hereby expressly authorized to enter, upon the premises of the customer or any other premises at which the goods are stored to re-possess the goods. In the event the permission of any third party is required for the access to repossess the goods the customer shell obtain that permission at its own expense. Upon the re-possession of the goods by ALVO, ALVO shall be entitled to re-sell the goods for the best price it can obtain and to be paid by customer any and all shortfall between that sale price and the debt owing to ALVO together with the damages suffered by ALVO as a result of the default by the customer, such damages to include but not be limited to the legal costs and other expenses incurred in obtaining possession of the goods. The customer shall have no claim against ALVO for any damages or other monies whatsoever if ALVO re-possesses or atempts to re-possess the goods. The rights of ALVO here under are in addition to any other claim or rights ALVO has under any other term hereof or under any other contract between the parties.
  21. The legal cost, stamp duty and other expenses incurred by ALVO in respect of any application for credit facility, any written agreement with ALVO of whatsoever nature, any guarantee, security documents or other documentation required for the trading between the parties or other costs incidental thereto shall be paid the customer upon invoicing by ALVO or on such other terms as are agreed to by the parties.
  22. These terms may be amended, replaced or deleted from time to time by ALVO and those terms as so altered shall form the contract between the parties in relation to orders and request made or placed after notice of the altered terms has been forwarded to the customer in accordance with this terms.
  23. Any notice given by ALVO to the customer shall be deemed to have been properly given if such a notice is either posted by pre-paid postage to the last known business address of the customer to ALVO (whereupon receipt of the notice shall be deemed to have been received by the customer two business days after posting by ALVO) or by transmitting such notice by facsimile transmission to the last known facsimile number of the customer to ALVO or by E-mail transmission to the last known E-mail address of the customer to ALVO or by personal delivery to the last known business address of the customer to ALVO (in which cases receipt of the notice shall be deemed to the date of such transmission or delivery).
  24. Any notice given by the customer to ALVO shall be deemed to have been properly given if such notice is posted by security post and shall be deemed to have been received by ALVO upon delivery of that notice by Post to ALVO.
  25. Notwithstanding that the customer my conduct a credit facility with ALVO, ALVO shall not be obliged to deliver goods or perform work until all monies owing and overdue to ALVO by the customer for prior orders and/or request are paid to ALVO. In the event ALVO elects as a result of the customer’s prior indebtedness to ALVO to retain possession of goods or equipment the delivery or completion date referred to in any request or order shall be replaced by date being thirty days from the date of satisfaction by the customer of the customer’s prior indebtedness to ALVO.
  26. In the event the customer is in default of any term or condition of any order or request and the customer has been in default thereof for a period of seven days ALVO at its election at any time thereafter shall be a liberty to cancel any or all orders or requests yet to be completed or fulfilled and to recover from the customer any or all losses, damages, costs, interest, fees, charges (including handling charges payable to ALVO and its suppliers) and all expenses incurred and suffered by ALVO as a result of the customer default and the subsequent cancellation. The Customer shall have no recourse against ALVO as a result of any such a cancellation.
  27. These terms and conditions and terms and conditions implied by statue constitute the contract between the parties. Any terms and conditions endorsed on any other document pertaining to any order or request and in particular, on any order form or request form produced by the customer are expressly negated and do not form part of the contract between the parties unless ALVO has specifically adopted in writing those terms and conditions.