CONDITIONS OF SALE
Last updated: 24 October 2018
1. PAYMENT TERMS, TRANSFERS OF OWNERSHIP AND CREDIT FACILITIES
1.1 Payment shall be made on the terms stipulated by the Company as follows:
Account holders – within thirty (30) days of the date of any statement on which the sale is first recorded or as stipulated on the signed credit application.
Cash customers – direct deposit or electronic funds transfer (EFT). Cash and credit cards only accepted if the customer collects the order at the branch against tendering payment by card.
1.2 Payment for the goods shall be made without any deductions or set off whatsoever – under no circumstances shall any retention be applicable.
1.3 Ownership of any goods purchased shall remain vested in the Company until all monies owing to the Company have been paid and received in full.
1.4 If the customer uses the Company’s goods in any construction works, the customer hereby cedes to the Company all rights in and to any contractor’s lien which the customer may have related to such works.
1.5 In the event of the customer’s default, the Company shall be entitled to recover possession of its goods and may do so without notice and without the necessity to cancel the contract of sale. The Company will credit the customer’s account / refund the customer in cash with the value of such recovered goods at the prices at which they were invoiced less handling charge (10% minimum) and any further allowance for goods depreciation, damage or devaluation due to any cause whatsoever.
1.6 Credit facilities may be approved, altered or withdrawn at any time at the Company’s sole discretion and should the customer be placed in mora all amounts outstanding are due and payable on demand.
2. CHANGE IN OWNERSHIP / AUTHORISED REPRESENTATIVE
The Company must be informed of any change in ownership / authorised representative in the credit receiver in order for any such change to be effective and binding against the Company. All changes in owners and revocation of authorisation must be communicated in writing.
3. PRICES
3.1 All prices quoted shall include Value Added Tax.
3.2 Notwithstanding any provision to the contrary herein or elsewhere contained, fluctuations in our costs for any reason shall be for the purchaser’s account, without notice required.
3.3 Prices applicable shall be the ruling prices on the date of delivery unless stated otherwise.
4. WARRANTY
All goods are backed by the manufacturer’s warranty against faulty design, material or workmanship. Any claim arising from a defect in the goods sold by us will be passed on to the manufacturer / supplier who will determine factually whether the claim is justified. We undertake to diligently pursue a customer’s claims to the best of our ability in the customer’s interest but the manufacturer’s decision shall be final. The Company shall not be held liable for and the customer exempts the Company from any liability whatsoever for any damages either direct or consequential and indemnifies the Company accordingly.
5. DELIVERY
5.1 The Company’s responsibility ceases on delivery to the customer, railways, post office, carrier or client’s own transport, as the case may be.
5.2 Where the Company undertakes delivery with its own vehicles, delivery shall be the public kerb line at the entrance to the customer’s site. The Company delivery vehicles enter, and remain on, the customer’s site at the customer’s sole risk. The customer hereby indemnifies the Company against any late delivery and shall accept delivery when tendered.
5.3 Any time or date for delivery is given in good faith. The customer shall not be entitled to cancel or repudiate the contract / order or claim charges and / or damages (direct or consequential) due to late delivery and shall accept delivery when tendered.
5.4 In the case of cash customers, delivery will only take place once full payment for the goods has been received and reflects on the Company’s bank statements.
6. CLAIMS
Any claim which the customer may have must be lodged in writing within seven days from the date of invoice, stating the nature and extent of the claim. Failure to object in writing to any item on the Company’s statement of account within twenty-one (21) days of date of dispatch of such statement shall be deemed to be acceptance and prima facia proof of the correctness of the customer’s indebtedness.
7. ORDERING
7.1 In the event of an order being given to the Company on the customer’s official order form, the customer shall be estopped from denying the validity of such order notwithstanding the fact that such order may have been signed by a person not authorised by the customer.
7.2 In the event of an order being given to the Company via the Company’s official Website, the customer shall be estopped from denying the validity of such order notwithstanding the fact that such order may have been submitted by a person not authorised by the customer.
7.3 Goods may only be issued against a written order either on a customer’s own order form or the Company’s order form. Telephonic orders will only be accepted if the customer’s order number is quoted and the written order is faxed, e-mailed or posted and marked ‘confirmation only” promptly thereafter, and in any event within one business day. All telephonic orders processed as stipulated will be at the customer’s risk and the customer shall be estopped from denying the authority for such order(s).
8. GOODS RETURNED
8.1 The acceptance by the Company of any return of goods shall be a matter entirely in the Company’s discretion, and if accepted, a handling charge shall be levied as appropriate to the type of goods returned.
8.2 The customer is responsible for obtaining a “Goods Returned Voucher” on return of goods to the Company, but this does not oblige the Company to issue a credit note at the prices invoiced to the customer when the customer bought the goods, or if the goods returned cannot be disposed of by the Company for any reason whatsoever.
9. No amendments to this document are accepted unless agreed in writing by an authorised representative of the Company.
10. GENERAL
The reservation of E. & O.E. (meaning errors and omissions excepted) governs in all circumstances.
