a) All accounts shall be paid without deduction of discount within 30 (thirty) days of the date of statement, unless otherwise agreed in writing.
b) All payments are to be made at the stated address of the seller in the currency of the Republic of South Africa.
c) All goods and services are supplied on a COD basis in the absence of prior arrangement of credit with the company.
d) Interest shall be paid by the purchaser on overdue accounts at the maximum permissible rates in terms of the National Credit Act Regulations.
e) No person other than a director of the seller has any authority to contract on the seller’s behalf on any terms or conditions other than those contained herein, and then only in writing.
f) No terms or conditions contained in any order or other document issued by the purchaser shall be valid and no variation of these conditions of sale shall be binding upon the seller unless reduced to writing and signed by a director of the seller.
a) Personal guarantees or other security may be required from directors, partners, members or the sole proprietor as the case may be.
b) The seller reserves the right to impose such conditions as to security or terms of payment as it deems fit and shall be entitled at any time without notice to the purchaser, to terminate any credits facilities which it may have granted to the purchaser and is not obligated to furnish the purchaser with any reason for foregoing.
c) The purchaser shall forthwith notify the seller in writing at the seller’s stated address, of any changes in the information set out in the application for credit facilities from to which the conditions apply.
d) The purchaser acknowledges that failure to notify the seller of any changes as per clause 2© above, shall entitle the seller to exercise its rights in terms of clause 2 (b) above, and furthermore indemnifies the seller against any loss of damage which may result from such change or from any failure to the seller of such change, including all costs to instruct and pay attorney/tracing agents
a) In the event of the purchaser being a Company or a Close Corporation, then the signatory hereto binds himself a surety and co-principal debtor in solidum with the purchaser for the due, roper and functional fulfilment of all and any obligation which the Purchaser may have to the seller.
b) This Surety Ship shall be unlimited notwithstanding the fact that the amount due by the Purchaser exceeds its declared maximum credit facility required.
4. PRICES AND QUOTATIONS
a) Prices quoted will be those ruling the date of quotation calculated on current prices of component parts, raw material, wage rate determinations and transportation costs, etc.
b) Any changes to the costs on which quotations are based will be for the Purchasers account.
c) All prices are subject to alteration without notice, and orders are accepted on the understanding that prices changed will be those ruling at the date of delivery or collection.
d) Quotations will hold firm for 30 days unless reduced to writing and signed by a director of the seller.
a) The purchaser shall be responsible for receiving and checking the goods in the presence of the deliverer and in the event of shortages or damages the delivery note must be endorsed by the purchaser accordingly.
b) Delivery at the agreed place of delivery shall constitute good delivery.
c) The seller does not guarantee delivery on any specified date.
d) The seller undertakes to institute all necessary precautions to avoid or reduce delay but shall not be responsible of loss resulting from delays in delivery occasioned by breakdown of machinery, strikes, labour disputes, war, riots, shortages of material or labour, delays of carriers or to other manufacturers, transportation accidents, regulations or order of any Government, force majeure or any other cause whatsoever reasonably beyond the seller’s control and no order may be cancelled by the purchaser for such reasons.
6. RISK AND OWNERSHIP
a) Risk in the goods shall pass on delivery and the safe custody of the goods shall be the purchaser’s responsibility until payment has been affected.
b) The goods sold, remain vested in the seller until the purchase price, any overdue interest and any other costs in terms of 9(b) shall have been paid in full.
c) All goods should, whether fixed to immovable property or to other goods shall be deemed to remain moveable property and severable without injury to such property or other goods.
d) The seller reserves the right to inform the end user or the owner of the immovable property to which any goods are fixed to its claim to ownership without there being any obligation on the seller to do so.
a) In the absence of full specifications or incomplete specifications submitted with order, goods to our standard specification will be supplied.
b) Where we manufacture or supply goods to the purchaser’s written specifications and/or drawings, we accept no responsibility for the sustainability or workability of such goods manufactured or services rendered.
c) Advices, recommendations or opinions by representatives or the seller, are given, and expressed in good faith and shall not constitute representations of any descriptions and shall not give rise to any claim against the sellers such representative.
d) Descriptions, illustrations, and examples contained in any catalogue, brochure advertisement or price list are intended only as general information and do not constitute representations and do not form part of any estimate or contract or part of these conditions of sale, which constitute the sole and only agreement between the parties.
a) Goods may only be returned by the purchaser with prior approval of any director or branch manager of the seller.
b) Claims for damaged goods will only be considered if advised within 24 hours after delivery of such goods and can only be approved by a director of a branch manager of the seller.
c) The return of goods will only be accepted when the goods are proved to be defective and where such defect is attributable to faulty workmanship and/or material.
d) It shall be in the seller’s sole and absolute discretion as to whether the goods supplied are defective or not and such a decision shall be final and binding upon the parties hereto.
e) The liability of the seller in respect of the goods returned will be limited, at the seller’s discretion to either;
i) Replacing the defective goods entirely free of charge;
ii) Making a price adjustment in respect of the defective goods, or
iii) Contributing towards the labour costs of removing the defective goods.
f) In the absence of any claim, the purchaser shall be deemed to have received and accepted the goods in good order and in full compliance with the order placed.
g) Payment of the account shall not be withheld, or a claim set off against the account unless it has been approved by the seller in writing.
h) The seller shall not be responsible for any loss of profit, consequential loss, damage or other charges however arising, either from defective materials or workmanship or any breakdown of the equipment sold or late delivery thereof, our liability at all time being limited to that set out in clause 8(e) hereof.
a) Should any amount due in terms hereof not be paid on due date or the purchaser commit a breach of any other term of this agreement of the purchaser or any surety for the purchaser’s obligations by placed under sequestration, liquidation or judicial management, whether provisional or final or a default judgement be entered against the purchaser and the purchaser fails within 7(seven) days after such judgement either to satisfy the same or to apply successfully for it to be set aside, then in such an event the balance outstanding on accounts shall become due and payable forthwith without prejudice to the purchaser’s right to retake possession of the good sold in terms of this agreement.
b) In the event of the seller instituting legal proceedings against the purchaser for the recovery of the whole or any portion of the capital and/or interest, the purchaser shall pay all costs incurred by the seller including the costs of any letter of demand, all collection charges, tracing charges and attorney/client charges.
c) The purchaser consents to the jurisdiction of the Magistrates Court in respect of any action or proceedings which may be brought against it in terms hereof.
d) The domicilium citandi et executandi of the purchaser for service or notice and process in connection with any claim of the seller against the purchaser shall be the address as stated on the credit application form, as completed by the purchaser, or as notified in writing by the purchaser by registered post within seven days as from when the change took effect.
e) A certificate under the hand of any manager of the seller as to the amount of the indebtedness of the purchaser to the seller at any time, as to the fact that such amount is due and payable, the amount of interest accrued thereon and as to any other fact, shall be conclusive proof of the content and correctness thereof.
f) The parties acknowledge that this agreement constitutes the whole agreement between them and that no variation or amendment, waiver of any terms andor conditions of this agreement, latitude andor indulgence allowed by the seller to the purchaser shall be of any force or effect unless reduced to writing.
10. CREDIT CLEARANCE
a) We hereby consent to a Business and Principal Credit clearance through Transunion ITC or any other recognized Credit Buro.