CONDITIONS OF SALE
1. Unless otherwise stated in writing by the Seller, payment is due within 30 days from the date of the Seller’s invoice. All COD payments are due in full after the collection/delivery of the goods.
2. The Purchaser shall forfeit all guarantees if payment is not made to the Seller on the due date. (A copy of this guarantee is available on request)
3. The Purchaser shall pay interest at the rate of 2% per month on all outstanding amounts in respect of which payment is due.
4. Payments may not be withheld pending the settlement of any claim or dispute and in the event of the Seller taking legal action against the Purchaser for whatsoever cause, the Purchaser shall be liable for all legal costs.
5. All risks regarding the goods shall pass to the Purchaser upon delivery, but ownership shall remain vested with the Seller until payment of the purchase price is made in full.
6. The Purchaser acknowledges that upon acceptance of the Seller’s quotation, it shall constitute the entire agreement between himself and the Seller etc. and that no act, representation, guarantee or warranty of any nature, save as recorded in this order was done, given, or made by the Seller or its Directors, agents, employees, or any other persons. Any agreement varying the terms and conditions hereof shall be of no force and effect unless contained in writing by the Seller and the Purchaser and no verbal agreement shall have any force or effect.
7. In the event of the Purchaser committing a breach of or failing to conform to any of these terms and conditions or being declared insolvent or surrendering his estate for the benefit of his creditors or comprising with them of permitting any Judgement to be taken against him. Then in such an event, the Seller shall have the right, without prejudice to any other rights or remedies which it may have in law forthwith either.
a) to claim immediate payment for the full balance of the purchase price, or
b) to cancel the agreement of sale and re-take possession of the goods.
8. The date of delivery specified in our quotation represents the date on which the Seller shall tender delivery and render its invoice. The amount of the invoice shall become due owing and payable within 30 days of the date thereof irrespective of whether or not the Purchaser accepts delivery on the date of the delivery. Furthermore, should the Purchaser refuse to accept delivery on the agreed delivery date for any reason whatsoever, the Seller shall be entitled to charge storage charges calculated at a daily rate calculated from the date of delivery specified in this quotation to the date on which the Purchaser physically accepts delivery. Provided always, that the Seller shall be entitled to postpone the delivery date if the Seller is subjected to any delay in the supply of materials or the manufacture of the goods beyond the Seller’s control.
9. Should it be necessary for the Seller to institute legal action against the Purchaser for any reason, then the Purchaser consents to the jurisdiction of the Magistrates Court.
10. This quotation shall remain open for acceptance for a period of 30 days from the date hereof, after which the quotation shall lapse.