Terms & Conditions

Standard Conditions of Trading

1. Credit facilities granted by the creditor to the purchaser shall be in the sole discretion of the creditor, which may at any time terminate, curtail or vary facilities in respect of any goods not yet delivered.
2. The credit limit to be afforded to the purchaser shall be advised in writing, from time to time, and shall be set in the sole discretion of the creditor.
3. Should the purchaser exceed its credit limit, it will be deemed to have breached these conditions of trading.
4. Unless the contrary is stated thereupon, any quotation given by the creditor to the purchaser shall be open for acceptance for 30 days as from the date upon which it is given. this provision notwithstanding, the creditor shall be entitled to accept any late acceptance of any quotation.
5. Any quotation given by the creditor may be withdrawn prior to acceptance.
6. The purchase price of any goods purchased shall be payable to the creditor without set-off or deduction on any grounds whatsoever, subject to the terms hereof, within 30 days of the date of the statement upon which the amount of such purchase is reflected for the first time.
7. In the event of the purchaser failing to make payment on due date of any amount, all amounts in respect of purchases by it, whether then due or not, shall become immediately due and payable.
8. Should the creditor at any time, in its sole discretion, consider there to be a likelihood that the purchaser will be unable to make payment to it in respect of any purchases, the creditor will be entitled to claim all amounts due in respect of purchases by the purchaser, whether then claimable in terms of these provisions or not.
9. The purchaser shall not be entitled to return any goods purchased by it from the creditor except by prior written consent of the creditor.
10. Delivery to the purchaser shall be deemed to have taken place at the creditor’s premises, as soon as the goods leave those premises regardless of the manner in which, or by whom, they are conveyed, and the risk in the goods will pass upon delivery. the terms hereof will apply even if the goods are conveyed from the creditor’s premises to the purchaser, by the creditor.
11. A certificate purporting to be signed by any member or accountant of the creditor, setting forth the amount of the purchaser’s indebtedness, shall on its mere presentation, and without formal proof, be binding on the purchaser and shall constitute prima facie proof of all matters dealt with therein.
12. Any agreed delivery date shall only be approximate and the creditor will incur no liability to the purchaser arising from any delay in delivery. in addition, the purchaser shall have no claim against the creditor arising from any delay in, or failure to supply any goods for any reason whatsoever.
13. In the event the goods relating to any particular sale are not delivered in one consignment, the creditor will be entitled to invoice consignments separately, and the amount due in terms of each consignment will become due and payable subject to the terms hereof.
14. Should the purchaser at any time be in breach of the provisions hereof, the creditor shall be entitled to withhold delivery of any goods purchased, but not delivered, in which event the purchaser shall have no claim whatsoever against the creditor for damages or otherwise.
15. Notwithstanding delivery, ownership of all goods sold by the creditor to the purchaser shall remain vested in the creditor until the purchase price thereof has been paid in full.
16. The creditor does not warrant or represent that any goods purchased by the purchaser are fit for any particular purpose whatsoever, such goods being sold voetstoots, and the creditor disclaiming any expertise, skill or knowledge whatsoever relating to the goods.
17. The purchaser shall have no claim whatsoever against the creditor for any damages suffered by it arising from any failure or inability of the creditor to supply any particular goods purchased, or from any defect or alleged defect in any goods supplied by the creditor to the purchaser, or for any negligence whatsoever on the part of the servants of the creditor, the purchaser hereby indemnifying the creditor in respect of any claim whatsoever which may be brought against it by any person arising from goods supplied by the creditor to the purchaser. in addition, the creditor shall under no circumstances whatsoever, be liable to the purchaser in respect of any claim made upon it by any third party arising from anything supplied by the creditor to the purchaser.
18. It shall be the purchaser’s obligation to ensure safe, adequate and unrestricted access to the place where the goods are to delivered from the point where any public roadway is departed from en route to the place of delivery.
19. Any carrier engaged by the creditor shall be entitled to refuse to make delivery if, in its discretion, the route to be followed by it is not acceptable for any reason whatsoever, in which event the creditor shall be entitled to discharge the goods concerned at the nearest site to which, in the discretion of the carrier, there is safe and acceptable access.
20. The purchaser hereby indemnifies the creditor in respect of any claim which may be brought against the creditor howsoever arising from the delivery of any goods to the purchaser, such claims to include, but not to be limited to, those arising from damage caused to water mains or other subsurface piping, electric lines, bridges and weighbridges.
21. The purchaser shall be obliged to appoint a person for the purposes of indicating, to the creditor, the route to be followed by it in making a delivery, and the place where any goods are to be discharged or offloaded.
22. The creditor will be entitled to recover from the purchaser such costs as may be incurred by the creditor arising from the inability of its carrier to discharge or drop goods forthwith upon arrival at the place where they are to be delivered.
23. Goods in bulk shall be measured at the time and place of loading at the creditor’s premises either by loose volume to the nearest zero comma one cubic meter related to vehicle size or by loose volume in full vehicle loads or by metric ton over a weighbridge and the measurement concerned by the creditor, certified by any member or accountant of the creditor, shall constitute prima facie proof of the volume concerned.
24. Subject thereto that the goods have not been processed or worked, subsequent to their departure from the creditors premises, or affected by the elements, and subject thereto that the creditor shall be entitled, at its election, to abandon the goods concerned where they are, or to remove them, the creditor undertakes to replace any goods which do not conform to the standard specifications therefor provided that full details are given to it in writing of the respects in which the goods fail to conform with the standards concerned within 24 hours of the actual receipt, by the purchaser, of those goods.
<
25. The purchaser undertakes to inform the creditor in writing, by pre-paid registered post, within seven (7) days of any change of address, or any change of identity of the persons involved therein, as referred to in the credit application submitted by the purchaser.
26. The purchaser hereby consents to the jurisdiction of the magistrate’s court or of the regional court, at the election of the creditor, in respect of any matter notwithstanding that the amount in issue may be beyond the jurisdiction of that court, provided that this provision shall not preclude the creditor from instituting any action in the high court.
27. In the event the creditor resorts to litigation to enforce its rights against the purchaser, the purchaser will be obliged to pay all the creditors legal expenses on the scale as between attorney and own client and collection commission, such that the creditor is fully indemnified in respect of its costs.
28. The creditor shall not be bound by any errors or omissions by it, whether these relate to arithmetical calculations, the application of incorrect prices, or pure omissions, and the creditor will be entitled to correct such errors or omissions, in which event such corrections will be binding upon the purchaser.
29. The purchaser chooses its domicilium citandi et executandi at its delivery address set forth in the credit application related hereto.
30. The creditor will be entitled to appropriate payments by the purchaser firstly to collection commission plus vat (if collection commission and vat is payable by the creditor to its attorney), then to interest, then to capital and then to legal costs, whether taxed or not, the purchaser hereby waiving the right to indicate to which cause of debt any payment should be appropriated, and hereby waiving the right to be given notice of any appropriation made by the creditor.
31. If this application is signed by a person other than in his or her personal capacity as a proprietor, the signatory warrants his authority to sign and submit this credit application on behalf of the entity he or she purports to act for and, should that entity not exist, or should it exist and, for any reason whatsoever not be bound by the terms hereof, the signatory hereof, will be personally bound in terms hereof as if he or she intended to contract with the creditor as a sole proprietor.
32. The signatory of this credit application hereby binds himself as surety and co-principal debtor with the purchaser in respect of any liability of the purchaser to the creditor whatsoever.
33. No variation of any of the terms and conditions hereof shall be of any force or effect unless committed to writing and signed by the duly authorised representatives of the respective parties.