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The sale of any Ansa Building Solutions Guyana Inc. (“ABSGI”) product is subject to these terms and conditions of sale. In these terms and conditions, the following definitions shall apply:
· “Seller” refers to ABSGI
· “Buyer” means the entity or consignee and/or its agents named on the sales order and/or invoice.
· “Goods” means the ABSGI products documented on the estimate, pro-forma, sales order and/or invoice and includes Non-Standard or Special products or custom items.
· “Standard products” means any goods manufactured or supplied by the Seller and which are available ex-stock.
· “Non-Standard” or “Specialty Products” means goods manufactured or supplied by the Seller which are non-stocking or custom items which are made in accordance with the Buyer’s specifications.
1. A contract for the sale shall be created once the Buyer affixes his/her signature to the sales order, estimate, pro-forma, or invoice and shall constitute acceptance of these terms of conditions of sale. The Seller shall not be obligated to fulfil the Buyer’s order for Goods until the Buyer’s signature has been affixed in the manner aforesaid.
2. The Goods should be inspected thoroughly by the Buyer at the time of delivery for any non-conformance or defect before the Buyer accepts them. The signing by the Buyer or his/her agent of the invoice and/or delivery note shall constitute acceptance of the Goods “as is”.
· With respect to breakage (“breakage” refers specially to clay and concrete products) upon delivery, the Buyer must notify the Seller of such breakage within forty-eight (48) hours of discovery. Upon receipt of such notification by the Buyer, the Seller shall dispatch a representative to investigate the Buyer’s claims. In the event that the Seller determines that breakage is as a result of a manufacturing defect in the Goods the Buyer’s only remedy shall be the replacement of the Goods.
· Prices of Goods and/or Specialty Products (for paint products) should be checked thoroughly by the buyer at the time of delivery for any damage, shortage and/or non-conformances before they are accepted by the Buyer. The signing by the buyer, his agent and/or his representative of the invoice shall constitute acceptance of the Goods and/or Specialty Products “as is”.
3. A restocking charge of 10% of the value of the item(s) shall be applied to all Standard products, which have been returned after having been delivered in accordance with the Buyer’s instructions, this charge shall not apply to Goods returned that are deemed defective by the Seller.
4. The Seller shall not accept returns of Non-Standard or Specialty Products, which have been delivered in accordance with the Buyer’s instructions.
5. All Goods and/or Specialty Products must be paid for prior to delivery for the customer not subject to credit terms.
6. Title to the Goods shall remain with the Seller until full payment for same is received. The Buyer shall assume the risk for the Goods upon delivery.
7. The Seller will honour the selling price on uncollected goods which have been paid for in advance up to a period of 30 days. Any uncollected goods after a period of 30 days may be subject to price fluctuations and/or stocking charges.
8. Interest will be charged at the rate of 1% per month on the Goods or any part thereof for which the Buyer has not taken delivery beyond twenty-one (21) days from the date of order.
9. Finance charges of 2% per month shall be charged on the Goods or any part thereof on any overdue balances which remain unsettled at the end of the following month after which the goods were delivered.
10. The Buyer shall be responsible for all and/or any additional expenses incurred as a result of debt collection by the Seller in the recovery of any and/or all outstanding balances.
11. Payment terms for credit customers are that – invoices must be settled not later than the end of the month following the date of invoice.
12. Sales to credit customers are subject to these terms and conditions and payments relative to the terms as stated above.
13. Prices of Goods and/or Specialty Products are inclusive of Value Added Tax and does not include the cost of delivery.
14. The seller shall not under any circumstances be liable for any direct, indirect, or consequential loss or damage suffered by the Buyer in connection with the sale and/or use of the Goods and/or Special Product including but not limited to lost profits and opportunity costs. The seller’s liability shall be limited to the repair and/or replacement of Goods and/or Specialty Product. In any event liability for any damages shall be limited to the purchase price of the Goods and/or Specialty product.
15. Exchange of Goods (paint products) that are, undamaged and totally intact, shall be subject to the colour and date of manufacture and such exchange shall be at the sole discretion of the seller.
16. Any variations or waiver of the terms and conditions herein (including any special terms and conditions agreed between the parties) shall not be valid unless agreed in writing between the parties.
17. The Seller – reserves the right to amend the forgoing terms and conditions at any time without prior notice.
18. The Buyer may have additional rights under the manufacturer’s warranty (for paint products) prior to acceptance of these terms and conditions of sale.
19. The Seller shall not be deemed to be in default or responsible for any delays or failure in performance of its obligations under these terms and conditions as a result of acts of God, war, civil disturbance, strikes, unavailability of labour, materials, power or any other caused beyond the Seller’s control. These terms and conditions of sales are governed by the laws of Guyana.