Definition – ‘The Company’ means Island Beverages Company Limited and ‘Customer’ means any natural or legal person who places an order for Products in terms of these conditions of sale;
‘Products’ shall mean water, soft-drinks, spirits, beverages and other products and services supplied or sold by the Company
Applicability – These terms and conditions shall apply to all transactions for the purchase of Products from the Company whether such purchases are concluded at the Company’s premises, through sales representatives, online or by means of any other method of distance selling. These terms represent the complete Agreement between the Company and the Customer. Except for terms implied by applicable legislation, the Company does not offer or agree to any conditions, warranties, guarantees or representations relating to the quality, description or performance characteristics of the Products other than those set out in these terms;
The Customer’s signature on the Order form, Invoice or Delivery Note or the Customer’s acceptance of the Products will signify his/her acceptance of all these Terms and Conditions of Sale. No variation to these Conditions shall be binding unless agreed in writing between the Parties and no waiver by The Company of any breach of the contract by The Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
Acceptance – All orders placed by the Customer are subject to acceptance by the Company, and the Company reserves the right to accept or reject any orders in whole or in part.
Payment Terms – All invoices are payable upon delivery of the Products to the Customer. Invoices issued on credit terms however, are due and payable 30 days from the date of invoice. No discounts apply on credit terms unless expressly stated in the invoice itself.
Invoices remaining unpaid after their due date in terms of the preceding paragraphs, will be subject to interest charge of 8% per annum (or the maximum rate allowed in Malta, if lower) from their due date until paid. Customer will pay all costs and expenses of collection of overdue accounts, including legal fees.
Each invoice shall be considered a separate and independent transaction, and payment therefore shall be made accordingly. (If delivery is delayed by the Customer, the Company has the right to issue invoice on the date it is prepared to make delivery.)
Products held for Customer shall be at the risk and expense of Customer.
Liability – The Company shall not be held liable for any damages including anticipated loss of profit or revenue, loss of time, cost of capital, cost of substitute goods, services or replacements, or other loss incurred by the Customer in connection with the purchase of the Products including any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery, resale, repair, replacement, use or performance of any of the Products.
The Company shall likewise not be held liable for any injury or damage to person or property arising from any handling or installation of any dispenser, refrigeration unit or other apparatus, from overheating or general malfunction of the said units.
The Customer shall be liable for any damage caused to dispensers and/or refrigeration units provided on lease or under any other title by the Company.
Maintenance – Dispensers and refrigeration units require regular maintenance, which shall be done at the sole expense of the Customer.
The price of dispensers and refrigeration units damaged due to lack of proper maintenance procedures, including deposits thereon, shall in no circumstance be reimbursed by the Company.
Dispute Resolution and Applicable Law – Any dispute arising out of or in connection with this contract, any Invoice or other form of purchase order placed by the Customer with the Company with respect to the provision of Products shall be referred to arbitration at the Malta Arbitration Centre in accordance with Part IV of the Arbitration Act (Cap. 386 of the Laws of Malta).
The number of arbitrators shall be one (1).
The law applicable to this contract shall be the Law of Malta.