Wildernest Terms of Sale

 

1.           Risk

1.1        Risk of damage to or loss of the Goods passes to the Client on delivery and the Client must insure the Goods on or before delivery.

1.2        If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Wildernest is entitled to receive all insurance proceeds payable for the Goods. The production of this Agreement by Wildernest is sufficient evidence of Wildernest’s rights to receive the insurance proceeds without the need for any person dealing with Wildernest to make further enquiries.

1.3        If the Client requests Wildernest to leave Goods outside Wildernest’s premises for collection, or to deliver the Goods to an unattended location, then such Goods shall be left at the Client’s sole risk.

 

2.           Returns

2.1        Goods will not be accepted for return for any reason other than those specified in clause 11.1 of the General Terms and Conditions.

 

3.           Title

3.1        Wildernest and the Client agree that ownership of the Goods shall not pass until:

(i)       the Client has paid Wildernest all amounts owing to Wildernest; and

(ii)      the Client has met all of its other obligations to Wildernest.

3.2        Receipt by Wildernest of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

3.3        it is further agreed that:

(a)  until ownership of the Goods passes to the Client in accordance with clause 3.1 herein that the Client is only a bailee of the Goods and must return the Goods to Wildernest on request.

(b)  the Client holds the benefit of the Client’s insurance of the Goods on trust for Wildernest and must pay to Wildernest the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed. 

(c)   the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Wildernest and must pay or deliver the proceeds to Wildernest on demand.

(d)  the Client should not convert or process the Goods or intermix them with other goods, but if the Client does so then the Client holds the resulting product on trust for the benefit of Wildernest and must sell, dispose of or return the resulting product to Wildernest as it so directs.

(e)  the Client irrevocably authorises Wildernest to enter any premises where Wildernest believes the Goods are kept and recover possession of the Goods.

(f)    Wildernest may recover possession of any Goods in transit whether or not delivery has occurred.

(g)  the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Wildernest.

(h)  Wildernest may commence proceedings to recover the Charges for the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

(i)    the Client can use a Wildernest Bell Tent for a Commercial permanent glamping situation and must not use for commercial use where  the customer requires to ‘go to location’ for glamping use.