GENERAL TERMS OF SALE
These terms of sale shall to all dealings between ARCTICA cc (the “Supplier”) and the customers (the “Customer”) save insofar as may expressly be varied by written instrument signed by both parties. In particular, these terms of sale shall supercede any and all terms. Conditions and contractual provisions to the contrary in or accompanying Customer’s order, receipt and payments.
- 2. Payment
- 2.1 Payment for all equipment purchased and service supplied shall be affected by the Customer to be paid in full on delivery thereof.
- 2.2 The Customer shall be liable to the Supplier for interest on overdue accounts at the rate of 2% (Two percent) over and exceeding the prime lending rate charged by the First National Bank of South Africa Limited from time to time, without prejudice to the Supplier’s additional or alternative rights at law.
- 2.3 Notwithstanding any granting of credit or undertaking so to do on the part of the Supplier to the Customer at any time, the Supplier hereby reserves the right at any time to require payment in form of cash on delivery, without any reason therefore.
Prices for equipment are subject to the equipment being available for sale on receipt of the Customer’s order, failing which, prices quoted are subject to variations in the costs of materials, service, labour and transport between time of quotation and the delivery of the equipment to the Customer. 4. Ownership Notwithstanding that equipment may be sold on credit, ownership therein shall vest and remain vested in the Supplier until receipt of payment in full. Risk therein shall pass on delivery. 5. Delivery
- 5.1 Delivery dates are based on current industrial conditions and no warranty in given by the Supplier in regard thereto.
- 5.2 Unless otherwise specified, no claim shall be against the Supplier for equipment lost or damaged in transit between the Supplier’s and the Customer’s premises.
- 5.3 Upon delivery of equipment ordered by or on behalf of the Customer, the Customer shall, by signature of any party (whether of not the latter is an employee of the Customer) having been appointed to the delivery documents, be deemed to have received all of the equipment reflected therein in good order and condition, and the Customer shall bear the onus of proving the contrary in the event of any subsequent dispute in regard thereto.
- 6. Guarantee
- 6.1 The equipment sold is subject to the Supplier’s guarantee against defective workmanship and/or materials at the time of production and for such period after delivery as may be specified by the Supplier in documentation accompanying such equipment, upon such further terms as may therein be specified.
- 6.2 The Supplier shall not be liable for loss of profit or any damage, direct or indirect, consequential or otherwise, sustained by the Customer in consequence of any equipment sold or service rendered which may in any respect be incorrect, defective and/or delayed or which may arise out of any other cause whatsoever. The Customer’s sole remedy being to require the replacement or require the replacement or repair (at the Supplier’s option) or any such equipment as may be shown to be defective upon the terms specified in the applicable guarantee.
- 6.3 The above guarantees are given in lieu of any warranty, guarantee of condition implied by the law in respect of any defect or failure of the equipment supplied and for loss, injury or damage attributed thereto. All second-hand equipment is sold without any warranty whatsoever and as it stands.
- 6.4 As claims will be only be applicable of goods purchased are fully paid for and will be subject to our normal Guarantee conditions.
Should the Customer default in respect of any payment obligation to the Supplier, the latter shall be entitled to institute action for recovery thereof in the Magistrates Court in respect of any amount whatsoever as may then be outstanding (whether or not due) and shall be entitled to recover its costs thereby incurred on the scale as between attorney and own client.
The return of goods for credit is at all times subject to our prior consent and is in any event conditional upon all return transport costs being for the account of the purchaser. A 10% handling charge may at the discretion of ARCTICA cc be levied upon any or all items accepted for return.
- 9. I agree to bind myself as surety and co-principal debtor in solidum for the punctual performance of all Commitments and payments due and owing by the debtor as appears in paragraph 1 of the application for credit facilities and for the debtor’s indebtedness generally howsoever arising including existing future contingent indebtedness.