B u s i n e s s S o l u t i o n s
{XYZ Products, Inc. strives to deliver the best in high-value, low-priced products}
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General Conditions
1.Application of conditions 1.1The following Conditions of Sale are applicable to all supplies by CR Technology (Pty) Ltd (herein referred to as “The Company”) unless expressly agreed in writing to the contrary and shall govern any contract between the Customer and the Company. The Customer is deemed to have signified his acceptance of these Conditions by inter alia placing any order with the Company or otherwise contracting with the Company. 1.2 All goods sold by the Company are subject to these Conditions of Sale. The placing of orders with the Company, acceptance of tenders or acceptance of delivery shall constitute acceptance of these conditions to the exclusion of all others and in particular it is expressly agreed by the person, firm or company issuing the order (hereinafter referred to as “the buyer”) that the contractual conditions (if any) with the buyer are excluded in their entirety. 1.3 No variation or amendment hereof shall be of any force or effect unless agreed to in writing by the Company and signed by it. Clerical errors and omissions by the Company shall however be subject to correction at the election of the company.
2.The Goods
2.1The quality of the goods shall be as specified in the order, or if not specified shall be the normal run of goods available from the Company at the time of delivery. 2.2 No other warranty or representation, apart from that set out in paragraph 2.1 is given and there is no representation that any goods sold by the Company are fit for any particular use. The onus shall be upon the buyer to satisfy itself that the goods are fit for the use for which they were intended. 2.3 The buyer shall be entitled, at its own expense, to test the Company’s goods in regard to conformity with specifications at the Company’s premises, prior to placing of an order. The buyer shall not be entitled to reject or contest the quality of any goods delivered therein, unless it is not in accordance with the sample originally tested. 2.4 The Company’s liability in respect of goods sold by it shall be restricted to either repairing the goods or replacing ex works the said goods or any part thereof proved not to be in accordance with this paragraph, or not to conform with specification. This liability is subject to the following provisos: (a) that the defect in the goods does not arise by reason of any act, default or omission, negligence or improper handling on the part of the buyer, its servants or agents, but arises solely from faulty design, materials or workmanship of the Company, and(b) that the buyer has notified the Company, in writing, within twenty one (21) days of delivery of such goods of any alleged non-conformity to specification; and (c) the buyer, at its own expense, shall return all defective parts to the Company together will all information the Company may require to determine cause of defect if the Company shall so request; and (d) the buyer bears all labour costs, whether they be of the Company, the buyer or any other party and all carriage, customs and other duties. 2.5Liability of the Company howsoever arising is limited to making good any defect or (at the option of the Company) replacing the defective parts or goods as set out in this clause, and subject as aforesaid, the Company shall not be liable for any contingent liability of any kind nor for any personal injury, expense, damage or loss, including (but without prejudice to the generality) loss of production, profits, damage to plant or any consequential or special loss or damage of any nature whatsoever, howsoever arising and howsoever caused and including the negligence of the Company, its servants or agents. 2.6 The above replacement, repair provisions do not extend to goods not manufactured by the Company in respect of which no warranty or undertaking whatsoever is given. The buyer shall, however, be entitled to the benefit of any warranties given to the Company in respect thereof and which the Company is able to enforce. 2.7 The warranty given in terms of paragraph 2 hereof is in lieu of and to the exclusion of any condition, guarantees, warranties or other representations, whether express or implied by law and the buyer acknowledges that save as set out in the order, so such guarantees, warranties or representations have been given by or on behalf of the Company and that the buyer will not have placed the orders for goods with the Company on the face of any conditions, guarantees, warranties or other representations. 2.8 Paragraph 2 hereof constitutes the buyer’s sole remedy to the exclusion of cancellation, damages, consequential damages, specific performance and any other remedy of whatsoever nature.
3.Delivery
3.1 A buyer shall be entitled to have the goods collected by or on his own behalf, if so stated on the order. Otherwise, all goods sold by the Company will be delivered by it in transport of its choice to the address as recorded by the Company and by the route and means of transportation designated by it and the buyer shall accept delivery thereof at such address.3.2 The Company shall endeavor to effect delivery within the period and/or quoted, but such dates or times shall not be binding on the Company. The buyer shall not be entitled to cancel or repudiate the contract or refuse delivery or claim damages from the Company due to late delivery.3.3 The Company will effect delivery during its normal working hours, Mondays to Fridays. If the buyer requires delivery outside such hours, it shall pay the Company’s overtime or surcharge rates then prevailing.3.4 Signature on the delivery shall constitute proof of delivery.3.5 Ownership of the goods shall not pass to the buyer until the Company has received payment in full. Risk shall, however, pass to the buyer as soon as the goods are placed on the road, rail or other transport and the Company’s responsibility ceases. Any insurance on the goods thereafter shall be effective at the risk and expense of the buyer.
4.Force Majeure
4.1 The Company will not be liable for any injury, loss, damage or expense of whatsoever kind arising from strikes, lock-outs, cessation of labour, shortage of materials, transport delays, manufacturer’s delays, delay or failure of delivery of goods or materials, by suppliers or other persons, acts of God, commercial frustration or any circumstance whatsoever (whether similar to the foregoing or not) beyond the Company’s control4.2 Any delay in delivery resulting from any such cause mentioned in paragraph 4.1 hereof, shall in no circumstances entitle the buyer to cancel, repudiate or terminate the contract, nor shall the buyer have any claim as a result of such suspension, delay or cancellation.4.3 In the event of the Company being prevented or delayed in accordance with paragraph 4.1 hereof from making delivery of any goods at the time specified in the contract, the Company shall have the right to cancel or suspend deliveries, without prejudice to its right to payment for goods already delivered and the buyer shallhave no claim as a result of such suspension, delay or cancellation.
5. Terms of Paymnent
5.1 The Company’s prices are subject to revision without notice. The prices payable will be the Company’s rates prevailing at the date of delivery of the goods and any variation between rates prevailing at the date of delivery, shall be for the account of the buyer.5.2 Where no other terms of payment have been agreed upon by the Company, the Company shall be entitled to quote exclusive of value-added Tax, which he buyer shall bear and pay to the Company on effecting payment to the Company. The buyer shall further reimburse the Company for all its taxes, excise or other charges which the Company may be required to pay to any Government Authority (National, Provincial or Local) levied upon the importation, production, storage, sale, transportation and use of the goods.5.3 All prices quoted by the Company are nett unless otherwise stated.5.4 Where no other terms of payment have been specified by the Company, payment shall be made not later than the 25th of the month following delivery of the goods or receipt of the relevant invoice or statement whichever is the earlier. The Company reserves the right to charge interest on all overdue amounts at the ruling bank overdraft interest rates.5.5 All goods shall be kept free of pledges or other encumbrances until they have been fully paid for.5.6 When payments are in arrears the Company may at its discretion, place the account on a C.O.D. basis.5.7 The buyer shall not be entitled to withhold payment of any amount payable to the Company under the contract because of any previously disputed claim of the buyer in respect of faulty goods or any other alleged breach of the contract or any other contract between the buyer and the Company, nor shall the buyer be entitled to any rights of set-out against any amount payable to the Company under this or any other contact. The Company’s obligations under the contract (if any) are subject to terms of payment and all other of the buyers obligations under the contact being strictly observed.
6.General
6.1 Any notice required to be given to the buyer shall be properly given if sent by registered letter, telex or telegram, or delivered to the address given by the buyer. Notices to the Company shall be given to it at its office nearest to the relevant buyer’s business. Notice must reach the addressee within the period required in these conditions for the giving of notice to be valid.6.2 Any action arising out of any purchase contract or in respect of the goods, shall be brought at the Company’s sole election and discretion, either in such division of the Supreme Court of South Africa as is chose by the Company or in such Magistrates Courts as is chose by the Company, in which latter case, the buyer in terms of Section 45 read with Section 28 of Act No. 32 of 1944, hereby consents to such jurisdiction. The Company shall further be entitled at is sole election and discretion to require any dispute between it and any purchaser to be referred to arbitration in terms of the Arbitration Act No. 42 of 1965; provided that the arbitrator shall be a practicing State’s or Senior Council chosen by the Company and his decision shall be final and binding upon the parties. Such arbitration shall be carried out in a summarily manner on the basis that it shall be necessary to observe or carry out the usual formalities or procedures and that there shall not be any pleadings or discord or restrict rules o f evidence need not be complied with.6.3 All contracts shall be governed in accordance with the laws of the Republic of South Africa and the South African Course or arbitrator shall have sole jurisdiction in respect thereof.6.4 Contract entered into with the Company shall not be capable of cession, assignment or transfer by the buyer, without the written consent of the Company, but shall be capable of cession, assignment or transfer by the Company without the consent of the buyer.
Application of conditions
Industrial Hardware for Africa
terms and conditions