All quotations and all orders are accepted on the terms and no others, which super cede any other terms in catalogues, price list and sales literature of Mayru Gems Limited (The Seller) or elsewhere, ad shall override and exclude any other terms stipulated or purportedly incorpaorate in the contract or referred to by the Buyer shall be deemed to be made subject to these terms . No contract for the representations outside these terms which have induced the Buyer to enter the Contract (which expression shall include any contract of which these items form part) and those on the face hereof shall constitute the entire understanding and agreement between the parties for the sale of Goods .
No modification of these terms shall be effective unless made by an express written agreement between parties , a copy of which be annexed hereto . The signing by the Seller of any of the Buyers documentation shall not imply any modifications of these therms . The conditions shall govern the Contract to the entire eclusion of any prior promises, representations , undertakings or implications and any other express or implications or re-enactment thereof . No Employee or agent of the Seller has the authority to make any representation or give warranty in relation to the Goods supplied by the Seller or to agree any variation of or addition to these terms and conditions, unless such representation , warranty in relation to the Goods supplied by the Seller or to agree any variation of or addition to these terms and conditions, unless such representations, wattanty or addition is expressed in writing and signed on behalf of the Seller by a Director or other person authorised by the Seller .
The Seller reserves the right to increase the price of the Goods before delivery by an amount equivalent to any increase which may have arisen to the cost to the Seller or manufacturing or acquiring or delivering the goods .
The buyer may not cancel the Contract without written consent of the Seller, which if given shall be deemed to be on the express condition that the Buyer shall indemnify the Seller against loss against loss , damage , claims or actions arising out of such cancellation unless otherwise agreed in writing .
Unless otherwise agreed in writing the Seller shall not be bound to give up possession of the Goods until it shall have received payment in full for the Goods . Payment will be made to the Buyer so as to be received by the Seller not later than one month from the date of relevant statement of account on which the Goods are first charged to the Buyer . Thr time of the payment shall be the essence of this contract. Interest on all sums due shall run at the rare of two per cent per centum (2%) per month until payment is received after as well as before any judgement thereafter and such interest shall be compounded at monthly intervals . The Seller may recover as a debt from the Buyer all cost, charges and expenses on a full indemnity basis incurred by the Seller in employing a solicitor or otherwise enforcing or collecting payment of any overdue amount.
All shipment or delivery dates are estimates only and the time of shipment or delivery shall no be the essence of the contract. Should the Seller be prevented from or hindered or delayed in shipping or delivering goods or any part thereof by reason of riots , civil commotion , blockade, government orders, regulations or restrictions , trade embargoes, labour disputes , accidents to or breakdown in whole or part of machinery , bankruptcy or insolvency or other failure of the manufacturer or supplier of Goods or any cause whatsoever beyond the control of the Seller or any supplier of the Seller , then the Seller may give immediate cancellation of the contract without liability to compensate the Buyer.
The contract shall be binding upon and endure for the benefit of each partys successors and assigns .The Buyer shall not assign and benefit under the contact without written consent of the Seller.