Terms & Conditions

Terms & Conditions

1. Definitions:

1.1 "Company" means Collyer Consulting Global Ltd..
1.2 "Terms" means the terms and conditions.
1.3 "Goods" means any items offered for sale by the company.
1.4 "Customer" means any company or individual who places an order with the Company for goods.
1.5. "Contract" means the acceptance by the Company of an order, place by a customer and such acceptance shall occur when the Company commences work on an order or when the company agrees to accept the order and communicates this to the customer.

2. Contracts

2.1 These terms shall apply to every contract.
2.2 The Company may ask for any information it requires to fulfil the contract and there shall be no liability upon the Company for non-performance if the necessary information is not provided.

3. Price

3.1 All prices quoted by the Company are only valid at the time of contract and are exclusive of any other matters unless otherwise agreed.
3.2 The Company reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods.

4. Payment

4 Goods will only be dispatched to the customer when payment has been made in full in cleared funds and in any variance of this term shall be upon such terms as the Company dictates.

5. Samples

5.1 Should the Company present a customer with a sample, this will not constitute a sale by sample and is only and indication of the type and quality of the goods.
6 Delivery

6.1 Delivery shall be made to the customer and not a third party.
6.2 The company will not accept any liability for late delivery of the goods and delivery time will not be of the essence of the contract.
6.3. The Company will not accept liability for non-delivery, where this is caused by circumstances beyond its control.
6.4 All risks shall pass to the consumer upon delivery
6.5 All delivery costs will be paid by cleared funds by the customer to the Company before dispatch will take place.

7 Warranty
7.1 The Company warrants that the goods will be free from defects at the time of dispatch.
7.2 The customer must notify the Company of any defects within 5 working days of delivery and the Company must be given a reasonable opportunity to view the goods.

8. Force Majure
8.1 The Company shall not be liable to the customer in the event that the Company is unable to carry out any part of the contract for causes beyond its control.
8.2 The Company will notify the customer as soon as is reasonably possible in such circumstances.

9. General

Laws of England and Wales will govern any contract.

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Latest Question

We, as the issuing bank, requested the below document, under field 46A. “Insurance policy/certificate for 10.00 percent above CIF value payable to the order of Sampath bank PLC, covering institute cargo clauses (a), institute war clauses (cargo), institute strike clauses (cargo), transshipment risks marked premium paid claims payable in Colombo irrespective of percentage.” Insurance certificate is presented containing below wording on the face side of the document. “The settlement of loss and damage will be effected, unless otherwise provided, through the intermediary of Marsh SA/NV to whom all documents are to be forwarded for this purpose, and will collect the indemnity under deduction of a commission of one percent” Also, it indicates the LC conditions as a mirror image as follows under the heading of "letter of credit conditions" whereas insurance conditions are incorporated separately in the certificate: "covering institute cargo clauses (A), institute war clauses (cargo), institute strike clauses (cargo), transshipment risks marked premium paid claims payable in Colombo irrespective of percentage" Having considered the above clauses, we have quoted below discrepancies. 1) Insurance policy indicates a deductible of 1 pct instead of irrespective of percentage. 2) Insurance not marked premium paid Beneficiary’s bank disagrees with our discrepancy and raised below argument: “Insurance policy/certificate does not indicate a deductible of 1 pct irrespective of percentage on the face of the document and banks will not examine terms and condition in insurance document as per ISBP paragraph K22 and marked as premium paid under the LC conditions. Considering above, may we have your opinion on the discrepancy quoted by us and the counter argument raised by the beneficiary’s bank.