TERMS AND CONDITIONS
1.1. Quotations shall be valid only if given in writing.
1.2. All quotations shall hold good for a period of 30 days from the date thereof.
1.3. A binding contract will come into existence immediately upon acceptance by the customer of this quotation.
1.4. Quotations are based on the currency exchange rates and government levies and taxes prevailing at the date of the quotation. (Subject to specific details in quotations on imported goods)
1.5. If after the date of quotation:
1.5.1. There is a change in the relevant foreign currency exchange rates; or
1.5.2. The government levies or taxes are increased or new taxes are imposed; which has the effect of increasing the cost to the Company of manufacturing the equipment then the Company shall be entitled to adjust the prices of the equipment to recover such additional costs.
1.5.3. This does not apply to items that have already been ordered.
1.6. Unless otherwise stated all prices quoted are ex factory, un-crated.
2.1. Unless otherwise specifically agreed to by the Company in writing, all sums shall be paid to the Company within 30 days of date of first statement. Payment may not be withheld or deferred on account of any counter-claim or set off.
2.2. 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 FNB, a division of FirstRand Bank Limited, Registration No. 1929/001225/06.
3.1. Subject to 3.2, the Company will make all reasonable efforts to deliver the equipment by the delivery dates recorded in any quotation.
3.2. Each delivery date recorded in quotation is approximate only and is not to be construed as a material term. The customer shall not be entitled to cancel this contract or refuse to accept delivery because delivery dates have not been met.
3.3. Neither party will be liable for inadequate performance to the extent of a Force majeure condition, such as
3.3.1. A natural disaster; act of terrorism; riot, labour condition; governmental action and internet disturbance.
3.3.2 That is beyond the party’s reasonable control.
3.3.3 The party affected by Force Majeure shall not assume any liability under the specific agreement. However, subject to the party affected by Force Majeure having taken its reasonable and practicable efforts to perform the specific agreement, the party claiming for exemption of the liabilities may only be exempted from performing such liability as within limitation of the part performance delayed or prevented by Force Majeure. Once causes for such exemption of liabilities are rectified and remedied, both parties agree to resume performance of the specific agreement with their best efforts.
4.1. Where a customer collects equipment from the Company’s premises risk in the equipment shall pass to that customer immediately the equipment is delivered to him. The signature of the employee shall be prima facie proof of delivery.
4.2. Where delivery is made by means of the Company’s transport, then in such event risk in the equipment whilst in the Company’s vehicle and whilst in transit shall remain with the Company until the equipment in question is delivered to the customer.
5.1. The agreement wherever made shall be governed and construed according to the Laws of the Republic of South Africa.
5.2. 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 Port Elizabeth High Court.
5.3. The Company shall be entitled to institute proceedings against the customer in the Magistrates Court (Port Elizabeth) which would, but for the amount involved, have jurisdiction.
5.4. All equipment sold in terms of this quotation remains the property of the Company until paid for in full and until such time may not be alienated, pledged or hypothecated in any way.
5.5. No agent or employee of the Company, other than 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.
5.6. 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 one of the Directors of the Company.
5.7. Any complaint regarding equipment 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.
5.8. If any debt owed to the Company becomes overdue and is handed to the attorneys for collection the customer agrees to bear all the legal costs incurred including the collection commission on the attorney’s own client scale.