Terms & Conditions

1. General
1.1 The Terms and Conditions herein apply to all sales by SCOA Nigeria Plc and any of its divisions, subsidiaries and associated companies to the exclusion of other terms and conditions including any term and condition the Purchaser, buyer, Customer, Lessee, and Consignee may purport to apply.

1.2 The conduct, utterance, expressions, actions, declarations and statements of the Company or its staff cannot expressly or impliedly wave any of these terms and conditions.

1.3 Issuance of Purchase/Work Order and acceptance of delivery shall be deemed conclusive evidence of the Purchaser, Buyer, Customer, Lessee, and Consignee’s acceptance of these terms and conditions. The Purchaser is deemed to have accepted the goods on its delivery.

2. Validity of Price
2.1 The Price quoted is based on the current prices, rates duties, exchange rates of Naira, and other allied charges and rates. The Company reserves the right to alter the price quoted before delivery in the event of any change in these variables without notice.

2.2 All goods for sales are sold ex-Scoa Premises.

2.3 The provisions of sec. 10(1) of the sale of Goods Act 1893, is hereby excluded in respect of time of payment and all contracts shall be subject to prompt and unconditional payments before delivery. Cheques and Drafts are only deemed as payments clearance with the bank.

3. Delivery
3.1 Delivery dates shall be interpreted as estimated only. It is not subject to strict compliance and it is not to be constructed as falling

3.2 the Company shall not be responsible for any delay whatsoever and howsoever caused including but not limited delay caused by difficulties in importing the goods, manufactures delay, unavailability of goods, government policies affecting Port operations, bank and operational delays, transport set backs, damage of delay in transportation, inability to obtain necessary labour or materials from usual sources, or other allied causes or actions with a resultant effect to delay. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be adjusted to reflect the actual length of time lost by reason of such delay goods sold.

4. Service
4.1 The Company undertakes to carry out repairs/service of goods strictly as defined in the scope of work submitted by the Company with reasonable care.

4.2 The Company assumes no responsibility for any damage, loss of property, earnings, personal injury, death, or any other loss whatsoever resulting directly or indirectly from services or repairs it undertakes on any goods. The limitation applies to acts or omissions of the company, its suppliers, employees and persons for whom it may be responsible.

5.Title
5.1 The provisions of Rule 1 of Section 18 of the sales of Goods Act 1893, is hereby excluded. Property in the goods shall pass to the buyer only after receipt of payment in full by the Company, unless otherwise agreed by both parties in writing.

5.2 once title passes to the Purchaser, the risk passes to the purchaser while the goods are in transit whether or not the Company undertakes delivery.

5.3 The risk passes to the Purchaser on delivery. It is immaterial whether title has passed or not.

6. Warranty
6.1 The Manufacturer warranty shall be passed on to the Purchaser. The Company provides no additional warranty whatsoever on any of the good sold. The warranty does not apply to failures occurring as a result of abuse, misuse, negligent repairs, corrosion, erosion, normal wear and tear, alterations and modifications made to equipment without express written consent of the Company, or failure to follow the recommended operating practices, services and maintenance procedure as provided in the manuals. An authorized establishment must complete all maintenance, service and repair works and only genuine parts shall be used in such works. Failure to comply strictly with these requirements shall invalidate the warranty. The Company hereby excludes other conditions, warranties or representatives of all kinds expressed or implied statutory or otherwise (expect that of title) in including all implified warranties and conditions relating to merchantability, satisfactory quality and fitness for a particular purpose.

6.2 The Purchaser cannot return goods once purchased for any cause or reason whatsoever.

6.3 Any changes in the model or other specifications of goods by the Manufacturers shall not affect the contract unless the substance of the contacts are thereby affected.

7. Limitation of Liability
7.1 In the event of any breach of these terms and conditions by the Company, the remedy available to the Purchaser is the replacement of the defective part and shall in no circumstance exceed the price paid for the goods. The Company shall in no event be liable to the Purchaser, or any successors in interest or any beneficiary or assignee of this contract for any consequential, incidental, indirect, special or punitive damages arising out of this contract, or any breach hereof or any defect in, or failure of, or malfunction of the equipment supplied here under whether based upon loss of use, lost profit, revenue or interest, lost goodwill, work stoppage, impairment of other goods, loss by reason of shutdown or non-operation, increased expenses of operation or cost of purchase of replacement, or claims of the Purchaser or customer of the Purchaser for service interruption whether or not such loss or damage is based on contract, warranty, tort, negligence, indemnity, strict liability or otherwise.

8. Force Majeure
The Company shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown, of plant or machinery or shortage or unavailability of raw materials from natural source of supply, and the Company shall be entitled to a reasonable extension of its obligations.

9. Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Condition had been agreed with the invalid illegal or unenforceable provision eliminated.