Standard Terms & Conditions of Sale

1. Definitions

1.1 In this “agreement”, unless the context indicated otherwise a reference to any gender shall include the feminine genders, the singular shall include the plural and reference to the natural person will include legal person or other body with a legal personality and visa versa.

1.2 The “Parties” shall mean Afrimac cc. referred to hereinafter as the seller or supplier and the Purchaser as specified on the original invoice of the supplier to the Purchaser and/or the application for credit facilities completed by the Purchaser. 1.3 This agreement shall be binding from the earlier of, the date of first supply by the supplier to the Purchaser or from date signature here of by the Purchaser. 1.4 The headings in this document are included for reference only and shall not in any way effect or govern the interpretation or construction of this agreement.

2. Ownership, Risk & Use of Goods

2.1 Ownership of the goods and services provided by the seller shall rest with the seller untill such time as full payment for the goods has been made.

2.2 All risk, for loss, damage or destruction of these goods shall be that of the purchaser upon despatch by the seller.

2.3 The purchaser shall at all times, keep the goods in his possession and control and furthermore at his own costs, free of attachment until paid for in full.

2.4 The Purchaser accepts all goods as supplied to be as ordered, without guarantee from the seller unless otherwise indicated on the quotation, and the placing of the order by the purchaser on the seller indicates agreement that the goods are suitable for the purchasers purpose, any and all warranties implied by common law are excluded and that no representations have been made by or on behalf of the seller.

3. Delivery

3.1 Delivery shall be effected by the Seller in accordance with the Purchasers requirements as agreed at the time of ordering and recorded by the seller.

3.2 Costs of Delivery shall be for the account of the Purchaser, unless otherwise indicated on the sellers quotation or order confirmation.

3.3 Whilst the seller shall make every endeavour to execute and deliver the purchasers order within the agreed period, the seller cannot be held responsible for any delay in delivery howsoever caused and no penalties, liquidated or consequential damages of any description will be the sellers for late deliveries what so ever.

3.4 The Purchaser agrees to accept delivery of the ordered and invoiced goods within 2 (two) weeks of date of completion.

3.5 If the Purchaser cannot accept delivery of the goods, the seller reserves the right to claim additional costs involved from the purchaser at the greater of 10% of the amount indicated on the quotation or invoice value or the actual costs incurred.

4. Additional Work

4.1Any modifications required by the purchaser shall be the responsibility of the purchaser and all costs shall be for his account. So to, all work not quoted for together with all materials related thereto.

5. Payment

5.1 Payment of the purchase price in respect of any goods delivered shall be strictly in accordance with the terms of payment, that being Nett and 30 days from date of invoice unless otherwise specified on the invoice free of any deductions

5.2 Any payment not settled on due date shall bear interest at the maximum rate permissible from time to time in terms of the Usury Act, Act 73 of 1968. Calculated from the due date until the date of settlement of the capital as well as interest and compounded monthly.

5.3 Any late payment in terms of these standard conditions of sale shall render the purchaser in beach of these conditions and render all amounts due and payable immediately with or without demand.

5.3 Payment must be made to The Seller (Afrimac cc.) at P.O. Box 7286 Albemarle 1410 or to the banking account at STANDARD Bank, Germiston Branch, Acc ref 020484879, free of any deductions, or any other address indicated by the seller in writing from time to time.

5.4 A certificate signed by any of the Sellers senior managers, certifying the amount due by the purchaser will be the amount of the purchasers indebtedness to the seller. It shall not be necessary to prove the appointment of the person signing such certificate.

5.5 The purchaser undertakes to make prompt payments in terms of 5.1 above without the necessity of receiving a monthly statement. Not withstanding this item, a Monthly statement will be provided and will be deemed to fulfill the terms of 5.4 above.

6. Price Increases

6.1 Prices quoted are strictly subject to any increase resulting from factors beyond the control of the supplier such as, but not limited to. Fluctuation in currency valuations, impositions of additional customs duties or other imposts and increase in transport costs. Any such increase arising after the date of each order will be solely for the account of the Purchaser.

7 Shortages and Errors of Supply

7 1 Shortages and errors should be communicated to the supplier in writing within seven days of supply, failure in this regard will invalidate any such claims.

8. Entire Contract & Conditions

8.1 These conditions and its specifically referred to documents, constitute the entire agreement between the two parties. No variance from the terms herein will be in any force or effect unless reduced to writing and signed by both parties to this agreement. The buyer declares that the seller is authorised to complete the agreement and that the particulars of this agreement are correct in all respects.

9. Domicillium

9.1 The Purchaser hereby chooses its domicillium citandi et executandi for all purposes under this agreement in this document to be the address stated either herein, on the sellers invoice, order confirmation, Quotation or credit application form as completed by the purchaser, for all correspondences and documents that may need to be served.

9.2 Any notice issued by the seller, shall have been deemed to be received by the Purchaser seven days after posting to the chosen address in 9.1 above.

9.3 The purchaser hereby consents to the jurisdiction of the magistrates court having jurisdiction over its person in respect of all proceedings in connection with this agreement, but the seller shall still have the right to institute proceedings in the high court if it so wishes.

9.4 The purchaser also renounce the benefits of excussionem, divisonem et cedenarum actionem the nature of which and extent of which the purchaser acknowledges to be aware of.

10 Surety ship & Indemnity

10.1 I/we the undersigned hereby declare that I/we are legally competent and that I/we bind myself / ourselves hereby jointly and severally as sureties and co-principal

10.2 In addition I/we indemnify the Seller against any loss or damage howsoever caused as a result of this agreement.

10.3 No extension of time or indulgence that may be granted by the Seller to the Purchaser at any time shall release the purchaser from any liability under this agreement.

104 The purchaser agrees to make payment of any and all legal costs that may be incurred in the enforcement of this agreement, howsoever caused.

10.5 The Purchaser also confirms having agreed on behalf of the directors, shareholders, members and associates that the seller is entitled at any time to communicate with any registered Credit Bureau to obtain any information relating to payment behaviour, credit worthiness or defaults, and that such information may be disclosed to any other person.

The undersigned agree to, and that they are familiar with, all the above terms and conditions of sale:

This done and signed at ________________on this _______ Day of _____________20 ___

Full Name Street Address Signature________________________________________

Full Name Street Address Signature________________________________________

Witnessed by:

Full Name Street Address Signature________________________________________

Full Name Street Address Signature________________________________________

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