Beissbarth SA (Pty) Ltd

 

TERMS AND CONDITIONS

 

  1. Definitions
  • “E & OE” Errors and omissions excepted. To the best of the sellers knowledge,the information is correct, but that they will not be held responsible if an errorhas been committed.
  • “Buyer” is the person, firm or company buying.
  • Contract of Sale” is the Seller’s standard form document headed as such, and incorporates theses conditions of sale. The buyers official company order will be deemed to be a contract of sale and subject to all conditions and terms as set out below.
  • “Goods” are goods of the type and quantity specified on the quote or invoice.
  • “Seller” is Beissbarth SA (Pty) Ltd.
  • “Ton” is a ton of 1000 kilograms.
  1. Formation of the Contract of Sale
  • The goods specified in the contract of sale are sold by the Seller to the Buyer for the price stated therein. The completed sales order form shall be signed by the buyer and forwarded to the Seller, and shall constitute an unqualified, irrevocable offer to purchase, subject to these conditions of sale. The Seller’s acceptance of the offer will be indicated by its signature of the sales order form, upon which a binding contract will come into existence subject to the terms and conditions thereof.
  • These conditions of sale are deemed to form part of all contracts of sale concluded by the Seller, and all business undertaken by the Seller, including advice, information, or services rendered by the Seller, gratuitous or not, is subject to the terms and conditions contained therein.
  • No statements or representations by agent or employees or officers of the Seller and no variations or waiver of these conditions of sale will be binding on the Seller, unless reduced to writing and signed by a duly authorized representative Of the Seller.
  1. Prices

The price, unless otherwise specified in the contract of sale, will be the price ruling at the date of dispatch from the Seller’s warehouse. All prices are F.O.B the sellers warehouse.

  1. Delivery
  • Unless otherwise agreed the goods will be delivered by road transport. The Seller will be deemed to have fulfilled its obligation to deliver and risk in and to the goods shall pass to the Buyer, when the Seller has delivered the goods into the custody of the carrier (rail / road / air or sea) appointed by the Buyer or nominated by the Seller, cleared for export if necessary, at the named siding, or other point of dispatch.
  • The buyer shall arrange and pay for the carriage, provided that the Seller may, if it’s is requested by the Buyer or if it is commercial practice and the Buyer does not give an instruction to the contrary in due time, or if the carriage must be prepaid, arrange a contract for carriage on the usual terms at the Buyer’s sole risk and expense. Where the Seller pays for the carriage the Buyer shall refund the Seller all amounts so paid on demand, and such payment shall not constitute the carrier the agent of the Seller or otherwise in any way vary the provisions for the passing of risk in and to the goods.
  • Where the Seller undertakes to deliver the goods using its own vehicles, the Seller will be deemed to have fulfilled its obligation to deliver and risk in and to the goods shall pass to the Buyer, when the carrying vehicle arrives at the Buyer’s premises and off-loading commences.
  • Notwithstanding anything to the contrary contained herein reference to Incoterms shall be Incoterms 2000, or the edition current at the time of the formation of the contract of sale.
  1. Payment
  • Payment is due on presentation of invoice, or as otherwise agreed in the contract of sale.
  • Payment is to be made on due date, without deduction, demand or set-off and free of bank exchange, at the Seller’s head office in Midrand or at any of the Seller’s branches, and only a receipt or a quittance issued from such office, signed by a duly authorized representative of the Seller will be a valid discharge or liability.
  • Overdue accounts will bear interest at the maximum rate permissible from time to time in terms of the Usury Act, No. 75 of 1968.
  • In the event that a contract of sale provides for staged delivery in several consignments, each consignment will be a separate contract of sale, the Seller shall have the right to invoice the Buyer for each consignment, and each such invoice will be payable on presentation.
  1. Delay or impossibility of performance.

The Seller shall have the right to suspend delivery of any of the goods to be supplied by it to the Buyer in terms of the Contract of Sale, to the extent and for as long as such delay is caused by or attributable to any circumstances beyond its reasonable control, including but not limited to war, sanctions, rebellion, strikes, breakdown or machinery, civil commotion, inadequate supply of trucks or other transport, or labour or raw material, floods, storms, official or unofficial boycotts or acts of State. The Seller shall further have the right if any of the aforegoing circumstances persist for ninety days or longer and while those circumstances persist to forthwith cancel the Contract of Sale by written notice to the Buyer, in respect of the goods not delivered at the time of cancellation. The Seller shall not be liable to the Buyer for damages as a result of such suspension or cancellation.

  1. Components

The Buyer shall notify the Seller in writing not later than 10 working days after delivery of the goods, or the date on which the goods ought to have been delivered, of any complaint in respect of specifications, quantity, packaging, failure to deliver or short delivery, failing which any claim arising there from shall ipso facto lapse and be unenforceable. The endorsement of delivery notes shall not be sufficient notice for this purpose.

  1. Off-loading of Trucks

Where goods are delivered by truck the off-loading of the truck shall be the responsibility of the Buyer, and shall be carried out at the Buyer’s sole risk and expense. Should the Buyer require the Seller’s employees or agents to assist in the off-loading the Seller will not be responsible for any loss or damage whatsoever arising out of the negligence, gross or otherwise, of said persons.

  1. Buyer’s Financial Position

Should the Buyer fail to pay to the Seller on the due date, any sum payable under the Contract of Sale or other amounts owing by the Buyer to the Seller or commit a breach of any other obligation under the Contract of Sale or commit an act of insolvency or being an incorporated company be placed under provisional or final liquidation or judicial management or effect a compromise or composition with his creditors or should the Seller at any time otherwise have cause to be dissatisfied with the Buyer’s financial position, the Seller may, without prejudice to his other rights, either suspend further deliveries under the Contract of Sale, require payment in advance for all or any such deliveries or terminate the Contract of Sale forthwith by written notice to the Buyer, and may, in addition, demand and enforce immediate payment for deliveries already made notwithstanding any earlier agreement of Credit.

  1. Limitation of Liability
  • Quality: All goods supplied by the Seller to the Buyer are warranted to accord with the specifications specified by the Seller, or if there is no such specification to be within normal limits or industrial quality. All other warranties or conditions as to quality or description (statutory or otherwise) are excluded.
  • Purpose: The Seller does not warrant the suitability of the goods for the Buyer’s purpose. It is understood that it is the Buyer’s responsibility to satisfy himself in this regard. Any warranties or representations, express or implied, statutory or otherwise, including but not limited to any recommendations, statements or suggestions relating to the use of the goods which the Seller may make in technical literature or in answer to an enquiry by the Buyer, or which may be stated in the Contract of Sale, are expressly excluded, and shall in no way be binding on the Seller.
  • The liability of the Seller for breach of the warranty as to quality contained in 10.1. above, or for any other claim based on any defect in goods supplied by the Seller to the Buyer shall not exceed the replacement of the goods shown to be defective or, at the Seller’s option, reimbursement of the price received by the Seller for the defective goods against delivery of such goods to the Seller.
  • Unless specifically stated the warranty of goods supplied is 12 months. All warranties specifically exclude air and oil leaks.
  1. Assignability

The Contract of Sale may be assigned by the Seller to its holding company or to any other subsidiary or associate company of that holding company but is not assignable by the Buyer without the written consent of the Seller.

  1. Litigation

Any legal costs which the Seller incurs in recovering any amount owing by the Buyer on the attorney and own client scale.

  1. Breach and General
  • Should the buyer commit a breach any of the terms hereof, and fail to remedy such breach within seven (7) days of receipts of written demand from the Seller to do so, the Seller shall be entitled to cancel the Contract of Sale forthwith and recover damages from the Buyer.
  • Any relaxation by the Seller of any of these terms and conditions shall not constitute a negation, waiver or amendment thereof.
  • These terms and conditions and all business undertaken pursuant thereto, shall be subject to South African law and jurisdiction.
  • The Buyer hereby consents to the jurisdiction of any Magistrate’s court having jurisdiction subject, however, to the Seller’s right to proceed in its discretion in any High Court having jurisdiction.
  • Should any provision in these terms and conditions be repugnant to any legislations or the common law, it shall be severed to that extent only and the remaining provisions will be enforceable.
  1. Civil Works and Site Preparation

It is the buyer’s responsibility to ensure that all concrete and civils works, air and electrical demand required for the correct operation of the equipment purchased is in place and ready for the equipment installation.

Tel: 011 805 8847 / 8134

Fax: 0865287519 /

0866103858

Co Reg: 2018/257532/07

VAT No: 4260290202

Beissbarth SA (Pty) Ltd