STANDARD TERMS AND CONDITIONS OF SALE
1. No variations from the terms and conditions herein contained, and no contrary stipulation by the buyer, shall be valid and binding unless expressly confirmed by us in writing.
2. Orders shall be accepted for delivery as and when the required goods can be made available by us. We shall be entitled to execute orders in part from time to time, and payment for each part of an order shall become due within the terms specified on the face hereof.
3. Whilst we shall make every endeavour to deliver the goods promptly or within the time indicated by us, we shall not be liable for any loss of profit or any damages, direct, indirect, consequential or otherwise, sustained by the buyer as a result of non- delivery or late delivery due to any cause whatsoever, in particular, but without derogating from the generality of the aforegoing, we shall not be liable for delays in delivery by the transporter.
4. The date of despatch of goods to the buyer shall constitute the delivery date. The person engaged to transport the goods shall for all purposes be the agent of the buyer irrespective of who nominated or appointed such transporter.
5. We shall not be required to deliver any goods to the buyer for so long as the buyer is in arrears with any payment owing to us from any cause of debt. In the event of the buyer committing an act of insolvency, or being placed under provisional or final management, liquidation or sequestration, we reserve the right to cancel any sale or order, and to stop further deliveries.
6. All risk in and to the goods shall pass to the buyer upon delivery thereof.
7. No claims shall be recognised by us unless lodged within 21 days after receipt of goods.
8. You shall have no claim for short delivery unless the quantity short delivered is endorsed on all copies of a delivery note presented for signature. If goods are damaged at the time of delivery you shall advise our sales office in writing within twenty- four hours of delivery. Should we agree to the return of goods, the buyer shall be obliged to pay to us a handling charge equivalent to 10% of the value of the goods returned plus delivery costs. VAT shall be added to such handling charge.
9. Unless contrary terms for payment have been provided herein, the buyer shall ensure that payment for the goods is received by us within the terms specified on the face hereof. Interest at the rate of 2% per month calculated from due date to date of actual payment shall accrue.
10. These terms and conditions apply to all contracts for the sale of goods entered into by us, whether or not such sales are pursuant to orders by telephone or facsimile placed with agents or representatives on our behalf, and supersede any terms and conditions of sale laid down by the buyer. Any and all alterations to these terms and conditions of sale shall be in writing and signed by both parties.
11. If payment of any particular purchase made is overdue, the purchase price for all purchases made, shall immediately become due and payable notwithstanding the provisions of paragraphs 2 and 8 hereof.
12. (a) Should the buyer be in default in any respect whatsoever, we shall be entitled in our sole discretion to institute action against the buyer in any competent Court of Law and the buyer consents to the jurisdiction of the Magistrate’s court in terms of Section 45 of Act 32 of 1944 as amended.
(b) Notwithstanding the aforegoing, we shall not be obliged to institute action against the buyer in the Magistrate’s Court and the buyer hereby submits to the jurisdiction of the High Court of South Africa, Gauteng Local Division, in respect of any action instituted against the buyer by us.
13. In the event of action being instituted against the buyer by us, the buyer agrees to pay costs on the attorney and own client scale including collection commission.
14. The buyer agrees to notify us in writing within seven (7) days of any change in ownership of the buyer’s business or should the buyer be a company any share transaction whereby the majority shareholding is affected. Should the buyer not so notify us, then the buyer shall be deemed to have guaranteed the obligations of the purchaser of the business or the shares as the case may be.
15. In the event of an order being given to us on the official order form of the buyer, the buyer shall be estopped from denying the validity of such order, notwithstanding the fact that such order may have been given or signed by a person not authorised by the buyer.
16. The buyer chooses domicilium citandi et executandi for all purposes arising out of this contract at its address reflected on the reverse side hereof.
17. We make no representation and give no guarantee or warranty whatsoever in respect of the goods (or part thereof), whether as to fitness for any particular purpose or otherwise, whether such purpose be known to us or not, and no such representation, warranty or guarantee shall be implied. More particularly we give no warranty that any specifications or technical information relating to the goods is correct, the onus being on the purchased to establish same.
18. All warranties or guarantees otherwise implied by common law or claims by the purchaser are hereby excluded.
19. In no event shall our liability, whether in delict or contract, exceed the liability to replace defective goods, the onus of proof of such defect being on the purchaser.
20. Under no circumstances whatsoever, shall we be liable for any consequential loss or damage, direct or indirect, howsoever arising, whether within the contemplation of the parties or otherwise.