Sales Terms & Conditions

1. DEFINITIONS

For the purpose of this Agreement:

a) “Customer” means any individual, legal entity, or corporate body whose order is accepted by the Company.

b) “Contract” means the agreement between the Company and the Customer for the supply of Goods and/or Services.

c) “Goods” means all products supplied under this Contract, including any parts, components, or materials incorporated therein.

d) “Services” means all services provided under this Contract.

2. AGREEMENT

a) These Terms and Conditions apply to and form part of every Contract between the Company and the Customer.

b) In the event of any inconsistency between these Terms and any other document, these Terms shall prevail unless expressly agreed in writing.

c) Any variation to these Terms must be in writing and signed by authorized representatives of both parties.

d) The Customer acknowledges that it has not relied on any representation not expressly recorded in writing within the Contract.

e) Quotations:

  1. Quotations for Goods constitute an invitation to treat. A binding Contract is formed only upon issuance of an invoice or written confirmation by the Company.

  2. Quotations for Services are estimates only and may be adjusted based on actual time, materials, and costs incurred.

3. ORDERS AND SPECIFICATIONS

a) The Company reserves the right to amend specifications where required by law, safety requirements, or where such changes do not materially affect quality or performance.

b) Orders may only be cancelled with written consent from the Company and subject to payment of all costs, losses (including loss of profit), and expenses incurred up to the cancellation date.

c) The Customer must provide at least 7 days’ written notice for cancellation or postponement of delivery or services; otherwise, additional costs may apply.

4. PAYMENT

a) Prices are as stated in the quotation and are exclusive of VAT, certification, testing, and other applicable charges unless otherwise specified.

b) The Company reserves the right to adjust pricing where necessary due to cost increases, regulatory changes, special requirements, or work performed outside normal working hours.

c) Unless otherwise agreed, a 20% deposit is payable upon acceptance, with the balance due prior to delivery or dispatch.

d) Invoices may be issued once Goods are ready for collection or delivery has been tendered.

e) Where credit terms apply, payment is due by the last working day of the month following the invoice date.

f) Ownership of Goods remains with the Company until full payment has been received and cleared.

g) Late payments may result in:

  1. Interest charged at 4% above the prime lending rate, compounded monthly;

  2. Suspension or cancellation of further deliveries;

  3. Allocation of payments at the Company’s discretion.

5. DELIVERY

a) Delivery dates are estimates only. The Company is not liable for delays.

b) The Customer must ensure supervision and accessibility during delivery.

c) The Company may refuse delivery due to conditions beyond reasonable control (e.g., weather, access, safety concerns).

d) Failed delivery attempts may incur storage or resale charges.

e) Goods must be inspected upon delivery, and any issues must be reported in writing within 7 days.

f) The Customer is responsible for ensuring that the delivery site is suitable for heavy goods vehicles.

g) Offloading time is limited to 30 minutes unless otherwise agreed; additional time may be charged.

6. RISK AND OWNERSHIP

a) Risk in the Goods passes to the Customer upon delivery or attempted delivery.

b) Ownership remains with the Company until full payment is received.

c) Until ownership passes, the Customer must store Goods separately, insure them, and not resell or encumber them.

d) The Company reserves the right to recover Goods where payment is not made.

e) The Company may apply a lien over Goods in its possession for any unpaid amounts.

7. WARRANTIES AND LIABILITY

a) The Company is not liable for defects caused by misuse, negligence, unauthorized alterations, or normal wear and tear.

b) The Customer is responsible for ensuring Goods meet their intended purpose.

c) The Company excludes liability for indirect or consequential losses, including loss of profit.

d) Liability is limited to the contract value, except where prohibited by law.

e) A 12-month limited warranty applies for manufacturing defects, subject to written notification.

f) The Company is not liable where access is denied or payment obligations are outstanding.

8. TAXES AND COMPLIANCE

The Customer is responsible for all taxes, duties, import charges, and regulatory requirements related to the Goods or Services.

9. INTELLECTUAL PROPERTY

a) All drawings, designs, and technical materials remain the property of the Company.

b) They may not be copied, shared, or used without written consent.

c) The Customer indemnifies the Company against any claims arising from Customer-provided specifications.

10. FORCE MAJEURE

The Company is not liable for failure or delay caused by events beyond reasonable control, including natural disasters, strikes, or governmental restrictions.

11. HEALTH AND SAFETY

a) The Customer is responsible for ensuring a safe working environment at the delivery or service site.

b) The Customer must disclose any hazardous materials or conditions prior to service delivery and indemnifies the Company against related claims.

12. TERMINATION

The Company may terminate the Contract immediately if the Customer:

  • Breaches any obligations;

  • Becomes insolvent or bankrupt;

  • Has legal proceedings or liquidation actions initiated;

  • Fails to make payment when due.

Upon termination, all outstanding amounts become immediately payable.

13. GENERAL

a) No third-party rights are created under this Agreement.
b) The Company may subcontract work where necessary.
c) This Agreement is governed by the laws of South Africa.
d) Failure to enforce any provision does not waive rights.
e) Notices must be provided in writing to the registered address.
f) The Contract may not be assigned without written consent.