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Conditions of Sale

Acceptance of goods specified on an invoice constitutes a contract between Agility Exports Inc ("the Company") and the Customer ("the Buyer") in respect of those goods at the value stated, in accordance with the payment terms specified by the Company to the Buyer. The Buyer or their representative either signing an invoice, or accepting an invoice without raising an objection in writing within 7 days of it being sent, constitutes the Buyer's acceptance that this contract and the rights and obligations of all parties shall be governed solely by these Conditions of Sale. These Conditions supersede any and all other terms and conditions, howsoever, whensoever and wheresoever communicated, stated, written or implied — including any terms treating of matters not mentioned herein, which shall not apply. Any conflicts of interpretation shall be governed solely by these Conditions of Sale.

Payment

Payment for cash invoices is due upon receipt of goods. If prepayment is required, delivery is due as soon as practicable after cleared prepayment is received by the Company. Charge invoices must be settled in full in accordance with the payment terms specified in the Buyer's approved credit application. No discounting or withholding of payment for any reason is permitted without prior written approval from the Company. Unpaid overdue balances may be subject to a finance charge until paid, and title to goods remains with the Company until full payment of the invoice is received.

Warranty

The Company gives warranty in respect of goods consistent with that given by the manufacturer. Where the manufacturer provides no stated warranty, the Company warrants the goods to be within regulatory compliance and product specification, satisfactory as to quality control, and free from defects due to faulty materials or manufacture for 90 days from the date of purchase.

Warranty Claims

If, within the warranty period, the Buyer gives notice to the Company of any defect arising under proper use — from deficiency in product specification, quality control, or faulty material or manufacture — the Company may at its sole discretion remedy the defect without cost to the Buyer. The Company reserves the right to decide the settlement of any valid warranty claim (whether to repair, replace, or refund), and any such decision of the Company is final. In the case of a warranty claim, the Buyer is responsible firstly for obtaining return authorisation from the Company, and then for returning the product in suitable transport conditions as specified by the manufacturer.

Limitation of Liability

The Company shall not be liable under any circumstances whatsoever for any loss (including injury, damages and delay) or any consequence of any loss arising out of any cause beyond the Company's direct control. This includes, but is not limited to: hurricanes, earthquakes, floods, other acts of God, war, terrorism, civil unrest or disputes, pandemics or other health emergencies, government-imposed restrictions, supply chain disruption, or any malfunctioning, failure or defect in any goods, or any loss of use of an item or goods. Any liability arising from a valid warranty claim shall be limited to the price paid by the Buyer for the goods.

Buyer's Responsibility and Indemnity

It is ultimately the sole responsibility of the Buyer to determine the fitness of goods for the purpose for which the Buyer intends them to be used, and the environment in which they will be used. The Buyer must also take all necessary steps to ensure goods are properly stored according to manufacturer specifications and used in such manner as will be safe and without risk of injury, risk to health, or risk to product quality. The Buyer hereby indemnifies and holds the Company harmless from any claim whatsoever arising in any circumstances connected with the ordering, delivery, receiving, purchase, use, storage or disposal of any goods and/or services provided, whether charged for on an invoice or not.

Returns

Apart from a valid warranty claim, the Company will consider and determine through its standard returns process whether goods for return may be accepted, and whether to repair, replace or refund. The decision of the Company is absolute and final. Apart from an alternative agreement in writing which specifies other goods-return arrangements between a Buyer and the Company, the following conditions apply:

  1. All claims and returns of goods must be accompanied by the invoice for the goods.
  2. Goods must be returned within 30 days of invoice date.
  3. Goods for return will only be accepted in original packaging and condition. Goods which are used, soiled, defaced, broken or subjected to any damage whatsoever cannot be accepted.
  4. Goods can only be accepted for return before the expiry date. Where an expiry date states a month but not the day, the date is generally accepted to be the last day of the month stated.
  5. Goods for return will not be accepted where the Company has any evidence or reason to believe that the goods have not been stored in suitable conditions. For goods requiring cold storage, from the point that the goods pass from the control of the Company's designated delivery personnel to the Buyer or their representative, those goods are not eligible for return due to quality control standards.
  6. It is not a valid reason for return that, subsequent to a purchase, a Buyer believes the goods may be available elsewhere on terms or at a price which the Buyer would prefer.

Damages and Discrepancies at Delivery

While the Company will take every care to supply and deliver goods to the Buyer in good condition and accurate according to the invoice, it is the Buyer's responsibility to note and report damages and discrepancies at the time the goods are delivered — whether by sending back the goods or noting the damage or discrepancy on the invoice. The Company cannot accept responsibility for goods after they have been delivered and signed for as satisfactory.

Delivery Fees

Orders for local delivery of a value less than US$50 will incur a standard delivery fee of US$6 + VAT. Where goods on an order are returned making the value of goods delivered less than US$50, the delivery fee becomes due and payable, and this will be reflected in documentation covering the goods supplied and returned.

Dishonoured Cheques

The Buyer agrees to pay a fee of US$40.00 (or local equivalent) on all dishonoured cheques, and to make good in cash the cheque amount and the fee immediately on being notified of the default. Further, the Buyer agrees to pay all charges applicable to collection of the entire amount thus owed.

Governing Law

These Conditions of Sale shall be governed by the Laws of Barbados. No point or part hereof being found in a court of law in Barbados to be at variance with the said Laws shall render invalid or nullify the effect of any other point or part of these Conditions of Sale, and all other parts not so found to be at variance shall remain in full force and effect.

Terms and Conditions

Conditions of Sale

Acceptance of goods specified on an invoice constitutes a contract between Agility Exports Inc ("the Company") and the Customer ("the Buyer") in respect of those goods at the value stated, in accordance with the payment terms specified by the Company to the Buyer. The Buyer or their representative either signing an invoice, or accepting an invoice without raising an objection in writing within 7 days of it being sent, constitutes the Buyer's acceptance that this contract and the rights and obligations of all parties shall be governed solely by these Conditions of Sale. These Conditions supersede any and all other terms and conditions, howsoever, whensoever and wheresoever communicated, stated, written or implied — including any terms treating of matters not mentioned herein, which shall not apply. Any conflicts of interpretation shall be governed solely by these Conditions of Sale.

Payment

Payment for cash invoices is due upon receipt of goods. If prepayment is required, delivery is due as soon as practicable after cleared prepayment is received by the Company. Charge invoices must be settled in full in accordance with the payment terms specified in the Buyer's approved credit application. No discounting or withholding of payment for any reason is permitted without prior written approval from the Company. Unpaid overdue balances may be subject to a finance charge until paid, and title to goods remains with the Company until full payment of the invoice is received.

Warranty

The Company gives warranty in respect of goods consistent with that given by the manufacturer. Where the manufacturer provides no stated warranty, the Company warrants the goods to be within regulatory compliance and product specification, satisfactory as to quality control, and free from defects due to faulty materials or manufacture for 90 days from the date of purchase.

Warranty Claims

If, within the warranty period, the Buyer gives notice to the Company of any defect arising under proper use — from deficiency in product specification, quality control, or faulty material or manufacture — the Company may at its sole discretion remedy the defect without cost to the Buyer. The Company reserves the right to decide the settlement of any valid warranty claim (whether to repair, replace, or refund), and any such decision of the Company is final. In the case of a warranty claim, the Buyer is responsible firstly for obtaining return authorisation from the Company, and then for returning the product in suitable transport conditions as specified by the manufacturer.

Limitation of Liability

The Company shall not be liable under any circumstances whatsoever for any loss (including injury, damages and delay) or any consequence of any loss arising out of any cause beyond the Company's direct control. This includes, but is not limited to: hurricanes, earthquakes, floods, other acts of God, war, terrorism, civil unrest or disputes, pandemics or other health emergencies, government-imposed restrictions, supply chain disruption, or any malfunctioning, failure or defect in any goods, or any loss of use of an item or goods. Any liability arising from a valid warranty claim shall be limited to the price paid by the Buyer for the goods.

Buyer's Responsibility and Indemnity

It is ultimately the sole responsibility of the Buyer to determine the fitness of goods for the purpose for which the Buyer intends them to be used, and the environment in which they will be used. The Buyer must also take all necessary steps to ensure goods are properly stored according to manufacturer specifications and used in such manner as will be safe and without risk of injury, risk to health, or risk to product quality. The Buyer hereby indemnifies and holds the Company harmless from any claim whatsoever arising in any circumstances connected with the ordering, delivery, receiving, purchase, use, storage or disposal of any goods and/or services provided, whether charged for on an invoice or not.

Returns

Apart from a valid warranty claim, the Company will consider and determine through its standard returns process whether goods for return may be accepted, and whether to repair, replace or refund. The decision of the Company is absolute and final. Apart from an alternative agreement in writing which specifies other goods-return arrangements between a Buyer and the Company, the following conditions apply:

  1. All claims and returns of goods must be accompanied by the invoice for the goods.
  2. Goods must be returned within 30 days of invoice date.
  3. Goods for return will only be accepted in original packaging and condition. Goods which are used, soiled, defaced, broken or subjected to any damage whatsoever cannot be accepted.
  4. Goods can only be accepted for return before the expiry date. Where an expiry date states a month but not the day, the date is generally accepted to be the last day of the month stated.
  5. Goods for return will not be accepted where the Company has any evidence or reason to believe that the goods have not been stored in suitable conditions. For goods requiring cold storage, from the point that the goods pass from the control of the Company's designated delivery personnel to the Buyer or their representative, those goods are not eligible for return due to quality control standards.
  6. It is not a valid reason for return that, subsequent to a purchase, a Buyer believes the goods may be available elsewhere on terms or at a price which the Buyer would prefer.

Damages and Discrepancies at Delivery

While the Company will take every care to supply and deliver goods to the Buyer in good condition and accurate according to the invoice, it is the Buyer's responsibility to note and report damages and discrepancies at the time the goods are delivered — whether by sending back the goods or noting the damage or discrepancy on the invoice. The Company cannot accept responsibility for goods after they have been delivered and signed for as satisfactory.

Delivery Fees

Orders for local delivery of a value less than US$50 will incur a standard delivery fee of US$6 + VAT. Where goods on an order are returned making the value of goods delivered less than US$50, the delivery fee becomes due and payable, and this will be reflected in documentation covering the goods supplied and returned.

Dishonoured Cheques

The Buyer agrees to pay a fee of US$40.00 (or local equivalent) on all dishonoured cheques, and to make good in cash the cheque amount and the fee immediately on being notified of the default. Further, the Buyer agrees to pay all charges applicable to collection of the entire amount thus owed.

Governing Law

These Conditions of Sale shall be governed by the Laws of Barbados. No point or part hereof being found in a court of law in Barbados to be at variance with the said Laws shall render invalid or nullify the effect of any other point or part of these Conditions of Sale, and all other parts not so found to be at variance shall remain in full force and effect.