1.1 These conditions of sale replace all previous arrangements.
1.2 These conditions of sale take precedence over and supersede any contractry conditions or terms stipulated by the purchaser regarding the goods sold in terms hereof.
1.3 No variations or cancellation of any of these conditions of sale will be valid unless confirmed in writing by the executive officer of the seller.
1.4 Placement of orders by the purchaser will constitute acceptance of these conditions of sale, The onus being on the purchaser to be acquainted with the contents hereof.
2.1 The issuing of a price list does not constitute an offer to purchase goods as per price list and are subject to change without prior notice. All invoicing will be at ruling price on the day of invoicing, Unless otherwise agreed to in writing by the executive officer of the seller.
2.2 Should import duties or any other levies be imposed on the imported goods after the acceptance of the order by the seller, the seller shall be entitled to increase the price stipulated in order to compensate for the effects of such an increase or imposition of such duties or levies.
2.3 Prices will be based at the exchange rate ruling at the time of dispatch of the order.
2.4 All prices quoted exclude value added tax (VAT) at its current rate of 15%
3.1 All prices are EX warehouse and exclude delivery costs. All dispatched goods are at the purchasers risk. Having handed the goods to the purchaser or his/her nominated representative ( driver / courier company etc) risk in the goods pass onto the purchaser as soon as the invoice has been signed.
3.2 Ex - stock items offered are subject to prior sale.
3.3 The seller reserves the right to suspend or cancel any unfulfilled obligations, should it be unable to perform due to unforeseen factors beyond its control.
Credit Facilities, Terms and Payments
4.1 Credit facilities granted are payable strictly 30 days from statement date.
4.2 No deductions, other than normal settlement discount where applicable may be deducted by the purchaser from invoices/ statements where written confirmation has been given by the executive officer of the seller.
4.3 The seller shall be entitled to appropriate payment received from the purchaser first to it's indebtedness in respect of the cost and thereafter from whatsoever cause and whenever arising.
4.4 Where any payment is in arrear, the seller may in its discretion, without specifying any reason, delay or refuse delivery of the goods ordered until satisfactory arrangements for payment has been made.
4.5 Should the purchaser fail to make payments of any amount due to the seller punctually on the due date, then the full amount owing by the purchaser to the seller shall, forthwith become due and payable. Notwithstanding any other terms of agreement between them
Legal Costs And Jurisdiction
5.1 The purchaser shall be liable to the seller for all legal expenses on the attorney -and-own client scale of an attorney and counsel incurred by the seller in the event of
(a) any default by the customer.
(b) any litigation in regard to the validity and enforceability of this agreement. The purchaser shall also be liable for any tracing, collection or valuation fees incurred, as well as for any costs, including stamp duties for any form of security that the seller may demand.
5.2 Should the services of an attorney or collection agency be necessary for the collection of amounts due from the purchaser, the purchaser will be liable for all such costs that may arise.
5.3 The purchaser consents to the jurisdiction of any magistrate's court, notwithstanding the fact that the claim may exceed the normal jurisdiction of the magistrate's court as to the amount.
Ownership and Risk
6.1 Ownership of all goods dispatched by the seller to the purchaser is reserved to the seller until such time as payment is made by the purchaser to the seller of all amounts due and / or owing from whatsoever cause arising.
Limitation of Liability / Warranties / Indemnities
7.1 Under no circumstances will the seller be responsible for any consequential loss of profits which the purchaser may suffer by reason of the sellers failure to carry out any one or all of it's obligations to the purchaser.
7.2 No representation, guarantee or warranty is given in respect of goods sold, in the event of the goods being proved to be defective, the liability of the seller is limited to the replacement of such defective goods or to pass a credit for the amount invoiced.
7.3 The purchaser hereby expressly indemnifies the seller against any claims or losses that may be suffered by the purchaser.