GENERAL TERMS AND CONDITIONS OF SALE
AS OF JANUARY 2015
All orders are subject to Covet General Terms and Conditions of Sale.
By paying a deposit in accordance with clause 6 below and based on the quote or invoice denoted by Covet's accompanying quote or invoice number, you agree to be legally bound by the following Terms and Conditions which collectively shall form a binding agreement between you and Covet.
1. GENERAL
These General Terms and Conditions apply to all products supplied by Covet and are governed by the laws of the State of Victoria (jurisdiction).
Save for these General Terms and Conditions and any additional terms and conditions listed on any invoice or quotation provided by Covet, no other terms and conditions shall apply, unless if agreed by the parties in writing, or implied by the Act or other statute in force in the jurisdiction that cannot be contracted out of.
The parties hereby contract out of any term, condition, warranty or guarantee imposed by any statute in force in the jurisdiction to the extent that such statute permits contracting out.
In the event of agreement in writing by Covet as to the incorporation of any terms and conditions proposed by the buyer, these General Terms and Conditions take precedence over the buyer’s terms and conditions in the event of any inconsistency, conflict, discrepancy or the like.Upon placing an order, the customer accepts fully and unreservedly these general conditions of sale.
2. DEFINITIONS
In these General Terms and Conditions, except where the context otherwise requires:Act: means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth);
Buyer: means the purchaser or any potential purchaser of any Covet Product or Products;Covet: means We Covet Pty Ltd trading as Covet International;
Covet Product: means all goods, materials, components and associated accessories as supplied by Covets’ suppliers;
Customer: means Buyer;
Deposit: means a sum of money to be paid by the Buyer, to Covet, prior to the commencement of the manufacture of any order, being 50% of the total cost of the order, or sum negotiated at the time of order placement;
Details: means:
a) Buyer’s legal name;
b) Australian Company Number and/or Australian Business Number as applicable;
c) Contact Person’s name, email address and telephone number;
Order: means an order in accordance with Clause 3 of these General Terms and Conditions;
Products: means products covered by any of the above definitions; and
Structures: means pre-machined, pre-assembled or pre-fabricated aluminium screens.
Lead times: means the estimated duration that Products arrive at destination port or site from receipt of Deposit.
3. ORDERS
No order shall be accepted unless communicated in a form accepted in writing by Covet, which must set out the Details of the Buyer.
An accepted form of order includes a Purchase Order and/or a Deposit in accordance with Covet payment terms.
A request by Covet for manufacture of all orders (by Covet’s suppliers) will not occur prior to receipt of a Purchase order (or purchase acknowledgment in the form of an email accepting a Covet quotation) and/or commencement deposit per Covet payment terms.
Covet Products are made-to-order, and as such a lead time of up to 16 weeks is required. Lead times are estimated and are subject to change. Lead times are subject to delays caused by pandemic(s), or any action taken by any government in response to pandemic(s), event of war, rioting, strike, accidents, natural disaster, acts of God, or other force majeure and the Buyer acknowledges that any such delay(s) is (are) not the responsibility of Covet.
Full payment is required on an order in the event of cancellation. Standard storage charges and interest pursuant to these General Terms and Conditions apply to all cancelled orders until such time as payment is made in full.
The buyer acknowledges and agrees that it will not be entitled to the refund of any money in the event of cancellation and no refund shall be given but full payment by the Buyer is required on any cancelled order.
Covet acknowledges receipt of orders as final instruction from Buyer. No changes to an order will be accepted unless otherwise agreed to by both parties in writing.
The Buyer is the sole beneficiary of the order and such status must not be assigned without the prior written consent of Covet.
4. PRICES
Product prices are project specific and as quoted. Any quote by Covet is based on any specifications, drawings and quantities supplied by the Buyer or Buyers representative(s). In certain circumstances the Buyer will be required to review shop drawings generated by the manufacturer to confirm quotations. Buyers must always cross reference Covet’s quotation with their own plan review and product take off to ensure no errors have been made. Covet will not be held liable for any quantity shortages or misinterpretation of architectural plans.
Prices for any internationally made Product are based on the exchange rate at the time of giving the price. An allowance of +/- $0.05 AUD is provided. Should the exchange rate fall above or below this range Covet reserves the right to adjust the invoice total in accordance with the change in the exchange rate.
Covet will only be bound by prices as quoted and subject to the above +/- exchange rate allowance at time of quotation. Prices are exclusive of GST and FOB Ex-Origin Port unless otherwise specified.
5. READINESS OF PRODUCTS FOR COLLECTION OF DELIVERY
Products may be collected by the Buyer from either Covet’s or the Product manufacturer’s facilities, or from holding yards of freight forwarders transport providers, as may be agreed by the parties in writing, or may be delivered at the Buyer’s written request to the address indicated on the order. Any such request for delivery to the Buyer’s address incur delivery costs. These costs will be borne by the Buyer, in addition to any other costs associated with the order, including special packaging.
Collection or delivery deadlines shall run from the date full paymenthas been received or from the date Covet receives confirmation of credit for the order from a bank or other financial institution approved by Covet.
Delivery deadlines means the date that the Products are shipped from local freight forwarders holding yards and do not include the time required for carriage. The delivery date may be an estimation by Covet of the actual delivery date in the event that no actual delivery date can be ascertained.
A failure to meet a delivery deadline shall in no way give rise to damages, nor constitute a valid reason for cancelling an order and Covet is not responsible for any failure to meet any delivery deadline.
In any event, Products shall only be made ready for collection or delivery if the Buyer has fulfilled all its obligations under these General Terms and Conditions.
In the event of war, civil war, rioting, strike, accidents, pandemic, acts of God, an inability to procure and general transportation stoppages or disruptions, an order may not be fulfilled by Covet. In the event of one these circumstances, the Buyer acknowledges and agrees that it has accepted the risk of these events occurring and that such an event will not give rise to any liability, claim, damage or action against Covet other than any liability arising under the Act.
Covet shall inform the Buyer immediately upon notice of any such circumstance arising such that it may lead to an order not being fulfilled by Covet.
Buyer shall bear the cost of collecting and shipping Products from Covet’s facilities or from the holding yards of freight forwarders, including dermurrage, detention and/or storage charges due to buyer nominating to delay collection and shipping from facilities or holding yards at time buyer is advised Products are ready for collection and/or shipping,
Buyer shall bear the cost of dermurrage charges due to:
a) failed delivery attempts, including when transportation vehicles are turned away or redirected upon arriving on site;
b) site delays preventing unloading of Products from transportation vehicles on arrival to site;
c) requesting transportation/vehicle upgrades, priority or restricted delivery schedules or any additional freight services not agreed to in writing by Covet.
Whatever form of transportation is used, Products are carried at the Buyer’s risk, whether they are shipped carriage paid, carriage and insurance paid (CIP) or otherwise.
The Buyer is free to contract insurance to cover Products and shipping, at its own expense.
Where goods are damaged or missing, or if packaging is damaged, the Buyer must deal with the carrier immediately at time of receiving goods, and notify Covet directly, within 24 hours of receipt of goods.
Covet accepts no liability, claim or damage arising out of the carriage of the Products other than any liability arising under the Act.
In the event that the Buyer fails to pay the balance of an order in full,
a) that order having been received into its destination for collection as agreed; OR
b) the buyer’s carrier fails to collect the Products on the agreed date,
Covet will charge the Buyer, and it will be liable for, any costs that Covet incurs as a result of the above failures, in particular, storage and handling costs.
Further, a failure to collect shall in no way justify delay in payment by the Buyer.
6. PAYMENT
General terms of payment. A 50% deposit on the invoice total for all orders must be made on placement of order via direct bank transfer (telegraphic funds transfer) to Covet account (details of which will be provided upon request) or by irrevocable letter of credit, payable at sight to us and confirmed by a bank or financial institution approved by Covet in writing, before Covet will act on your order.
Balance of payment on all orders, including any additional charges incurred by the Buyer, shall be paid prior to release of Products to the Buyer, including storage and handling costs incurred by Covet due to Buyer delays and/or acceptance of goods. Payments may be made via electronic bank transfer or other payment method as agreed with Covet.
6.1 For the avoidance of doubt, Covet will not dispatch any order or will not make an order available for pick-up until payment of the total invoice amount is received and, if the Product(s) identified in this invoice are for a development or for a display suite associated with a development and if Covet considers it appropriate in the circumstances, until Covet has confirmed that the Developer and/or Builder/Supplier and/or Architect/Specifier agree to clauses 3 to 19 of these Terms and Conditions.
Special terms of payment. A 100% payment on placement of order via direct bank transfer (telegraphic funds transfer) to Covet account (details of which will be provided upon request) or by irrevocable letter of credit, payable at sight to us and confirmed by a bank or financial institution approved by Covet in writing.
Where special terms of payment are applicable, any additional charges incurred by the Buyer, such as freight, shall be paid prior to the release of product to the Buyer. Special terms of payment apply to the following highly customised made to order products:
a) prefabricated screens or special-order items including colours and textures from Takasho Japan Co Ltd.
b) engineered concrete products with special-order colours, aggregates, sizes or surface finishes from Covet’s standard offering.
Covet reserves the right to demand advance payment, cash payment or guaranteed payment for all current and future orders.
All banking charges (including merchant fees, bank guarantee establishment fee and associated charges) shall be borne by the Buyer.
Written acceptance by Covet of payment terms other than those provided for above and below in no way constitutes a novation or waiver of any of these General Terms and conditions.
Covet does not grant credit facilities to Buyers.
If the Buyer fails to meet these payment terms, it hereby assigns to Covet any amounts it is owed for the sale of Products supplied by Covet and for which no payment or only part payment has been received, up to the outstanding amount owed to Covet for said Products.
If the Buyer fails to make a progress payment that is due and payable, the outstanding amount of the order (in full) shall be due and payable immediately, including any additional charges.
In the event that an amount is due and payable by the Buyer, and the Buyer fails to make payment on that amount, interest at the rate of twenty per cent per annum (20% p/a) is payable to Covet on the outstanding amount.
The Buyer may neither withhold nor offset payments against invoices, even where the buyer has made a claim for an amount from Covet.
This clause shall not be waived by Covet unless expressly agreed in writing.
The Building and Construction Security of Payment legislation relevant to the jurisdiction in which the construction work to which the Products are supplied applies to these General Terms and Conditions.
The Buyer indemnifies Covet for any fees, charges, interest, storage, handling and restocking costs incurred by Covet as a result of the Buyer failing to make a payment due and payable pursuant to these General Terms and Conditions.
7. RETENTION OF TITLE AND RISK
PRODUCTS SHALL REMAIN THE PROPERTY OF COVET UNTIL FULL PAYMENT FOR THOSE PRODUCTS HAS BEEN RECEIVED BY COVET.
If payment is not received or is only partly made, Covet reserves the right to demand the return of all or part of the Products delivered, even where they are held by a subsequent purchaser or have been used to produce or been incorporated in other goods or works. Immediately upon demand, the Buyer shall return the Products to Covet, in resaleable condition at the Buyers expense.
The Buyer undertakes to inform its own clients of the provisions of this clause and to bind its own clients to this clause by agreement in writing.
The buyer undertakes to not re-sell, hire, lend or pledge Products that have not been paid for in full.
All risks attaching to the Products and/or their performance are transferred to the Buyer upon the Products entering the possession of the Buyer.
7.1 Products shipped on the basis of
a) CIF or a similar basis, title and risk in the Product(s) shall pass to you upon full payment and dispatch of the order.
b) In the event of shipping on the basis of
- EXW or a similar basis, title and risk in the Product(s) shall pass to you upon you or your agent taking possession of the Product(s) at a designated pick-up address.
- DDP or a similar basis, title and risk in the Product(s) shall pass to you upon you or your agent taking possession of the Product(s) at a designated shipping address.
7.2 Covet shall not be responsible whatsoever (howsoever caused) for any damage or loss caused to the Product(s) after title and risk has passed to you.
8. CONDITIONS OF PURCHASE
8.1 You acknowledge and agree that Covet's products are designed and created by using specialised artisanal craftmanship techniques, and that the inherent value in Covet’s products lies in their uniqueness and mix designs. As such, you agree that the transfer of title in and to the Product(s) hereunder is made on the following conditions:
1. you will not attempt to, nor will you procure any third party to, reverse engineer, deconstruct, examine or undertake any other process to reveal the designs or architecture behind any of the Product(s).
2. you will not use the Covet name, logo or brand in connection with the promotion or marketing of any development without the prior written consent of Covet, such consent to be withheld in Covet’s sole and absolute discretion;
8.2 You acknowledge that all intellectual property (whether registered or unregistered) including copyright, designs, techniques, methods of manufacture, trade marks, registered designs, specifications, any other information relating to Covet’s products, and any underlying materials relating to the foregoing, shall vest at all times with Covet. You further acknowledge that the intellectual property rights in all of Covet’s content made available to you via any printed or electronic material remain the property of Covet. Accordingly, you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the intellectual property or content owned by Covet, without the prior written consent of Covet. This includes producing or procuring any counterfeit or imitation of the Product(s) (“Counterfeits”) whatsoever.
8.3 Without limiting the foregoing and in the absence of agreement of the Developer and/or Builder/Supplier and/or Architect/Specifier to clauses 3 and 20 of these Terms and Conditions, you agree to:
(a) Allow (or procure permission for) Covet to inspect the Development upon request to confirm your compliance with the above clause (even if the Client does not proceed to purchase additional Products for the Development);
(b) Remove any Counterfeit or Imitation designs from samples custom made and provided by Covet for said Development, provide a certificate of destruction to Covet verifying that all Counterfeits or Imitations have been destroyed;
(c) Purchase the original Product(s) from Covet to replace such Counterfeits or Imitations referenced in 8.3(b) above, or make payment to Covet for the amount that Covet would have received had their original Product(s) been used instead of Counterfeits or Imitations.
(d) Provide the name and contact details of the entity or individual/s who supplied the Counterfeits or Imitations.
For the avoidance of doubt, nothing in this clause 18 prevents Covet from pursuing any of their legal rights or remedies at law for infringement of their intellectual property rights in the case where use of Counterfeits or Imitations by the Client is found.
9. WARRANTIES
All Products must be inspected by the Buyer upon receipt. Consequently, the Buyer shall be solely responsible for confirming, prior to the commencement of work, that the Products are suited to the type of construction and conditions in which the Buyer intends to use them.
Measurements, assembly drawings and suggestions in any Covet catalogues and websites are provided to Covet by the manufacturer for guidance only. These documents do not constitute fabrication specifications and are not binding on Covet. The Buyer acknowledges that it has utilised, as appropriate, a structural engineer, façade engineer and/or architect to determine and/or confirm the relevant specifications as applicable.
Covet shall in no way be liable for rectification costs or damage sustained through:
a) using the Products in unsuitable conditions for purposes other than those for which they are designed;
b) a failure to maintain the Products;
c) use of the Products with hardware, gaskets or other accessories not supplied or approved by Covet and/or it’s manufacturers or suppliers,
d) third party fabrication or installation of Products.
10. ENGINEERED CONCRETE PRODUCTS
Covet supply an engineered concrete Product that displays concrete’s natural characteristics. Cast on site concrete Overlays and tiles are not structural and may reflect structural movement. Minor hairline cracking, patching and tonal variation are deemed natural characteristics of concrete
Pre-mix bag concrete overlay sales assume the installer is fully conversant with installation, curing and finishing (grinding and polishing) specifications.
Products are to be installed and finished in accordance with the Installation Recommendations per the manufacturers’ Product Data Sheets where applicable for the specific Product being installed.
Engineered concrete Products are a manufactured concrete material that is subject to pitting, edge fraying and variations in tone and shade from run to run and within each production run. Placement of an order for the concrete Products assumes that these and further natural stone product characteristics described in Covet Product documentation including but not limited to Technical Overviews, Installation and/or Fabrication Guides, Understanding the Characteristics, Do’s and Don’ts for Concrete Overlay, Concrete Tiles and Concrete Slabs, are understood and accepted by the Buyer.
The manufacturer of the concrete Products warrants that concrete Product against any defects in materials under the conditions of normal use for 10 years from the date of purchase.
Should the concrete Product under this warranty wear out, in the course of normal use and cleaning within 10 years, the manufacturer will supply a replacement Product only for the worn out or defective Product. Claims made under this warranty must be made in writing to the manufacturer representative - Covet . The manufacturer must pre-approve the undertaking to supply the replacement Product, in writing. Replacement shall be at the manufacturers sole descretion under the manufacturer’s defect warranty.
This warranty is made only to the original user of the flooring,cladding or countertops covered hereunder and is not transferable under any circumstances.
Covet is in no way liable to the Buyer should the Manufacturer and/or Installer break or not comply with its Warrants.
Further, Covet is in no way liable to the Buyer for any replacement or rectification costs associated with Manufacturer or Installer warrants.
10.1 Limited Warranty for Concrete Product
Should the installation show signs of defective manufacturing, or wear out within 10 years of installation, the manufacturer will supply new product without charge, provided that:
1. Products were stored, handled and installed according to the reccommended written procedures;
2. Products were used under normal loads, environment, foot traffic conditions and appropriate for application; and
3. installation has been maintained with recommended materials and according to written procedures.
This Limited Warranty will not cover claims made involving dissatisfaction or problems due to:
1. Improper use of the product;
2. Work performed on the products by any third party;
3. Change of use, leaving the initially installed products with inappropriate performance criteria for use;
4. Mechanical damage and / or abuse;
5. Colour variations between samples and / or images of tiles and actual product;
6. Shading – concrete features naturally occuring shade variations;
7. Use of abrasives, or abrasive chemicals;
8. Use of acidic, or alkaline chemicals;
9. Improper storage;
10. Damage due to building movement; and
11. Improper installation and / or maintenance and care of products.
Covet is in no way liable to the Buyer should the Manufacturer and/or installer break or not comply with its Warrants.
Further, Covet is in no way liable to the Buyer for any replacement or rectification costs associated with Manufacturer or Installer warrants.
11. TIMBER LOOK CLADDING PRODUCTS
Covet supply aluminium cladding, screening, gates, fencing Products that display various wood colours as well as colours from other materials such as metals and stones.
Manufacturer’s warranty applies to
1. Articles constructed by “aluminium cladding Products” (warranted product); and
2. If the Buyer has informed the manufacturer representative – Covet, of any warranty claim within 7 days of discovery of any issue leading to a warranty claim.
The manufacturer warrants the aluminium cladding Product for a period of 10 years from site delivery date under normal environmental conditions. The Product shall be replaced free-of-charge under the warranty period, on the determination of the manufacturer, that shall be done once within the warranty period.
In the event of significant fading in the sheet of the Product, or delamination of coloured layer from the aluminium, and the manufacturer acknowledges this (i.e. significant fading of colour compared with the colour of a new product, or
sheet peeling off in natural conditions after installation), a Product will be provided free-of-charge.
Attached parts such as metal fittings, base materials, sealing, temporary scaffold, equivalent expenses for equipment necessary for processing and labour to remove and replace are outside the scope of the warranty.
Covet is in no way liable to the Buyer for any replacement or rectification costs associated with Manufacturer warrants.
11.1 Disclaimer
Charges will be made during and post the warranty period in case the causes fall under:
1. Defectiveness of processing, assembly, construction, and maintenance;
2. Poor installation where capacity exceeds the capacity of the Product;
3. Damage to the Product due to parts supplied by others that may cause corrosion, rust, mould, stains and other similar cases;
4. Influence by dew condensation caused by natural phenomena or living environment, expansion, and cracking due to a freeze, expansion and contraction, and torsion due to a difference in temperature;
5. Region or Place where the Product material is wet or frozen continuously due to water, water vapor or snow.
6. Corrosion and other cases in a region or a place where the environment is especially severe. Corrosion due to adhesion of sand dust in the air, smoke, various metallic powders, sulphurous acid gas, ammonia, car fumes, etc., damage, deformation and discolouration etc., due to abnormal fluctuations in temperature and abnormal high humidity;
7. Exceeded capacity of a Product such as natural disaster and other force majeure.
8. Phenomena unpredictable by the practical technology, or attributable to the same;
9. Damage done by small animals such as dogs, cats, birds and vermin, etc, by plants (vines, roots, etc.), or organic materials;
10. Operational mistakes upon use, adjustment defectiveness, negligence of proper maintenance, and damage and malfunction due to moving and relocation after the delivery of a product;
11. Use of abrasives, and abrasive chemicals for cleaning.
12. Intentional act, negligence, improper repair or alteration by the user or third party;
13. Damage caused by illegal acts such as criminal act(s), malicious mischief, graffiti, etc;
14. Product has been used for a purpose other than that of intention;
15. Defect in Product or in parts (inclusive of part of compositional material of a product) not provided by the manufacturer;
16. If the product is fabricated for a use other that what has been discussed with Covet
Covet’s liability is limited to the terms set out here in so far as otherwise implied by the Act or statute in the jurisdiction if not lawfully contracted out of in these General Terms and Conditions
12. INDEMINTY CLAUSE
The Buyer shall indemnify Covet to the maximum extent permitted by law from and against all losses (including direct, indirect and consequential loss), damages, liabilities, actions, suits, claims, demands, costs and expenses (including legal fees on a full indemnity basis) arising out of, or in connection with any default on these General Terms and Conditions by the Buyer.
13. PACKAGING
Covet provides packaging as part of its normal service. Packaging is designed to protect the Products during carriage but is in no way intended for storage either in transit or at the product’s final destination. In the event that sea freight is sent as a Less than Container Load consignment, via air freight, or oversized consignments, special packaging will be required and charged to the Buyer accordingly.
The Buyer acknowledges that Covet will endeavour to ensure that the Products arrive at the final destination undamaged, exercising due care and skill, however, the Buyer further acknowledges that damage to the Products will not result in any liability, claim, damage or action against Covet other than any under the Act.
Further specialised or other packaging may be provided at the Buyer’s request and expense.
14. CLAIMS
The Buyer must communicate all claims regarding Product defects, incorrect quantities or part numbers within 48 hours of receipt.
Irrespective of the form of transportation used, Products are transported at the Buyer’s risk.
In the event of any claim or potential claim arising out of the state of the Products upon delivery, the Buyer shall detail all claims or potential claims on the delivery note provided by the carrier, in full. Further, within 3 working days the Buyer shall notify Covet of any claims in writing, enclosing the bill of receipt, and photographic evidence supporting the claim.
15. RETURN OF GOODS
Products are not to be returned to Covet without its prior written consent, even where Covet accepts a claim in respect of defects.
Upon delivery of an order, please inspect Product carefully, as cut and/or assembled Products will not be accepted for return.
Irrespective of whether a Product is defective, it must be returned in its original packaging, or equivalent packaging. Products returned damaged or without packaging will not be accepted.
A minimum of 15% of any refund/credit will be deducted where a Product is returned in order to cover Covet’s handling, restocking and depreciation. This deduction shall not apply where a Product is returned at Covet’s request, in which case the Buyer’s carriage and packing costs will be reimbursed.
Refund or credit shall not be a valid reason for refusing to pay an invoice.
Covet will not accept the return of any Product that it does not stock permanently under any circumstances, expressly including for change of mind, for a non-defective product, for not understanding any material tolerance characteristics, storage or handling instructions, specific installation guides (i.e. adhesive used for concrete tiles and proper sealing) or where a customer over orders a Product.
16. IMPROVEMENTS
Covet reserves the right to modify Products without notice, in any way it thinks fit to make technical or aesthetic improvements.
17. INTELLECTURAL PROPERTY
The Buyer’s use of the Covet trademark or any other trademark owned by its suppliers is strictly limited to work installing and showcasing Covet supplied Products only. This restriction also applies to any oral or written communications.
The unauthorised copying of any Covet documentation or design, in part or in full, is expressly prohibited.
18. LANGUAGE
These General Terms and Conditions exist in English Only. Covet does not accept any liability in respect of any translation of this document.
19. JURISDICTION
It is agreed that the laws of the State of Victoria, Australia apply to these terms and conditions and the parties submit to the exclusive jurisdiction of the court and Tribunals of Victoria.
Any claim against Covet must be made within 7 days of receipt of a Product.
20. CHARGE
The Buyer acknowledges and agrees that it charges all of its right, title, estate and interest in its property (including real property), now and in the future, for any monies that it may owe Covet at any time, to the fullest extent permissible in equity and at law.
21. BUYERS GUARANTEE
In the event that the Buyer is a company, the Buyer’s representative acting on behalf of the company has the authority to accept General Terms and Conditions and acknowledges that:
a) the Buyer has ordered the Products from Covet;
b) the Buyer’s representative has the authorisation to guarantee the performance of the Buyer’s obligations under these General Terms and Conditions; and
c) the Buyer’s representative is authorised to agree to give the guarantee on and subject to this Clause.
The Buyer’s representative hereby unconditionally and irrevocably guarantees to Covet, without demand, the punctual performance by the Buyer of all legal, equitable, contractual, statutory or other obligations on behalf of the Buyer.
The Buyer’s representative separately indemnifies and forever holds harmless Covet against any loss or damage incurred by Covet in connection with any default by the Buyer in performing its obligations contained within these General Terms and Conditions and hereby charges in Covet’s favour all of the Buyer’s right, title, estate and any interest in land whether freehold or leasehold, legal or beneficial.
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