Payment Terms, Transfer of Ownership and Credit Facilities

- Payment shall be made on the terms stipulated by the company in writing on acceptance of the order. If no specified reference is made, payment terms shall be deemed to be within thirty (30) days of the date of any statement on which the sale is first recorded.

- Payment for the goods shall be made without any deductions whatsoever; under no circumstances shall any retention fund provision be applicable.

- Ownership of any goods purchased shall remain vested in the company until all monies owing to the company have been paid in full.

- If the customer uses the company’s goods in any construction works, the customer cedes to the company all rights in and to any contractor’s lien which may be related to such works.

- In the event of the customer’s default the company shall be entitled to recover possession of its goods passed to the customer where ownership of such goods has not been transferred and may do so without notice and without the necessity to cancel the contract of sale. The company will credit the customer’s account with the value of such goods at the prices at which they were invoiced less a handling charge (10% minimum) and any further allowance for goods depreciation due to any cause whatsoever.

- Credit facilities may be altered or withdrawn at any time at the company’s sole discretion and should the customer be placed “in mora” the whole account will become payable on demand.

Prices

- All prices quoted shall exclude General Sales Tax.

- Not withstanding any provision to the contrary herein or elsewhere contained, fluctuations in our costs for any reason shall be for the purchaser’s account.

- Prices applicable shall be the ruling prices on the date of delivery unless stated otherwise.

Warranty

- The goods are sold “Voetstoots” without any warranties against latent or patent defects in the goods and the Company shall not be liable for any damages, either direct or consequential, should the goods prove to be defective or unsuitable for the use intended.

- Where goods of a specified description or in accordance with either a specific or standard specification or of a stated quality or of a particular brand or described by a catalogue reference are to be supplied by the Company, compliance by the Company there with shall be complete discharge of its obligations irrespective of the use to which the goods are to be or ate to be out.

Delivery

- The Company’s responsibility ceases on delivery to the customer, railways, post office, or carrier or client’s own transport.

- Where the Company undertake delivery with its own vehicles, it shall be the public kerbline at the entrance to the customer’s site. The Company delivery vehicles enter, and remain on, the customer’s site at the customer’s sole risk. The customer hereby indemnifies the company against any occurrence that may arise including negligence of the company’s employees.

- Any time or date for delivery is given in good faith. The customer shall not be entitled to cancel or repudiate the contract, or claim charges due to late delivery and shall accept delivery when effected.

Claims

- Any claim which the purchaser may have must be lodged in writing within seven days from date of invoice, stating the nature and extent of the claim. Failure to object in writing to any item on the Company’s Statement of Account within twenty-one (21) days of dates of despatch of such statement, shall be deemed to be acceptance as prima facia proof of the correctness of such indebtedness.

Ordering

- In the event of an order being given to the company on the customer’s official order form, the customer shall be estopped from denying the validity of such order notwithstanding the fact that such order may have been signed by a person not authorised by the customer.

- Goods may only be issued against a written order either on the customer’s own order form or the company’s order form. Telephonic orders will only be accepted if the customer’s order number is quoted and the physical order to be faxed or posted and marked “confirmation only”.

Goods Returned

- The acceptance by the Company of any return of goods shall be matter entirely in the Company’s discretion, and if accepted, a handling charge shall be levied as appropriate to the type of goods returned.

- The customer is responsible for obtaining a “Goods Returned Voucher” on return of goods to the company, but this does not oblige the company to issue a credit note at the prices invoiced to the customer when the customer bought the goods, if the goods returned cannot be disposed of by the company for any reason whatsoever.

General

- For the purpose of these conditions of sale the word “company” shall mean M Pupkewitz & Sons (Pty) Ltd and / or of its subsidiary or associate companies or successors or assigns.

- The reservation E.& O.E. (meaning errors and omissions excepted) governs in all circumstances.