1 Passing of Risk and Legal Title
1.1 The Goods shall be at the risk of the Customer from the time of delivery.
1.2 Full legal, beneficial and equitable title to and property in the Goods shall remain vested in Campack Ltd (even though they have been delivered and risk has passed to the Customer) until :
a) payment in full, in cash or cleared funds, for all the Goods has been received by Campack Ltd and
b) all other money payable by the Customer to Campack Ltd on any other account or under the contract or any other contract has been received by Campack Ltd hereafter known as Campack.
1.3 Until full legal, beneficial and equitable title to and property in the goods passes to the Customer :
a) the Customer shall hold the goods on a fiduciary basis as Campacks bailee
b) the Customer shall store the goods at its premises in a proper manner in conditions which adequately protect and preserve the Goods and shall insure them, without charge to Campack, and not tamper with any identification upon the Goods or their packaging and shall ensure that they are stored separately from any other goods (whether or not supplied by Campack) and are clearly identifiable as belonging to Campack and Campack shall be entitled to examine any such goods in storage at any time during normal business hours upon giving the Customer reasonable notice of its intention to do so ;
c) Campack Ltd., may at any time, on demand and without prior notice, require the Customer to deliver the Goods up to Campack and Campack may repossess and resell the Goods if any sum due to Campack from the Customer under the contract or on any other account or under any other contract is not paid when due ;
d) For the purpose of this Condition 1 Campack, it’s employees, agents and sub-contractors will be entitled to free and unrestricted access to any premises owned, occupied or controlled by the Customer and/or any other location where any of the Goods are situated at any time without prior notice ;
e) Campack shall be entitled to maintain an action against the Customer for the price of the Goods notwithstanding that legal, equitable and beneficial title to and property in the Goods has not passed to the Customer ;
f) and Campack hereby authorises the Customer to use and/or sell the Goods in the normal course of the Customers’ business and to pass good title in the Goods to its Customers, if they are purchasers in good faith without notice of Campack’s rights. This right shall automatically cease if any sum owed to Campack is not paid when due. If the Customer sells the Goods prior to paying the full price thereof the Customer shall hold the proceeds of sale on trust for Campack and shall immediately pay the proceeds of the sale into a separate bank account. At Campacks request, the Customer shall assign to Campack all claims that the Customer may have against purchasers of the Goods from the Customer.
1.4 Campack’s rights and remedies set out in this condition 1 are in addition to and shall not in any way prejudice, limit or restrict any of Campacks other rights or remedies under the Contract or in law or equity.
2 Conditions
2.1 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods from Campack pursuant to these Conditions.
2.2 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Customers acceptance of these Conditions.
