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Terms and Conditions of Sale

  1. DEFINITON CLAUSE

     

    In this agreement unless the context otherwise requires, the words, expression and phases set out below have the meanings hereunto ascribed to them:

     

    1.1          “the Seller”            :               ZETECH CC;

     

    1.2          “the Buyer”            :               The party referred to on the face hereof;

     

    1.3          “the Goods”           :               The goods sold by the Seller to the Buyer from time to time;

     

    1.4          “the price”              :               The Seller’s usual selling price of its goods.

     

  2. BINDING CONTRACT

     

    1. These condition together with the particulars recorded on the face hereof constitute the entire agreement between the parties, who record that no representation or warranties other than those contained herein have induced them to conclude this contract.

       

    2.  No amendment, variation or consensual termination of this contract or any other terms or conditions hereof shall be binding on the Seller unless reduced to writing and signed by a director of the Seller.

       

    3. No relaxation or Indulgence granted to the Buyer by the Seller shall constitute a waiver of any of the Seller’s rights in terms of this contract or any part thereof and shall not prevent the Seller from exercising any rights in terms hereof or at law.

       

  1. PRICE

     

    1. The price of the goods sold shall be the Seller’s usual selling price and shall be the price as stated in the Seller’s quotation and/or any other stationary.

       

    1. The price as stated is exclusive of Sales Tax / Value Additional Tax and/or any other form of government tax.

       

    2. Notwithstanding the provisions of paragraphs 3.2 and 3.1, if prior to delivery and/or dispatch of the goods, there is any increase, for whatsoever reason, in the Seller’s cost of materials or components or in the statutory labour charges, the price of the goods may be increased proportionately and the Buyer undertakes to pay such increased price. The Seller’s financial controller shall certify the amount of the increase and such certificate shall be final and binding on the Buyer.

       

  1. PAYMENT

     

    1. Payment of the price is to be effected within thirty (30) days from the date of statement or otherwise as specified in the Seller’s quotation. In the event of the Buyer disputing the amount due reflected on any statement then, pending the Seller’s investigation of the Buyer’s dispute, the Buyer shall immediately be obliged to make payment to the Seller of the amount of the goods already received which are reflected in that statement.

       

    2. The price shall be paid at the Seller’s premises, or wherever directed by the Seller, free of exchange and without deduction for any reason whatsoever.

       

    3. The Buyer shall be liable to pay interest to the Seller on all overdue amounts at the ruling bank overdraft rate of Nedbank Bank, plus 2% thereon, payable and calculated monthly in advance and capitalized monthly.

       

    4. In the event of the Buyer failing to make payment of any amount due by it to the Seller in terms hereof then the full amount owed by the Buyer to the Seller from whatsoever cause arising shall forthwith and without notice become due and payable notwithstanding that the due date for payment thereof shall not otherwise have arrived.

       

    5. Non-payment by the Buyer as herein before mentioned shall give the Seller the right to cancel all deliveries still to be made under this agreement without notice having to be given to the Buyer and without prejudice to the Seller’s rights to compensation form the Buyer.

       

  2. DELIVERY / SUPPLY

     

    1. Whilst the Seller shall make every effort to effect supply of the goods timeously.          

                                     

      1.  the Seller shall be entitled to make part-deliveries;

         

      2.  the Seller shall not be responsible for non-supply of goods and/or for delays in delivery occasioned by acts of God, force major, strikes, transport delays, riots, civil commotion, transport breakdowns, restriction or prohibitions imposed by Government, war, trade disputes, fires, floods, breakdown of plant and machinery, breakdowns of means of delivery, difficulties with the supply of raw materials and, without in any way limiting the a forgoing, by any other cause beyond the Seller’s Control;

         

      3.  the Seller shall not be liable for any damages sustained by the Buyer / Supply or any other party, consequential or otherwise, arising from the non-delivery of the goods for any reason whatsoever, including the negligence and/or fault of the Seller.

         

  3. BREACH

     

    1. Should be Buyer fail to make payment to the Seller on due date or fail to honour any of its obligations in terms hereof on due date, or should judgment be granted against the Buyer or should the Buyer’s estate be liquidated /  placed under judicial management, provisionally or finally, or should the Buyer propose an offer of compromise or offer of composition to its creditors, or if in case of the Buyer being a closed corporation or company, should its members or shareholders wind-up the Buyer, the Seller shall be entitled, without prejudice to its other rights in terms hereof or at law to :

       

       

      1. terminate this contract without notice, whereupon the Seller shall not be obliged to deliver any further goods to the Buyer and the Buyer shall be obliged forthwith and without notice to make payment to the Seller for all goods already delivered to the Buyer pursuant hereto or, in the discretion of the Seller, to return such goods to the Seller, or

         

      2. obtain payment from the Buyer of the full amount owing by the Buyer to the Seller in terms hereof and from whatsoever cause arising notwithstanding that the due date for payment thereof would not otherwise have arrived, in which event the Seller shall be entitled to withhold delivery of the goods subject to payment of all such amounts having been made; and

         

      3. In either of such events mentioned in 6.1.1 and 6.1.2 the Seller shall incur no liability to the Buyer for damages and the Buyer shall be liable to the Seller for damages as the Seller may have suffered by reason of the Buyer’s breach and/or the exercise of the Seller’s rights aforesaid.

         

  4. OWNERSHIP

     

Ownership in respect of the goods and in respect of all goods sold by the Seller to the Buyer form time to time is reserved to the Seller until such time as payment of all amount due, owing and payable by the Buyer to the Seller from whatsoever cause arising shall have been paid to the Seller in full. On request by the Seller, the Buyer shall inform the landlord of the premises at which the goods are delivered to the Buyer and where the goods, which remain the property of the Seller in terms hereof, are stored, of the Seller’s right therein and shall inform the Seller of the name and address of such landlord form time to time.

 

  1. EXCLUSION OF WARRANTY OF LIABILITY

     

    1. Other than the warranties furnished simultaneously herewith the goods are sold voetstoets and no representation or warranties are made by the Seller as to the fitness of the goods for the purpose for which they are intended.

    2. The Seller shall not under any circumstances be responsible for any consequential or other loss or damage suffered by the Buyer or any third party by reason of the Seller’s failure to carry out its obligations in terms hereof or by reason of the goods being defective in any manner whatsoever.

    3. Without prejudice to any of the Seller’s right in terms hereof, or at law, the Buyer shall be deemed to have abandoned any rights which it may have arising from the supply of defective goods, unless the Buyer hands to the Seller written notice within 14 (fourteen) days of the goods having arrived at the final destination, which notice must be in writing and delivered by hand by the Buyer to the Seller’s address stated on the face hereof, in which notice the Buyer sets forth full reasons as to why the goods are not in accordance with the contract.

       

  2. LEGAL COSTS

     

    In the event of the Seller instructing its Attorneys to recover money or goods from the Buyer, the Buyer agrees to be liable for and shall pay to the Seller and/or their Attorneys, all legal costs incurred by the Seller on the Attorney and own client scale, including the Attorneys charges in respect of collection commission and any tracing agent’s charges which may be incurred.

     

  3. RETURNED GOODS

     

    Goods alleged to be faulty and/or any goods returned due to an ordering error by the Buyer will be accepted for credit solely at the discretion of the Seller and will be subject to a 15% handling charge to be paid by the Buyer.

     

  4. WITHDRAWAL OF CREDIT FACILITIES

     

    The Seller hereby reserves the right, in its sole discretion, to withdraw the credit facilities afforded to the Buyer, for any reason it may deem necessary.

     

  5. JURISDICTION IN DISPUTES

     

      1. For the purposes of all or any proceeding herein, the Buyer hereby consents to the jurisdiction of the Magistrate’s Court having jurisdiction under Section 28 of the Magistrate’s Court Act of 1944, as amended, notwithstanding that the amount in dispute exceeds the jurisdiction of such court.

         

      2. Notwithstanding the foregoing, the Seller shall have the right at its sole option and discretion to:

         

        1. institute proceedings in any other competent Court which might otherwise have jurisdiction of

          such court;

           

        2. at its sole and absolute discretion submit the matter to arbitration by giving the Buyer 10 (ten) day written notice of its election to do so, in which event the matter shall be determined before an Arbitrator appointed by the Chairman of the Johannesburg Bar Council whose decision shall be final and binding on the parties.

           

  6. DOMICILIUM

     

    The Buyer hereby chooses as is its domicilum citandi et excutandi its physical address reflected on the face hereof. All notices and processes arising out of or in connection with this agreement may be reserved on it at this address. The Buyer is obliged to notify the Seller in writing on any change of its address within seven (7) days of such change of address wherever such new address shall become the Buyer’s domicilum.

     

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