Unless otherwise stated in the Order all the prices include the delivery to the place specified in the Order and is deemed to be fixed, Goods are to be consigned to the address shown on the face of the Order. The Supplier shall adequately and securely pack all the Goods in such a manner so as to prevent damage in transit. All packages must contain a packaging slip indicating the name of the Supplier and detailing the contents and must be clearly marked and addressed by means of oil paint or suitable labels. All packaging materials used shall be and remain the property of the Purchaser, unless otherwise stated on the Order. Goods are delivered outside of normal working hours at the Suppliers risk and are subject to confirmation as to acceptability by ourselves. All delivery notes must be signed and stamped with Company rubber stamp by the authorized representatives.
Waybills shall accompany every consignment and must include the Order Number, name of contract, nett and gross masses and quantities to be shown.
Invoices in DUPLICATE bearing the Order Number and the country of origin of the Goods, shall be sent direct to the Purchaser at the postal address shown on the face of the Order on the day on which the Goods are dispatched.
4. TERMS OF PAYMENT
Terms of payment are 30 days after the last day of the month in which the Goods were delivered unless otherwise stated on the Order.
All Goods supplied in terms of the Order shall be and remain at the sole risk of the Supplier until such time as the Goods have been received by the Purchaser and signed on behalf of the Purchaser, as being in good Order after offloading. The Supplier shall indemnity the Purchaser from any loss or damage to property or injury/death of persons occasioned by the Supplier, as servants or agents, during delivery of Goods.
6. INDEMNITY AGAINST INFRINGEMENTS OF PATENTS, ETC.
The Supplier hereby, indemnities the Purchaser against any claims which may be made against the Purchaser for the infringement of patent rights, trade marks or protected rights in respect of Goods supplied. All royalties and expenses arising out of the use of such patent right, trade marks or protected rights shall be payable by the Supplier.
The Supplier shall not cede, assign, transfer or sublet the Order or any portion thereof without first having obtained, in writing, the express consent of the Purchaser.
All materials used in the manufacture of the Goods called for in terms of the Order shall comply in all respects with the specifications/quality laid down in the Order, or if there is no specification, shall be of quality, composition and strength suitable for the purpose for which they are required. In addition, the finish shall be of a standard commensurate with the quality of the Goods.
Inspection of Equipment during manufacture
The Purchaser shall have the right at any time to inspect the Goods during manufacture or progressing and shall be entitled to reject any Goods not in the opinion of the person inspecting in accordance with the SPECIFICATION or DRAWINGS or to require the rectification of any defective work.
In event of any defects in the Goods manifesting themselves within a period of twelve calendar months from the date on which they are received by the Purchaser shall without prejudice to any rights in terms of the Order or in law, be entitled to call upon the Supplier to remedy such defects at the Suppliers cost with a minimum delay.
The Supplier hereby acknowledges that time is the essence of the Order and that should delivery of the Goods be delayed beyond the period stated in the Order or should the Supplier breach any of the Conditions of the Order, the Purchaser shall be entitled without prejudice to any of its rights in terms of the Order, or in law, to cancel the Order in whole or in part without payment to the Supplier of any compensation whatsoever.
Furthermore, in the event of the Purchaser canceling the Order as to all or any of the Goods the Purchaser shall be entitled to purchase a like quantity of Goods of similar description and quality and that in the event the Supplier shall be liable to reimburse to the Purchaser on demand all the expenditure and loss incurred by the Purchaser in connection with the said cancellation and repurchase including any increase in the price stated in the Order.
The Supplier is requested to acknowledge receipt and acceptance of this Order and the Terms and Conditions therein. Non receipt of the Supplier’s acknowledgement within 14 days from the date of the Order, or dispatch of the Goods, shall be deemed to signify acceptance by the Supplier of the Order and its Terms and Conditions.
Nothing in these Conditions shall prejudice any condition or warranty (expressed or implied) or other right or remedy to which the Purchaser would be entitled to the Goods or services the subject of this Order by virtue of any Statute or custom or any general law or local law or regulation.
Unless otherwise agreed by us, every condition herein contained in this Order shall be deemed to be an essential condition of the Order.
Should a dispute or claim whatsoever arise out of this Order or the interpretation, fulfillment or breach thereof, such dispute or claim shall be submitted to arbitration in accordance with the provisions of the Arbitration Act No. 42 of 1985 of the Republic of South Africa, or any Statute for the time being, replacing, extending or modifying same.