Unless Buyer has another valid agreement with Paint Centres Limited, the following Terms and Conditions will apply.
- "Delivery" means standard Paint Centres Limited supply of product to the receiving area at the address specified in Buyer's order as accepted by Paint Centres Limited.
- "Products" means all the products that are determined by Paint Centres Limited to be available from Paint Centres Limited upon receipt of Buyer's order. "Custom Products" means Products manufactured, designed or modified to meet Buyer requirements.
- Prices are valid for the period quoted by Paint Centres Limited or for the applicable purchase agreement ordering period, whichever expires first. Product prices for an order remain valid for thirty (30) days from the original order date unless otherwise quoted by Paint Centres Limited. Change orders that extend Delivery beyond those validity periods become new orders at prices in effect when Paint Centres Limited receives the change orders.
- Prices are exclusive of, and Buyer will pay, applicable sales, value added or like taxes, unless Buyer has provided Paint Centres Limited with an appropriate exemption certificate for the Delivery jurisdiction.
- Delivery or dispatch dates quoted are given or accepted by Paint Centres Limited in good faith, but not guaranteed unless, confirmed in writing by Paint Centres Limited.
- Paint Centres Limited will make reasonable efforts to meet Buyer's Delivery requirements. If Paint Centres Limited is unable to meet Buyer's Delivery requirements, alternative arrangements may be made at Paint Centres Limited’s sole discretion.
- Paint Centres Limited will make reasonable efforts to supply the products as close to the place requested as possible. Such effort would not include delivering the product to other than the ground floor of the supply address unless adequate access and unloading facilities are available at destination.
4. Risk of loss or damage, and title
a) Risk in Products shall pass to Buyer upon delivery. Paint Centres Limited shall retain ownership of products until:
- Paint Centres Limited has received payment in full for the Products;
- The Products are mixed, processed or used so that they lose their identity or irrecoverably incorporated in, mixed with or applied to other goods or any surfaces;
- Buyer sells Products at arm’s length in good faith to an unrelated third party.
b) Buyer shall insure Products against all usual risks to full replacement value until ownership passes to Buyer. Any insurance monies received by Buyer in respect of Products owned by Paint Centres Limited, shall be held on trust for Paint Centres Limited.
- Payment terms are subject to Paint Centres Limited’s credit agreement with Buyer. Absence of such agreement would require that all products be delivered on strict cash basis.
- Paint Centres Limited may change credit or payment terms at any time when, in its Sole opinion, Buyer's financial condition, previous payment record, or the nature of Buyer's relationship with Paint Centres Limited so warrants.
- Paint Centres Limited may discontinue supplies if Buyer fails to pay any sum due, or fails to perform under this or any other Paint Centres Limited agreement if, after three (3) days from notice, the failure has not been resolved as requested by Paint Centres Limited.
- Paint Centres Limited is a member ('Member') of the Malta Association of Credit Management ('MACM'). The Member shall process Personal Data found herein according to applicable legislation, particularly, the Regulation [EU] 2016/679 ('GDPR') as well as the Data Protection Act, amongst others. If the Client is in default of this agreement, the Member has the right to pass on any information contained herein to MACM as well as to any legally entitled third party. Where such a disclosure is carried out, MACM, as a Credit Referencing Agency, shall be deemed to be a Data Controller of the personal data it processes within its systems, in pursuance of its legitimate interests, such as promoting responsible lending, amongst others. For more info please visit https://www.macm.org.mt/dataprotection. Data Protection queries concerning MACM may be referred to its Data Protection Officer at email@example.com.
As Suppliers of goods and services, Paint Centres Limited has the right to charge interest on late payment equivalent to 8% plus the ECB reference rate from the day following thirty calendar days from the date of receipt of goods or services, or thirty days from the date of invoice, whichever is the earlier, or the date or the end of term for specific payment agreed in an ‘ad hoc’ Contract of Sale. The Late Payments Legal Notice LN272 of 2012 in Commercial Transactions Legislation refers. Furthermore, Paint Centres Limited may proceed with the claim for late payment against the Client without reminding the Client that an amount is due
- Subject only to Condition b below, by taking delivery of the Goods and signing the accompanying receipt (Delivery) note, the Buyer shall be deemed to have approved and accepted the Goods in every respect.
- Any claims with regard to the conformity or quality of the delivered Goods must be notified in writing to Paint Centres Limited within 7 calendar days from delivery and in the absence of such notification the Buyer shall be deemed to have approved and accepted the Goods in every respect.
- Where a claim is made in accordance with the provisions of paragraph b and where Paint Centres Limited, accepts such claim after inspection of said goods, the Buyer shall be entitled to a refund, in value or in kind, of the original price of the affected Goods supplied by Paint Centres Limited.
- Paint Centres Limited shall not be liable in any way whatsoever for any representations, advice or assistance given or omitted to be given in connection with Products, Services, the Specification or the contract, other than Goods or Services specifically charged for by Paint Centres Limited.
- In the event of a claim pursuant to paragraph b the Buyer shall be required to prove that:
- Since delivery, the Goods were continuously handled, treated and stored by the Buyer as a prudent administrator in-keeping with the nature of the Goods and their propensity to deteriorate and that any alleged deficiency is not attributable to the Buyer’s fault or negligence;
- There has been no incompatibility of any Products supplied by Paint Centres Limited with the products of other manufacturers or suppliers;
- There has been adequate surface preparation or coating application work carried out by the Buyer or any third party as stated in the Products’ Technical Data Sheets;
- No faulty equipment has been used;
- There was adequate supervision of quality by or on behalf of any third party.
Events beyond Paint Centres Limited’s Reasonable Control
Paint Centres Limited shall not be liable for any failure to comply with the contract related to any circumstance whatsoever, whether or not involving Paint Centres Limited’s negligence, which is beyond Paint Centres Limited’s reasonable control and which prevents or restricts Paint Centres Limited from complying