Conditions of Sale - Standard Machine Tools
CONDITIONS OF SALE
By using this website or accept any offer you automatically agree to our Conditions of Sale as set out below:
This agreement is subject to the terms and condition, if applicable, of the Consumer Protection Act and Regulations, Act 68 of 2008.
2. EXCHANGE RATE
Prices of imported goods, whether expressed in South Africa or foreign currency, are based on the ruling exchange rate applicable at the date of the quotation and are subject to adjustment in the event of any variation thereof, calculated at the rate at which the seller makes payment to the foreign manufacturer or supplier as the case may be, which adjustment shall be for the purchaser’s account.
3. PRICE VARIATION
3.1 All prices of imported goods or goods to be manufactured are based on the ruling costs of material, labour and transport prevailing at the time of the quotation. The quotation given is an estimate pertaining to this specific transaction or the consumer waives his rights as set out in Section 15 of the Act. If fluctuations occur between that date and the date of dispatch of the goods from the manufacturer’s works to the purchaser (whether in the Republic of South Africa or overseas), the selling price shall be adjusted accordingly.
3.2 Prices for all importation costs and delivery charges whether included in the price of the goods or stated separately are based on the rates of freight, insurances, landing charges, dock dues, customs and import duties, railage and coastal ruling charges, import surcharges, import deposits and the like applicable as at the date of the quotation and is an estimate. Any variation of this estimate in any of the above or any increase of a like type of costs to the seller between the date of quotation and the estimate hereby given and the arrival of the goods at the purchaser’s premises will be for the purchaser’s account.
3.3 Prior to the acceptance of any quotation and/or estimate, prices and technical specifications quoted are subject to withdrawal or alteration at any time until an order is received by the seller.
3.4 In Lieu of partial payments, outstanding amounts are subject to increases due to variations in the rate of exchange or in our cost factors.
- BONA-FIDE ERROR
If a bona-fide error by the seller should result in a quotation and subsequent contract from which the seller wishes to resale it may do so at any time before payment is made in full by the purchaser.
5. GENERAL SALES TAX
All prices are exclusive of General Sales Tax or any substitution or variation thereof.
6. DELIVERY TIME
The time stated for delivery is given in good faith based on current industrial and shipping conditions as well as information, furnished by the manufacturers and/or suppliers and is approximate only and the seller will attempt to have the goods delivered within a reasonable time after the conclusion of the transaction or agreement. The seller is however not in a position to give any warranty with regard to exact delivery dates.
Unless otherwise agreed, payment on the terms stated herein shall be made for each part or portion of the plant as delivered. Unless otherwise stated, terms of payment are on or before the 15th day of the month following delivery of the goods. Time for payment, including extension thereof, shall be of the essence of the contract.
In the event of the seller retaking possession of the aforesaid goods, it will be valued by an Independent Valuator and in the event of there being any shortfall the seller will be entitled to claim any outstanding amount and if there is any excess after the goods have been valued and sold, such excess will be paid to the purchaser. Ownership of the goods supplied will remain in the seller until the entire purchase price and all other sums due shall have been fully paid. If the unpaid balance plus interest is not satisfied by the nett proceeds of such sale after deducting the expenses of taking possession of and making any repairs necessary to the place the goods in a salable condition, storage charges, taxes, liens, attorney and client costs and collection agency fees and other necessary expenses in connection therewith, the purchaser shall forthwith make payment to the seller of the amount of such deficiency.
9. EXTENTION OF TIME
If any extension of time for payment is granted to the purchaser, or any variation of the terms of payment are agreed upon after delivery such extension or variation shall in no way affect the rights of the seller as contained in clauses 7 and 8 hereof. The purchaser will be responsible for the safe custody of the goods from the time of delivery until payment in full has been affected and undertakes to insure the goods against all risks.
The seller shall be entitled, without prejudice to its other rights or remedies, to cancel the contract wholly or in part or to suspend any further deliveries under the contract in any of the following events:-
10.1 If any debt due by the purchaser to the seller is not paid;
10.2 If the purchaser has failed to provide within the time specified by the seller any letter of credit, bills of exchange or any other security required by the contract;
10.3 If the purchaser or its agent has failed to take delivery of any goods in terms of the contract;
10.4 If the purchaser compromises or attempts to compromise with its creditors or commits any act of insolvency or allows any final judgement to remain unsatisfied for seven days or longer, or, being an individual, surrenders his estate or is sequestrated or being a corporation or a company is liquidated or applies for a business rescue.
Interest at 1.5% (one and half percent) per annum above current bank prime overdraft will be payable by the purchaser on all overdue accounts but the seller will at all times be entitled to abandon this claim for interest should it so wish.
12.1 The seller and the purchaser have inspected the goods and both agree that the goods supplied are suitable for the use for which they are intended.
12.2 The purchaser is aware that any goods purchased from the seller must be operated by a proper qualified operator or technician and the operator/technician has been made aware of the risk involved in operating the machine or the goods and the seller will not be liable for any damages caused as a result of failure of the purchaser to use the goods or operate the goods by unqualified personnel.
12.3 The purchaser has also been made aware of the fact that the goods sold must be properly maintained as set out in the manual supplied with the goods and the purchaser has been adequately instructed and warned about the use of the goods, the potential hazard that may arise from the goods and with the use of the goods sold. The purchaser has examined and chosen the goods himself and is satisfied with the condition thereof.
12.4 In the event of any amendments or changes being made to the goods after being in the control of the seller, the seller will not be liable in terms of the guarantee as set out in the act.
12.5 New Goods
The seller undertakes at its option to replace or repair any defective goods or any defective part thereof subject to the following conditions:-
12.5.1 The purchaser shall in writing give the seller full details of any alleged defects within seven days of the defects becoming apparent;
12.5.2 The purchaser shall be responsible for the costs of any necessary dismantling
and re-assembly and shall if the seller so requests return the allegedly defective goods or parts to it for examination or for any other purpose;
12.5.3 If the seller does not in its discretion accept that the goods or part are defective it shall be under no obligation in terms of this agreement save that the purchaser shall at its cost be entitled to have such goods or parts submitted to the manufacturer or determine whether the manufacturer will replace or repair them;
12.5.4 All transport and associated costs in relation to conveying goods or parts pursuant to this guarantee to or from the seller to the manufacturer shall be paid by the purchaser.
12.5.5 Ownership of any goods or parts which are replaced shall revert to the seller.
12.5.6 This guarantee is limited to 12 months from the date of delivery and all the terms set out in this paragraph are subject to the warranty as set out in Section 56 of the Act.
12.6 Second Hand Goods or Used Goods
Second hand goods and used goods are sold “voetstoots” (As is) and a guarantee of three months is given in terms of the Act.
13. PRODUCT CAPACITY
Where production figures are given, it is understood they are estimates based on calculations and put forward in good faith but are not guaranteed. The purchaser assumes responsibility for the capacity and performance of the goods being sufficient and suitable for the purchaser’s purpose and for the purchaser’s premises being suited to the installation and operation of the plant and machinery.
Copyright in drawings made by or for or supplied by the seller remains the seller’s property.
15. LOSS OF PROFIT, DAMAGE ETC.
15.1 The seller shall not incur any liability whether for direct or consequential loss or damage arising out of any contract sale, specification or description other than that herein set out and expressly contract out of any liability for any implied warranty or representations express or implied and out of any liability arising from negligence whether ordinary or gross.
15.2 Where the seller manufactures or supplies goods to purchaser’s specifications and/or drawings, or carries out work according to purchaser’s instructions or those of his advisers, the seller accepts no responsibility for the efficiency or work-ability of goods manufactured or work carried out. In this regard the purchaser indemnifies the seller in respect of any claim arising from any infringement of any patent or other rights occasioned by the execution of any order in pursuance of the purchaser’s specific requirements or from any loss arising therefrom.
15.3 The seller shall not be liable for any options expressed or undertakings given not embodied herein, save and except such as may be mutually agreed upon. In particular, it is specifically agreed that the seller does not warrant that the goods are suitable for any particular purpose.
16. DRAWINGS, SPECIFICATIONS, CHARGES ETC.
Illustrations, drawings, dimensions or weights submitted in connection with any quotation are given in good faith and are approximate only and shall not form part of the contract unless specifically confirmed by the seller. Freight charges are based on packing specifications as furnished to the seller by its supplier at the time of quotation but in the event of any alteration to the specification, any variation in the freight charges will be for the account of the purchaser.
17. ERECTION AND/OR INSTALLATION
17.1 The purchaser shall provide for the erection and install the goods sold after delivery unless specifically agreed to the contrary between the parties. The seller shall, however, be engaged to start up at the purchaser’s costs which shall be in addition to the purchase price unless there is agreement to the contrary. No guarantee in terms hereof will apply unless the seller performs start up.
17.1 Where it is agreed that the seller shall erect and/or install the goods sold the following conditions shall apply:-
17.2.1 The purchaser shall provide and prepare the site for the erection and/or installation at its own expense.
17.2.2 Any extra cost in erection or installation, incurred by the seller by reason of suspension of work, delays, overtime or other causes beyond the seller’s control or arising from the purchaser’s default or variation of the original instructions shall be for the purchaser’s account.
17.2.3 Where the seller undertakes to install machinery in running order, the purchaser shall supply all power, air, fuel, oil or water necessary for the purposes. If due to causes beyond the seller’s control commissioning cannot
take place on completion of erection or installation, the seller reserves the right to withdraw its staff and to charge an additional amount on their return.
18.1 Failure by the seller to enforce any of its rights under these conditions shall not be deemed to be a variation or waiver of its rights under these conditions, all of which shall remain vested with the seller from the date of accrual of such rights.
18.2 The seller will use its best endeavours’ to implement the contract within the time fixed or any extension thereof, but shall not be held responsible for delays in delivery, erection or installation due to breakdown of machinery, strikes, labour dispute, war, riot, civil commotion, shortage of material or labour, delays in delivery from overseas shippers or manufacturers, transportation, accidents, regulations or orders of any authority or other causes beyond the seller’s control.
18.3 Time shall not be of the essence in respect of this contract except where it is specifically so stated.
This contract forms the entire contract between the seller and the purchaser. No variation of the contract, unless in writing, signed by both parties shall be of any force or effect. In particular and without limiting the generality of the a foregoing of contract emanating from the purchaser, whether contained in an order, by way of counter offer or in any other manner, will replace, supplement or vary these conditions unless specifically agreed to in writing by the seller.
20. Each and every term of this agreement is severable from the others and should it be found that any term and/or condition set out herein is contrary to the spirit of the Act and not applicable, will not negate the other terms and conditions hereof and will stay applicable.