STANDARD TERMS AND CONDITIONS OF SALE
POLYFENCE PTY LTD
Sole terms and conditions:
•The customer agrees that all orders by it for products supplied by the Company will be subject to the terms and conditions contained in this agreement, and which are to the specific exclusion of any additional or conflicting terms and conditions supplied or stipulated by the Customer, and that no alterations to it shall be of any force or effect unless reduced to writing and signed by duly authorised representatives of both parties. These terms supersede all previous agreements, without prejudice to any prejudice to any securities or guarantees held by the Company.
Limit of liability:
•The Company shall under no circumstances be liable to the Customer or to any other persons for any loss or damage, whether direct or consequential arising from the use of the products or from any alleged defects in them. Any advice or assistance given I respect of the products, whether concerning suitability, method of application or technical recommendations is given in good faith, but without obligation and specifically to the exclusion of any liability whatsoever on the part of the Company or its staff, whether direct, indirect or consequential and in terms of contract or delict. All data supplied and statements and recommendations made are based on information believed to be reliable, but are made without and representation, guarantee or warranty as to their accuracy. The Company does not warrant that the products are suitable for any particular purpose, and the Customer is responsible for examining the products and deciding on their uses and applications, in order to assess their suitability before being purchased or used. Without prejudice to the above, the Company will be prepared to replace free of charge, all products which in its sole discretion it considers to have been defective by reason of faulty materials or workmanship, provided that such goods are returned to the Company within 14 (fourteen) days after delivery to or collection by the Customer.
•Prices at which the products are sold are the ruling prices as at the date of collection or delivery to the Customer, unless otherwise specifically agreed in writing. List prices exclude VAT, which will be charged at the prescribed rate at the date of purchase.
Return of goods:
•The Customer may not return any products bought by it without the prior written authorisation of the Company, which the Company shall not be under any obligation to give. All products returned will in any event be subject to the prior inspection as to their condition by an authorised representative of the Company, and be subject to a handling charge of 10%.
•In the case of orders placed in respect of products other than those reflected on the Company’s official price list (i.e where any special order or colouring is required to meet the special needs of the Customer) the Customer shall be obliged to accept and to pay for any quantity tendered in delivery which is within 10(ten) percent excess or shortfall of the quantity ordered by the Customer. As such special orders shall not be returnable or exchangeable under any circumstances whatsoever.
•Delivery of the products shall be deemed to have been effected, if dispatched by rail, ship or road carrier, upon consignment of the products to the Customer, and if collected by the Customer or conveyed by a Courier or agent appointed by the Customer, upon handling over of such goods to the Customer or his agent. Any consignment note, delivery note, GRN or waybill, signed by the Customer or his agent, shall be conclusive proof that delivery was made to the Customer. The Customer shall not have any claim against the Company for consequential damages resulting from the late or non-delivery of the products due to any cause whatsoever.
Passing of Risk:
•All risk in and to the product shall pass to the Customer on delivery t the Customer, or to his agent
•Ownership in the products shall remain vested in the Company until receipt of payment in full.
•All 30 day account Customers undertakes to pay all amounts within 30 (thirty) days of date of statement, free of deduction and sett-off at the offices or the Company, or at any address as advised in writing by the company. The risk of payments send by cheque or any other means shall remain with the Customer until received and credited to the Company’s account. Interest shall be payable on all amounts overdue at the prime overdraft rate charged by the Company’s bankers from time to time, plus 2% per year, calculated daily and compounded monthly frm the date due until the date of receipt of payment. A certificate issued and signed by an accountant employed by rhe Company shall be prime facia proof of the full amount owed and sufficient for all proceedings against the Customer, including the granting of summary judgement. In the event of payment not being received on time, the Company reserves the right to suspend all further deliveries on all orders, and the Customer accepts that any discounts that may have been agreed to will be forfeited, any credit facilities previously granted will be cancelled and all amounts owing will immediately become due and payable. All payments received from the Customer may be appropriated firstly towards interest, then costs and thereafter in reduction of the capital amount owing. No debit owed by the Customer to the Company shall become prescribed before the passing of a period of 5 (five) years from the date the debt become due.
Withdrawal of Credit Facility:
•In the event of the breach of any of these terms and conditions, of any negotiable instrument furnished by the Customer being dishonoured, or should the Customer cease to carry on business be sequestrated or liquidated or placed under judicial management or commit an act of insolvency, or enter into any compromise with its creditors, or fail to satisfy a judgement granted against it within 7 days of the date of judgement, the Company shall be entitled to cancel all orders and to withdraw any credit facility previously granted it being expressly understood that all amounts owing shall then immediately become due and payable and the Customer irrevocably authorises the Customer or its agent onto the premises of the Customer to reclaim possession of any products sold and delivered but not paid for without having to first obtain a court order.
Change of Ownership:
•The Customer undertakes t inform the Company within 7 (seven) days of any change in ownership of the Customer’s business and any failure to do so shall be deemed to be a material breach of this agreement. The Company reserves the right in all instances of the change in ownership of the Customer’s business to review or cancel any credit facility granted to the Customer.
•The Customer hereby consents to the storage and use by the Company of the personal information that it has provided to it for the purpose of establishing or reviewing its credit rating, and to the Company disclosing such information to banks, credit control companies and other institutions involved in rating credit. The company shall not be liable for any good faith disclosure of any of this information by it to any such third party.
•The Company shall not be liable for any delay in or failure to perform any of its obligations in terms of this agreement if such delay is directly or indirectly caused by any event beyond its reasonable control.
Non-relaxation or Weaver:
•No extension of time or any other indulgence granted by either party to the other or failure to enforce any right it may possess against the other party shall be deemed in any way to prejudice or derogate from the rights of such party, nor shall it be regarded as a novation of this agreement.
Interpretation, Jurisdiction and Costs:
•Headings are used for convenience only, and shall not be used in the interpretation of this agreement. This agreement shall in all instances be interpreted in accordance with the laws of the Republic of South Africa and the parties herby agree to the jurisdiction of the South African Courts provided that either party shall have the right to bring any dispute before the Magistrates court irrespective of the amount involved. In the event of the Company bringing any legal action against the Customer for the payment of any amount the Customer shall be liable for , all legal costs incurred by the Company on the attorney and the client scale, inclusive of tracing agent’s fees and collection commissions.
•The Customer herby nominates the physical address set out in this Credit Application as its address fir the service of all legal notices, including summonses, which address may only be charged on the prior receipt by the Company of notice in writing to this effect.