1. SCOPE OF CONDITIONS
1.1These conditions shall govern all business dealings by the Company whether in respect of advice given, services rendered or goods sold and each condition shall be deemed to be incorporated in any agreement between the Company and its customer.
1.2 No agent or employee of the Company, other than one of the Directors, has the Company’s authority to alter or vary these conditions by an undertaking or promise given before or after receipt of these conditions.
1.3 No agreement varying, adding to, deleting from or cancelling any of, these conditions, and no waiver of any rights under these conditions shall be effective unless reduced to writing and signed by the Director of the Company.
2.1 Quotations shall be valid only if given in writing.
2.2 All quotations shall hold good for a period of 21 days from the date thereof.
2.3 A binding contract will come into existence upon acceptance by the customer of this quotation.
2.4 Quotations are based on the currency exchange rates and government levies and taxes prevailing at the date of the quotation.
2.5 If after the date of quotation:
2.5.1 there is a change in the relevant foreign currency exchange rates; or
2.5.2 the government levies or taxes are increased or new taxes are imposed;
which has the effect of increasing the costs to the Company of supplying the goods, then the Company shall be entitled to adjust the price of the goods to take into account these additional costs.
3.1 Unless otherwise specifically agreed to by the Company in writing, all sums shall be paid to the Company with 30 days of first statement. Payment may not be withheld or deferred on account of any counter-claim or set off.
3.2 Any amount not paid on due date shall at the discretion of the Company, bear interest from due date until payment thereof in full at a rate 3 per cent per annum above the prime overdraft rate charged from time to time by First National Bank Limited.
4.1 The Company warrants that all components sold by it will, under normal use and service, remain free from defects arising from faulty material and workmanship for a period of one month from date of delivery.
4.2 Delivery shall be deemed to have taken place on the date reflected on the Company’s delivery note.
4.3 The Company will make good by replacement or, at its discretion, by repair, any goods sold by it which within a period of one month after delivery and under proper use are proved to the satisfaction of the Company to be defective as a result of faulty material or workmanship. The defective components must be returned to the Company if the Company so requires. If the goods prove to be defective the Company will bear the transportation cost incurred in the return of the goods.
4.4 Because the Company has no control over the installation of the goods it does not warrant that any goods sold by it will be fit for the purpose for which they may be intended by the customer.
5. LIMITATION OF LIABILITY
5.1 Subject to the provisions of 4.1 and 4.3 above, neither the Company nor any of the Company’s suppliers, associate companies, officers, employees, or agents shall be liable for any loss or damage of whatever nature, whether direct, indirect, consequential or otherwise, suffered by a customer as a result of any cause arising from the sale by the Company of any goods (including without limitation, late delivery for whatever reason and any cause arising from anything done or not done pursuant to the contract), whether such loss or damage results from breach of contract (whether fundamental or otherwise) delict, or any other cause without limitation.
5.2 If a customer sells, leases or disposes of any goods sold to it by the Company to a third party, or otherwise permits a third party use such goods, the customer shall include in the customers agreement with the third party a provision in terms of which the third party grants similar protection to the Company and the Company’s suppliers, associate companies, officers, employees and agents.
6.1 Where a customer collects goods from the Company’s premises risk in the goods shall pass to that customer immediately the goods are delivered to him. The signature of the employee of the customer shall be prima facie of delivery.
6.2 Where a delivery is made by means of the Company’s transport, then in such event risk in the goods whilst in the Company’s vehicle and whilst in transit shall remain with the Company until the goods in question are delivered to the customer.
6.3 When a delivery is made by the Company to the customer through the medium of the South African Railways or any other carrier, then and in such event all risk in and to the goods in question shall pass to the customer against delivery of the good by the Company to the South African Railways or such other carrier at the point of delivery by the Company.
7.1 Subject to 7.2 the Company will make all reasonable efforts to deliver the goods at the delivery dates recorded in any quotation.
7.2 Each delivery date recorded in a quotation is:
7.2.1 subject to the prompt receipt by; the Company of all information, specifications and other data necessary to enable it to perform its obligations in terms of the contract;
7.2.2 approximate only and is not to be construed as a material term. The customer shall not be entitled to cancel this contract or to refuse to accept delivery because the delivery dates have not been met.
7.3 If delivery is to be made by instalments then:
7.3.1 each instalment shall constitute a separate contract; and
7.3.2 the Company; shall be entitled to withhold delivery of any undelivered instalments until all monies payable for delivered instalments have been paid.
8.1 The agreement wherever made shall be governed and construed according to the Laws of the Republic of South Africa.
8.2 In the event of the Company deciding to institute legal action for the enforcement of any of its rights against a customer, the customer consents to the jurisdiction of the Supreme Court of South Africa (Durban and Coast Local Division).
8.3 Notwithstanding the provisions of 8.2, the Company shall be entitled to institute proceedings against the customer in the Magistrate’s Court which would, but for the amount involved, have jurisdiction.
8.4 All goods sold in terms of this quotation remain the property of the Company until paid for in full and until such time may not be alienated, pledged or hypothecated in any way.
8.5 If any debt owed by a customer to the Company becomes overdue and is handed to attorneys for collection the customer agrees to bear all the legal costs incurred including collection commission on the attorney / client scale.
8.6 Any complaint regarding goods delivered by the Company to a customer must be communicated to the Company in writing within 10 (ten) days of the date reflected on the Company’s delivery note.
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