Conditions of Sale
1. THE PARTIES
(a) Kruiper Spares (Pty) Ltd. is hereinafter referred to as the Seller.
(b) The customer is hereinafter referred to as the Purchaser.
2. THE CONTRACT
(a) The provisions hereof and the subsequent invoice and/or other document of sale issued in respect hereof shall constitute material terms of the contract.
(b) No variation, addition or cancellation of any of the terms of the contract shall be of any force or effect unless recorded in writing and signed by the Purchaser and a duly authorised officer of the Seller.
(a) Unless otherwise stated on the face hereof, the Purchaser shall take delivery of goods purchased at the Seller’s place of business.
(b) If delivery is to be made by a transporting company/carrier then the carrier in question shall be regarded as the Purchaser’s agent and on delivery to the carrier the risk in the goods and equipment shall immediately pass to the Purchaser.
4. PURCHASE PRICE
(a) Unless otherwise stated on the face hereof, the date of payment shall be 30 days nett from the date of invoice and payment shall be made in South African currency without deduction, discount or set off.
(b) Any amount not paid by the Purchaser on the due date shall be without prejudice to the Seller’s right to enforce payment, bear interest at 1½% above the overdraft rate charged by the Seller’s bankers from time to time.
5. WARRANTIES, CLAIMS AND EXCLUSIONS
(a) (i) The Seller warrants that the goods and equipment, to the extent that they are manufactured by it and all work executed by it, will be free of defects and suitable for all purposes but does not warrant that they will be suitable for any special purpose. The Purchaser acknowledges that the Seller is not a specialist manufacturer or supplier.
(ii) The Seller warrants further that the goods and equipment (including their performance levels, dimensions, mass, durability, consumption of power, fuel and other services) will be substantially as stated, although certain minor differences may occur.
(iii) Should the goods, equipment or work not comply with this warranty; the Seller shall, subject to notice having been given in accordance with subparagraph (d) below, as is its option repair or replace the defective items or refund a pro-rata portion of the price against the return of such defective items.
(b) To the extent that the goods and equipment are not manufactured by the Seller, the Purchaser shall, subject to notice having been given in accordance with subparagraph (d) below, have the same rights against the Seller as the Seller has against the supplier with regard to defects therein, the intention being that the Seller’s liability shall be co-extensive with the right of recourse it has against the supplier. A copy of any guarantee warranty contract or other document evidencing the Seller’s right against the supplier shall be made available to the Purchaser on request.
(c) The Seller shall not be liable under any circumstances to the Purchaser for alleged shortage in delivery unless written notice of the claim is received by the Seller within 10 days of the arrival of goods or equipment at their destination. In any event, the Seller’s liability for such shortage shall be limited at its option to the replacement of payment of the value of the goods or equipment so short delivered.
(d) Claims in connection with defects in or unsuitability of the goods, equipment or work done hereunder will only be recognised if written notice is given to the Seller within 10 days or the defect or unsuitability becoming apparent and in any event within 90 days after the delivery of the goods and equipment or completion of the work.
(e) The Seller may require that the goods and equipment be returned to its premises for repair in accordance with the warranties set out in sub-paragraphs (a) and (b), in which event the cost thereof shall be for the Purchaser’s account.
(f) Save as herein provided, neither the Seller nor any of its associate companies officers, employees or agents shall be liable for any loss, expense, damage, injury or death, whether direct or consequential, suffered by the Purchaser as a result of any cause whatsoever arising from this contract, whether such loss, expense damage injury or death is due to breach of contract (whether fundamental or otherwise), delict, negligence or any other cause.
(g) The Purchaser shall not have any claim of any nature whatsoever for any failure by the Seller to carry out any of its obligation under the contract as a result of vis major, strike, lock-out, shortage of labour or materials, delay in transport, stoppage or breakdown in machinery, accident of any kind, default or delay by any of the Seller’s suppliers or sub-contractors, riot, political or civil disturbances, the elements, any act of State or Government or of any authority or any other cause of any nature whatsoever directly or indirectly beyond the Seller’s reasonable control.
(h) No warranties or representation, whether express or implied other than those recorded herein, have been made in connection with this contract.
(i) Save as set out above, no claim shall lie against the Seller arising out of or in connection with any defects in or unsuitability of goods, equipment or work executed hereunder.
(j) Notwithstanding the above, no claim/s will be considered by the Seller if such claim/s are the result of the abuse, negligence, or failure to comply with Seller’s suppliers’ service procedures.
Goods are not returnable when correctly supplied in accordance with the order. If the Seller does agree to accept returns, a 15% handling charge will be made.
Ownership in the goods and equipment sold in terms of this contract shall notwithstanding delivery t the Purchaser remain n the Seller until the Purchaser has effected payment of the purchase price and complied with all its obligations in terms of the contract.
The Purchaser warrants that any goods traded into the Seller in part or full discharge of the Purchaser’s obligations to the Seller in terms of this contract, are the Purchaser’s sole property, are fully paid for and that no person has any rights or claim in respect thereof.
The Purchaser chooses as domicilium citande et executandi at the address of its present main place of business.
10. The Seller shall be entitled but not obliged to institute any proceedings out of or in connection with this contract in the Magistrate’s Court having jurisdiction over the person of the Purchaser notwithstanding the fact that its claim may otherwise exceed the jurisdiction of the said Court