C O N D I T I O N S O F S A L E
1. General All contracts and orders as well as all tenders and quotations and all orders and/or contracts resulting there from are subject to the following conditions except where otherwise agreed to in writing by the Company.
2. Condition of Sale Notwithstanding any contrary conditions made at any time by any clients these conditions of sale shall apply to all sales of goods by the Company.
3. Client to be Satisfied Subject to the terms hereof the client shall be deemed to be satisfied as to and has accepted all the conditions, representations, warranties and circumstances affecting each order and contract.
4.1 The Company's listed prices are subject to alteration at any time without prior notice.
4.2 The prices quoted in estimates, specifications, acceptance of order or contracts are based on the quantities specified therein and the Company reserves the right to revise prices in the event of the quantities being reduced or increased.
4.3 All prices quoted by the Company are subject to exchange rates, duties, surcharge, freight and transport costs, and clearing agents charges ruling at the time. Any subsequent changes will be for the client's account, unless quoted as "fixed".
4.4 The Company takes great care in basing prices on the correct customs tariff. Should Customs however charge a different tariff to that used by the Company, the difference will be for the client's account, unless quoted as "fixed".
4.5 Should The Company agree to a deposit for a later collection and the goods are not collected within 30 Days the Client fortifies his deposit to defray costs and loss of profit.
5.1 In tenders and quotations all prices quoted exclude Value Added Tax unless otherwise stated. The Company's tender or quotation, unless otherwise agreed in writing, is open for acceptance within thirty days from date hereof.
5.2 Payment terms are Cash only unless otherwise agreed to in writing by the company.
5.3 If payment is not received by the Company on the specified date, the full invoiced amount is due immediately.
5.4 Payment will only be recognised once the money has been deposited into the Company's bank account.
5.5 All cheque payments to the Company are done at the Client's sole risk.
5.6 If delivery of the goods is to be made by instalments, then the Company shall be entitled to withhold delivery of any undelivered instalments until all money due in respect of any delivered instalments, has been paid in full.
6.1 Unless otherwise specified, prices quoted are “ex Factory”
6.2 All other delivery or transport costs by rail, road or air are for the client's account.
7.1 Delivery times are estimated and confirmed as accurately as possible by our suppliers, and the Company will use its best endeavours to adhere to such estimated times. The period specified for delivery on the Company's quotation :
7.1.1 is exclusive of any period occupied in making, altering or adapting tools or in any experimental work connected with the same; and
7.1.2 shall commence from final settlement of details and specifications, and not from the date of order, tender or contract.
7.1.3 however, such estimates are based on the lead time we are given by our suppliers. Should any delays from the supplier for whatever reason, or for any other reason beyond the Company’s control take place, the Company shall not be liable for any costs incurred by the customer through such a delay.
7.2 Goods delivered by the Company shall be received, off-loaded, stored and protected by the client and thereafter shall be at the client's risk.
8. End User
The suitability of the goods for the use contemplated by the client is the sole responsibility of the client, and the Company shall in no way be responsible for the suitability of the goods sold for any particular end use.
No variation of these conditions shall be binding on the Company unless such variation is agreed to in writing by the Company.
10. Damage, Storage or Loss in Transit
The Company does not accept responsibility for any damage, shortage or loss, unless either :
10.1 Damage or shortage is notified in writing both to the Company and to the carriers within 10 days of receipt of goods and the relevant waybills / consignment notes have been endorsed accordingly by the consignee.
10.2 Non-delivery (in the case of total loss) is notified both to the Company and to the carriers within 10 business days of the date of despatch mentioned by the Company's advice note or invoice.
11.1 The Company will use its best endeavours to ensure that goods are supplied in working order to their specifications.
12. Return of Goods for Credit
12.1 Goods may only be returned for credit if authorized by the Company.
12.2 Should the Company consider accepting back goods for credit, while not obliged to do so, the Company must be notified by the client within 10 business days of invoice date.
12.3 The Company shall be entitled at its discretion to charge a 10% handling charge on goods returned for credit.
It shall be the client's sole responsibility to make himself familiar with regulations which concern the use of the goods ordered, and the Company cannot be held responsible for any penalties or restrictions resulting from contravention of any Government or other regulation. All goods offered ex stock are offered subject to them being unsold on receipt of order.
14. No Cession or Assignment
No part of a tender or quotation or any order or contract arising there from may be ceded or assigned by the client without the prior consent in writing of the Company.
All goods will be made within manufacturing limits and tolerances which are reasonable in the trade but if special accuracy is required, the client must state maximum and minimum limits.
16. Force Majeure
Delays in or failure of performance by the Company shall not constitute default herein or give rise to claims for damages if and to the extent that such delay or failure is caused by force majeure which is defined herein as occurrences beyond the reasonable, practical, economic or business control of the Company, and which, by the exercise of reasonable diligence the Company would not normally have been able to prevent, including therein, but not by way of limitation, decrees of government, Act of God, strikes or other concerted act of workmen, fires, floods, explosions, riots, civil commotions, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons. The Company will inform the client in a delay regarding abovementioned delay.
The Company shall be entitled to cancel any order and/or contract without prejudice to its right to claim damages for any loss or expense suffered by it whether caused directly or indirectly if the client after having been given 10 days written notice to make good any default :- 17.1 fails to adhere to any of these conditions; or 17.2 fails to make payment on due date of any money due by it.
Should any dispute or difference arise in connection with a tender or quotation or any order or contract arising there from or other interpretation then such dispute or difference shall be determined by arbitration and the Arbitration Act of 1965 shall apply.
19. Magistrate's Court Jurisdiction
The client and the Company agree that the Company shall be entitled, at its option, to institute any legal proceedings in connection with a tender or any contract arising out of it in the Magistrate's Court of the Republic of South Africa and the client hereby agrees and consents to such jurisdiction.
Management reserves the right to change any of the above without notice