TERMS & CONDITIONS
INSURANCE OF GOODS PURCHASED
Until the purchaser price of any goods has been paid, the Purchaser shall ensure that the goods are adequately insured against the usual risks and produce conclusive proof of such insurance whenever called on to do so by the Seller.
OWNERSHIP AND SET-OFF
Notwithstanding the delivery of any goods to the purchaser, ownership shall not pass until the Supplier has received payment in full of all and any indebtedness of the Purchaser to the Supplier In the event of the Supplier or any holding or subsidiary or fellow subsidiary company of the Supplier becoming indebted to the Purchaser, the Supplier may set off such ineptness against any monies which may be or become owning by the Purchaser to the Supplier
Unless another price has been quoted by the Supplier, (which will then apply), the price of goods or services will be the Supplier’s Current price ruling on the date they are delivered to the Purchaser. The Suppliers may vary any quoted price by adding thereto the increased cost to it of any goods or components which are supplied to or from a part of goods supplied to the Purchaser resulting from any adverse fluctuations in the price of raw materials, buy-out products, products supplied to the Suppliers by other companies or rate of exchange between the date of the quotation and the date of supply.
(a) The contract price is strictly net and subject to any discounts unless otherwise agreed to in writing.
(b)If any discounts is agreed to in writing it shall only be allowed if the payment is received by the Supplier by the due date and shall only apply to actual price of the goods themselves.
(c) No discount can be given on the official rate of VAT.
1. All quotations, unless in writing, are for information purpose only and are not to be considered as an offer by the Supplier.
2. Quotations for goods to be for collection or delivery from stock are subject to the Supplier not having sold or committed itself to third parties, availability of stock for the Suppliers, in respect of such stock at the acceptance of its quotation.
3. The price rule is applicable as above.
a) The delivery shall be completed and the risk in the goods shall be deemed to have passed to the Purchaser on arriving of delivery of the goods to the Purchaser by means of the Suppliers transporter or in the event that the Supplier does not make the delivery of the goods, on collection thereof at either the Purchaser’s carrier or any other carrier, notwithstanding that the carrier’s charge might be paid by the Supplier. However, ownership in any goods delivered remains vested in the Supplier until the entire purchase price shall have been paid.
b) No claim for shortages in delivery or damage in transit can be entertained unless notes on the Supplier’s copy of delivery note and confirmed in writing within three days after delivery or in the event of non-delivery, within ten days of invoice. Should the customer fail to notify the Supplier of such shortages, damages or non-delivery within the specified periods, the Supplier statement of account shall be deemed to be in order and the Purchaser shall be deemed to have received delivery of each and every item appearing on such statement of account, completed and in good order and condition? No responsibility will be accepted for any loss of mass or volume of products while in transit occasioned through drying or evaporation. The Supplier shall not be responsible for damages suffered by the Purchaser relating to mass and quality or non-delivery of goods where delivery is affected by a third party.
c) The Purchaser agrees that the signature of any agent, contractor, sub-contractor or, employee of the Purchaser on the Supplier’s official delivery note/invoice/waybill, or the delivery note of any authorized independent carrier will constitute delivery of the goods purchased.
d) Should the Supplier at the Purchaser’s request agree to engage a carrier to transport the goods for the Purchaser then i)The Supplier is authorized to engage a carrier on such terms and conditions as it deems fit. ii) The Purchaser shall indemnify the Supplier against all demands and claims which may be made against it by the carrier so engaged and all liability which the Supplier may incur to the carrier arising out of the transportation of the goods.
e) In the event of the Supplier acceding to any request by the Purchaser to postpone delivery of the goods or failing to give the Supplier sufficient information to enable it to process any order or if the Purchaser fail to take delivery of goods on the due date then the risk shall immediately pass from the Supplier to the Purchaser, the Purchaser shall refund to the Supplier on demand the reasonable cost (including) storage, interest of the value of goods and insurance of keeping the goods during the period of that delay.
f) In the event that the Supplier agrees to effect delivery by its own vehicle or those of a transport contractor to the Purchaser at its place of business, then the offloading will be effected by the Purchaser own employees at the sole risk of the Purchaser who will be responsible for all damage of whatsoever nature caused by or as a result of such offloading. The Suppliers employee may, if so requested or not, assist with such offloading but only at the sole risk of the Purchaser.
g) When the Purchaser collects goods from the Supplier using its own or its agent’s transport, then such collection will be entirely at the Purchaser’s risk and the Purchaser will be liable for all damage of whatsoever nature caused as a result of or during such collection. The Purchaser will be liable for loading the goods onto its transport provides that the Supplier may if so requested or not, assist the Purchaser with such loading, but only at the sole risk of the Purchaser.
h) The Purchaser will be required to pay for all containers which deposit will be refunded to the Purchaser on return of the returnable container to the Supplier in good condition, together with cap and fair wear and tear accepted.
i) The Supplier reserves the right to substitute goods which are similar to the goods ordered by the Purchaser provided that such goods are no less suitable for the purpose for which they are generally used than goods ordered by the Purchaser.
j) While the Supplier endeavors to deliver the correct quantity ordered, its quotations are conditional upon the margin of ten percent being allowed for over or under supply.
RETURN OF GOODS
In the exercise of its discretion the Supplier shall agree, at the request of the Purchaser, to accept the return of goods for credit, which were correctly supplied by the Supplier and are not faulty or subject to any claim, then the Supplier shall be entitled without the necessity of any further agreement to claim from the Purchaser a handling charge of ten percent of the invoice price of the goods.
1) All specifications, illustrations, drawings, diagrams’, price lists, dimensions, performance figures, advertisements, brochures and other technical data furnished by the Supplier in respect of the goods, and whether in writing or not, are furnished only on the basis that they will not form part of the content or be relied upon by the Purchaser for any purpose.
2) If any goods or any part of them are to be supplied in accordance with specifications, measurements, or other instructions furnished by the Purchaser, the Purchaser shall not have any claim of any nature whatsoever against the Supplier for
a) any loss or damage sustained by the Purchaser as a result of any error, discrepancy of defect in those specification, measurements or other instructions
b) if the goods in question are not suitable for the purpose for which they are required, whether those purpose are known to the Supplier or not.
3) The Suppliers liability to the Purchaser for any damages sustained by the Purchaser from any cause whatsoever, including any damages arising out of the Suppliers negligence or that of its servants, agents or sub-contractors, shall in any event and under all circumstances be limited to the replacement of goods which, at the date of delivery thereof are subject to a patent defect arising from defective materials or workmanship at the Supplies premises.
1. Except as provided in 3 the Supplier shall in no circumstances whatsoever be liable for any loss of profit or any damage direct or indirect, consequential or otherwise, sustained by the Purchaser whether or not caused by the negligence of the Supplier, its agents or employees.
2. Insofar as any of the Suppliers obligations under the contract are carried out by any of its servants, agents, sub-contractors, associates or subsidiaries the provisions 3 and 4 are stipulated for their benefits as well as the Suppliers and each of them shall be exempted accordingly.
3. The Purchaser shall not have any claim of any nature whatsoever against the Supplier for any failure by the Supplier to carry out any of its obligations under the contract as a result of causes beyond the Suppliers control, including but without being limited to any strike, lock-out or labor or materials, delays in transport, accidents of any kind, any default or delay by any subcontractor or Supplier, riot, political, or civil disturbance, the elements, any act of any State or Government, any delay in securing any permits, consent, or approval required by the Supplier for the supply of goods under contract, or any other authority ,or any other cause whatsoever beyond the Suppliers absolute and direct control.
Save as provide in 3 above all goods are sold “voetstoots” and without any warranties whatsoever.
SUSPENSION OF SUPPLIERS OBLIGATIONS
If any amount owed by the Purchaser is not paid on the due date, then without prejudice to or any other right it may have, the Supplier may immediately suspend the carrying out of any of its then uncompleted obligations until the payment is made.
CANCELLATION OF AGREEMENT
a. The supplier may cancel the contract or any uncompleted part of it if the Purchaser commits a breach of any of the terms or Conditions of the contract;
b. The Supplier’s rights in terms of (a) shall not be exhaustive and shall be in addition to its common law rights.
c. No relaxation which the Supplier may have permitted on any one occasion in regard to the carrying out of the Purchaser’s obligations shall prejudice or be regarded as a waiver of the Supplier’s rights to enforce those obligations on any subsequent occasion.
d. Upon the cancellation of the contract for any reason whatever (i) all amounts when owed by the Purchaser to the Supplier in terms of the contract shall become due and payable forthwith, (ii) the Supplier may retake possession of goods in respect of which ownership has not passed.
a. The Supplier shall be entitled but not obliged to institute any proceeding against the Purchaser, arising out of the contract, for the full balance outstanding including current purchases in any Magistrate’s Court having jurisdiction over the Purchaser notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrate’s Court. Further, the Purchaser agrees to be liable for all the legal costs, including costs of the attorney and client scale and collection charges including tracing costs which may arise.
b. A certificate signed by any Director of the Supplier showing the amount due and owning by the Purchaser to the Supplier at any given time shall be conclusive proof of the facts therein stated for the purpose of legal proceedings against the Purchaser for recovery of the said amount.
The Purchaser nominates its business address as reflected on this contract as its domicilium citandi et executandi for service upon it of all notices and processes whether in connection with any claim for any sum due to the Supplier or otherwise.