Terms & Conditions
- Seller’s acceptance of Buyer’s order fo rthe sale of goods will be subject to the terms and conditions set out herein. Seller is unable to accept any alteration of terms and conditions unless the same is authorised in writing and signed by a Director or the Company Secretary of the Seller. Any terms and conditions in Buyer’s purchase order, not otherwise agreed and inconsistent with Seller’s terms and conditions shall not form part of Seller’s acceptance of the Buyer’s order.
- Save as otherwise provided in these conditions this clause shall have effect and trade terms shall be interpreted in accordance with “incoterms 1953” (international rules for the interpretation of trade terms of the International Chamber of Commerce).
- Seller reserves the right by notice given at any time before shipment to increase the price hereunder, if there is any increase in the price or cost of the goods furnished hereunder to Seller by virtue of foreign exchange fluctuations, currency regulations, changes in duties or taxes, increases in the cost of raw materials, labour or transport by any other causes (whether or not of the same nature as the foregoing) beyond the control of the Seller. If Buyer is of the opinion that any such increase in price is unreasonable it may object to such increase by written notice given within ten (10) days of the date of receipt of Seller’s notice, whereupon Seller shall have the opinion to continue to supply Buyer at the price currently in effect if willing to do so or to cancel the contract immediately upon written notice.
- If the price, freight allowances or terms of payment hereunder or Seller’s ability to make any such increase or change, should be altered or prohibited by reason of any law, governmental decree, order or regulation. Seller may cancel this contract upon written notice.
- Seller may increase the price or change the terms of payment at anytime upon 10 (ten) days prior written notice.
- (a) Dates of delivery remain estimates and shall not constitute a condition of purchase and/or warranty unless by written agree merit to the contrary. The Seller does not accept liability for any default in delivery save where the same has been shown to be the result of the wilfulness of the Seller its servants or agents acting in the course of their duties.
(b) Unless otherwise agreed in writing between the Seller and Buyer the following provisions shall apply. Upon delivery the goods shall be at the Buyer’s risk but the ownership in the goods shall not pass to the Buyer until such time as payment in full for the goods shall have been made. Delivery of the goods shall be deemed to take place.
(i) Where the Seller undertakes delivery of the goods when the goods shall be loaded off the Seller’s cartage, ship or other transport at the station, port, or address specified by the Buyer.
(ii) Where the Buyer undertakes delivery of the goods, when the goods are loaded on the Buyer’s carriage or other transport. - If any amounts payable by the Purchaser in terms of this agreement (which includes liquidated damages) is not paid on the due date, or if the Purchaser agrees with the Seller to extend any due payments, the Seller shall be entitled to interest in mora (additional finance charges) calculated at the maximum rate permissible in terms of the Usury Act, calculated from the due date of such payment. At the end of each month the amount of interest in mora which accrued during that specific month, and which is unpaid, shall be added to the arrear or postponed amount.
- If Buyer fails to perform any of the terms of this contract when due. Seller may, at its opinion. decline to make further deliveries against this contract except for cash, or may defer shipments until such default is made good or may treat such default as that refusal to accept further shipments hereunder and cancel this contract.
- Where the Seller acts as principal in the sale of the goods it offers no warranties or undertakings and makes no representations whatsoever as to the products supplied save to the extent of any manufacturer’s certificate of quality previously requested and supplied. All products are sold by reference to their specifications and not by sample, whether or not a sample had been submitted to or by the Buyer. The products are sold unexamined and it is for the Buyer to examine and test the same for correspondence to specifications, impurities, suitability for purpose and safety. Any other undertakings by whosoever given, whether express or implied (by statute or otherwise), as to the conformity of the goods with their description or as to their quality or fitness for a particular purpose. are accordingly excluded.
- All gases are potentially dangerous and should only be used and handled with appropriate care. The Buyer has a responsibility to ensure that markings and instructions required under Health and Safety Regulations are maintained on goods and cylinders, and are followed and transferred.
- The Seller shall be relieved of all liabilities to the Buyer in the event that the performance by the Seller of this contract or part thereof or any obligation herein contained is delayed and/or prevented and/or otherwise not complied with by reason of or in consequence of war. not civil commotion, strike, lock-outs, labour disturbance, prohibition, accident, flood epidemic, fire, difficulties in transport, lack of material, shortage of labour or any requirement, regulation, order or restriction of any civil or military authority or department (whether South African or Foreign) or any other matter not entirely within the control of the Seller.
- Seller warrants that the goods furnished hereunder will meet the specifications of the producer. Any other conditions or warranty as to the quality of the goods furnished hereunder or fitness for any particular purpose or otherwise, whether arising under statute or otherwise, is hereby excluded. Buyer shall inspect the goods furnished hereunder immediately after delivery. If any goods furnished hereunder are rejected because of non-conformity to specifications. Buyer shall only have the right to return same to Seller after inspection by Seller an receipt of definite instruction from Seller, such inspection to be made and instructions given within thirty (30) days after notice of rejection by Buyer. Either (1) failure to give written notice of any claim within (5) days from the date of purchase or (2) use of the goods furnished thereunder, constitutes an unqualified acceptance of such goods by Buyer and a waver by Buyer of all claims in respect of such goods. Non receipt of goods must be notified within twenty-one (21) days of date of invoice.
- Cylinder replacement’ Where cylinders in which gases are delivered remain the property of the gas producer. They are returnable in accordance with the instructions on the rental agreement/delivery note. All cylinders must be returned in a good working order. Unreturned and damaged cylinders will be charged to the buyer at a replacement value as calculated by the gas producer.
- Seller does not warrant that the goods are free of infringement of any patents of any country, nor that use of such goods in any country is free from infringe meant.
- In the event of a breach of contract by either party or of the supply of a defective product by the Seller, which is shown to have caused either direct or indirect loss or damage to either party the liability of the party in default shall be limited to a sum not exceeding three (3) times the purchase price of the goods in question or of the contract.
- This contract is not transferable not assignable by the Buyer.
- In the event that a Rider or Riders are made part of their contract, each Rider or Riders shall be considered as amendments to the contract and shall supersede the Sales, Terms and Conditions of the Contract where they are inconsistent with such Rider or Riders.
- Failure of either party to exercise any of their rights under the contract upon any occasion shall not waive other party’s right to exercise the same on another occasion.
- This contract shall be subject to and interpreted in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with this contract shall be decided by arbitration in accordance with the Arbitration Act 1955, or any replacement Act, as amended at the time.
