Terms of Service

In this document the following words shall have the following meanings:

• “Agreement” means these terms and conditions
• “Buyer” means the organization or entity who buys Goods;
• “Company” means Black Pelican Limited;
• “Good(s)” means the articles/products/items to be sold by the Company to the Buyer;
• “VAT” means value added tax

GENERAL

1. Unless otherwise agreed in writing, these terms and conditions shall apply to the sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions relied on by the Buyer in negotiation or at any stage
2. Any variations to the terms and conditions shall be inapplicable unless agreed in writing by the Company.

SALES

1. The price of Goods is exclusive of VAT or any other applicable taxes
2. Any price quoted by the Company is based upon current prices ruling as at the date appearing on the quotation, but the actual price charged to the Buyer under the Contract shall be based upon such ruling price (less any discount allowed by the Company) as at the date of order and shall bear the cost of storage and insurance.
3. Goods are sold as is and should not be construed to include any other Good or installation material.
4. Any description given or applied to the Goods is given by way of identification only and use of such description shall not constitute a sale by description.
5. Invoices are valid for 15 days from the date of issue and Goods will only be reserved upon receipt of 80% of invoice value and 20% balance shall be payable upon confirmation of arrival of the Goods in our warehouse irrespective of the Buyer’s readiness to receive delivery of the Goods.
6. A sale is deemed to be made when the full purchase price less discounts (where applicable) is paid. The deposits paid towards the purchase of any Good does not in any way guarantee the availability or continued availability of such Goods.
7. Customers are responsible for ensuring that all goods are paid for in full before delivery. Payment must be by cleared funds to avoid delay in receiving the Goods. The Seller shall not be bound to give up possession of the Goods until it shall have received payment in cleared funds.
8. Accordingly, if the Buyer fails to make any payment on due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries to the Buyer

CANCELLATION CHARGES

1. There are two groups of products supplied by Black Pelican Ltd.

1. Stock products, defined as: - all products currently held in stock.
2. Non-stock products, defined as 'Specials’: - any product that is not held in stock. Special products cannot be cancelled or returned and will be charged for in full.

2. Circumstance Stock Product

INSTALLATION

1. Mobilization to site shall be within 5 days after full payment of invoice value with prejudice to the delivery condition.
2. Variation arising from additional scope of work not ascertained during initial inspection shall result in a revised scope of work and may attract additional charges.
3. Our team will not install any Good not supplied by the Company and we shall not be responsible for the work done by any other entity.
4. Where the Company undertakes to carry out installation and charges a fee, the fee is exclusive of the cost of preparing the site for installation except it is expressly stated otherwise by us in writing.

ABBREVIATIONS USED IN PRODUCT DESCRIPTION

FORCE MAJEURE

1. On the occurrence of any Event of Force Majeure including but not limited to act of God, war, strike, lock out, insurrection, labour disputes, or any form of uncontrollable restriction among other things, the Company shall have the right to suspend or restrict delivery of the Goods without being liable to the client for late delivery or breach of contract.
2. Where the delay persist for such time as the Company considers unreasonable, it may without liability to the Buyer, terminate the contract

WARRANTY

1. Warranty period varies from 1-10 years depending on the brand and the nature of the goods. The Company will advise Buyer in each case of the length of the applicable warranty
2. For electronic products, the warranty shall not be applicable to faults, malfunctions and missing elements of Goods resulting from improper use and/or maintenance of the Goods (e.g. not using recommended Uninterrupted Power Supply) which is different from what is provided for in the instruction manual.
3. Warranties shall apply to electrical Goods only where the Company or any of its associated companies undertakes installation of the goods or Goods.
4. The liability of the Company is also subject to compliance by the Buyer with all the terms contained in this contract.
5. The Company shall, in relation to the Goods and Services, have no obligation to the Buyer, other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the Contract. Accordingly, it shall be for the Buyer to insure against any liability arising from the performance of the Services and from its use of the Goods.

GOVERNING LAW AND JURISDICTION

These terms and conditions do not affect the buyer’s statutory rights.

The construction, validity and performance of terms of this Agreement are governed by the laws of the Federal Republic of Nigeria. The Buyer also agrees to the exclusive jurisdiction and venue for all disputes related to this Agreement to be held in the Court of law of the Federal Republic of Nigeria.