Standard Terms and Conditions
1. We sell all goods, only in accordance with the standard of specifications applicable to such goods, and subject to the Conditions. No variations from the Conditions and no contrary stipulations by you shall be valid unless specifically accepted by us in writing.
2. Unless special arrangements to the contrary are made in writing, payment of all amounts shall be made by you to us within the terms stated on the quotation, failing which a charge of 2,0% of invoice value per month, compounded, will be levied. In addition, you will accept liability for all costs including tracing agent's fees and collection costs on an attorney and client basis in the event of the account being handed over to an attorney for collection. Should any cheque, promissory note, or bill of exchange drawn, made, accepted or endorsed by you, as the case may be, be dishonoured, or should you fail to pay any debt owing to us on due date, then all amounts outstanding shall immediately become due and payable irrespective of whether or not we hold further negotiable instruments which have not yet fallen due for payment.
3. Any advice or assistance given, whether concerning processing or application possibilities relating to our products technical recommendations or similar indications, machinery or otherwise, is given in good faith, but without obligation and subject specifically to the exclusion or any liability whatever on our part of our staff for damages whether direct or consequential.
4. Orders shall only be binding on us if made in writing and insofar as they are accepted by us in writing or by delivery of any goods so ordered and by signature of a delivery note.
5. We shall have no liability whatsoever for late delivery or non-delivery of any goods due to force majeure or any other circumstances beyond our control and we accept no responsibility whatsoever for loss or damage caused by late delivery or non-delivery, howsoever cause arising.
6. We shall have no obligation to supply for as long as you are in arrears with any payments owing from whatever cause. If you should commit any act of insolvency, or if a provisional or final judicial management or liquidation order is granted against you, we reserve the right to cancel any sale, order, and stop any further deliveries unless satisfactory security is provided or advance payments are made.
7. If you do not notify us of your rejection of any goods within seven (7) days after the date of delivery thereof to you, you shall be deemed to have acknowledged that such goods conform with those ordered by you, and your right to rejection in respect of such goods, shall lapse.
8. Should you reject any goods within the aforesaid time period, you shall notify us in writing, specifying the details of the defects. Should we accept your rejection as justifiable, we shall instruct you as to how to deal with such rejected goods and you shall act in accordance with our instructions. We shall, as soon as may be practical, replace such goods. We do not, under any circumstances, accept responsibility for any material and/or work supplied by any sub contractor in respect of the goods.
9. Ownership of the goods shall remain vested in us until you have paid us in full and performed all other obligations in terms of the Conditions. If third parties try to assert or substantiate rights, you shall be obliged to inform us of any such action immediately, and we shall be entitled to take whatever action we may deem fit to protect our rights including the cancellation of the sale and repossession of the goods. In the event of such cancellation of the sale you undertake to look after and keep the goods safe until repossessed by us, and upon request from us, you undertake to hand over and return the goods to us.
10. The risk in the goods shall pass to you upon delivery. Delivery shall be deemed to have been effected in the case of delivery by our own or our supplier's transport upon offloading at your premises or site, and in the case of delivery through a carrier, by handing over the goods to the carrier who shall be deemed to be your agent.
11. Should we be unable to obtain the goods or material ordered at normal trade prices from the usual supplier thereof against the Republic of South Africa, this will amount to a force majeure situation.
12. Notwithstanding any waiver, indulgence, or relaxation expressed or implied, granted by us to you in writing, the Conditions and your obligations shall remain in force and effect until abrogated by us in writing.
13. Terms of credit are as agreed upon from time to time and we have the right to alter such terms without notice.
14. We acknowledge that this agreement sets out the entire agreement between us. Neither of us shall be bound by any express nor implied term, representation nor warranty, promise or the like, not recorded herein.
15. You choose domicillum et excutandi for all purposes at the address referred to in the schedule overleaf.
16. You hereby consent to the jurisdiction of the Bellville Magistrate's Court in respect of any proceedings, which may be instituted against you. Notwithstanding this consent, we shall be entitled to institute such proceedings in the Cape of Good Hope Division of the High Court of South Africa, if same is deemed necessary by us.