- ACCEPTANCE
All orders are subject to confirmation and acceptance by the Company, who retains the right to withdraw, revise and substitute product. All recommendations, information and descriptive literature concerning the products sold by the Company are based on research and experience and are believed to be reliable but do not constitute a warranty. All products are sold with the express understanding that the Applicant will independently determine the suitability of the material for the purpose for which they are purchased.
- CERTIFICATE OF INDEBTEDNESS
A certificate signed by any one Director/Member of the Company showing the amount due by the Applicant at any given time shall be sufficient prima facie proof of such indebtedness for the purposes of all legal proceedings, and to enable the Company to be granted Provisional Sentence and/or Summary Judgement.
- CREDIT FACILITIES
Such credit facilities granted to the Applicant shall be at the Company's sole and absolute discretion and may be withdrawn by the Company at any time without prior notice. Should extended credit facilities be required, the Applicant agrees to make proper application to the Company, and undertakes furthermore to furnish the Company with all the information reasonably required to enable its request to be considered. The Applicant undertakes and agrees to sign any additional Deed of Suretyship and/or furnish such additional security as the Company may require, and to sign all documentation in this regard. Until such time as the extended credit facilities have been approved in writing by the Company, same shall be deemed not to have been granted.
- CONSENT TO SHARE INFORMATION ON THE TRANSUN ION ITC DATA BASE
The existence of any credit facilities granted to the Applicant, the Applicant's performance obligations with regard to any credit granted whether positive or negative, may at the Company's sole and absolute discretion be shared with TransUnion ITC, who share such information with other credit grantors for purposes of making risk management decisions.
- DELIVERY
Where a time of delivery is specified every effort will be made to dispatch the product within the stated period. The Company reserves to amend the delivery premise if due to any cause whatsoever beyond our control.
- DOMICILIUM CITANDI
The Applicant hereby nominates the address reflected on the face hereof as its domicilium citandi et executandi for service upon it of all notices and processes in connection with any claim for any sum due to the Company arising out of credit granted to the Applicant by the Company.
- JURISDICTION
For the purposes of any legal action the Applicant consents to the jurisdiction of the Magistrate's Court notwithstanding the fact that such proceedings may otherwise be beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to the provisions of the Magistrate's Court (Act No. 32 of 1944), or any amendment or re-enactment thereof, provided that the Company shall be entitled at his entire discretion to institute proceedings in any other court which may otherwise have jurisdiction in respect of such action.
- LIABILITY
Liability is not accepted for any direct or indirect foss arising from non-delivery or delay in delivery of any products caused by war, strikes, lock-outs, fire, floods, explosions, government restrictions, failure to obtain or shortage of raw materials, or any other acts of God or any other cause whatsoever beyond our control.
- MANUFACTURED PRODUCTS
With custom manufactured products, the Company will make every effort to deliver the correct quantity ordered. The Company does however reserve the right to deliver up to plus or minus ten per cent of the quantity ordered due to production runs and adjust the cost to the Applicant accordingly.
- MATERIAL CHANGES
The Applicant hereby agrees and undertakes to advise the Company in writing of any material factor which might have a bearing on the credit facilities extended by the Company.
- PRICING All prices are subject to alteration without prior notice.
- RETURN OF PRODUCT
No returns will be accepted without our prior authorization.
Claims of any shortages whatsoever must be made within seven days of receipt of the product.
Should the Company agree to accept the return of any product for credit, the Applicant shall automatically and without the necessity for further agreement, be liable to pay the Company 15 per cent on the invoice price of the product so returned as handling charges.
Where any exchange is made, the new product will be charged out and the incorrect product credited after collection or delivery.
- STORAGE Products are not to be stored under extreme conditions and should be rotated so that oldest products are used first.
- TRADING TERMS
The Company's terms of payment are 30 days NETT from statement date.
All overdue amounts shall bear interest at the rate of 2.5% per month calculated from due date of payment. The interest shall be added to the capital sum monthly and shall form part of the capital sum which shall bear interest as aforesaid.
- WARRANTY
All products sold by the Company are produced under controlled quality standards are warranted to be free from defect in material and workmanship. Any material shown to our satisfaction to be defective within seven days of delivery (unless agreed otherwise) will be replaced without charge. The Company will not be responsible for claims beyond replacement of the product sold.
No salesman, representative, or agent to the Company is authorized to give any guarantees, warranty or to make any representation in addition or contrary to the foregoing.