Terms and Conditions of Sale

 May 2019

1. It is acknowledged that there are no undertakings, agreements, warranties of representation of any nature unless specified in this agreement.
2. Any additional costs of whatever nature arising from omissions or discrepancies in drawings of specifications supplied by the purchaser shall be for the account of the Purchaser.
3. In the event of the Supplier manufacturing goods in accordance with specifications and drawings supplied by the Purchaser then the Supplier shall not be:
a. Liable for any defects or inadequacies of design or for any warranties involved in the design aspect of the work.
b. Liable for any injury, loss or damage to persons or property which may result from any defects in design and the Purchaser indemnifies the Supplier against such liability.
c. Any cost of material or labour incurred with the installation of the goods resulting from defective plans and specifications or alternatively in respect of specifications and plans which to not correctly fit the purpose for which they have been provided, then, and in such an event the additional costs will be for the Purchaser's account.
4. The Purchaser shall ensure that adequate provision is made at its own expense to enable the Supplier to enter the premises or cold rooms as the case may be for the purpose of installation of the equipment. The Purchaser shall bear any expenses incurred by the Supplier in arranging proper access to the area where the equipment is to be installed. The aforesaid costs involved will be the Supplier's usual costs and charges.
5. In the event of the Supplier supplying and installing self-contained units, the Purchaser shall be obliged at its own expense to install all electrical connections of at least 15amp (Or to such other specification as the Supplier may prescribe) to be situated not more than 1 metre away from such a self-contained unit
6. The Supplier shall supply only 10 metres of electrical cables and refrige¬ration tubing in the installation of equipment supplied.
7. The Supplier shall not be liable for any consequential loss or damage howsoever arising.
8. No representation or warranties of any nature, other than those stipulated for herein shall be deemed to have been made by the Supplier.
9. REFRIGERATION EQUIPMENT
a. If any goods are latently or otherwise defective a claim may be made against the Supplier, owing to defective materials, or defective workmanship, arising under proper use and maintenance of the goods within twelve months from the date of completion of the work carried out by the Supplier in respect of the goods. The Supplier shall, at its option,-
i. Repair or replace any unit or component part or any unit.
ii. Require the Purchaser to accept the goods at a reduced purchase price
It is a condition precedent to the Suppliers liability in terms of this warranty that if any such defect arises, the Purchaser shall inform the Supplier in writing thereof, stating the nature of the defect and the circumstances under which it arose, within fourteen days of discovery of the defect. The warranty does not extend to cover any component or art not manufactured by the Supplier
iii. Pass on the guarantee it receives from its' suppliers
b. It is the responsibility of the Purchaser to ensure that the condenser is kept clean at all times. Should a blocked condenser cause damage to the refrigerator motor, then the Supplier is not liable for any consequential damages whatsoever.
10. CATERING EQUIPMENT
a. If any goods are latently or otherwise defective a claim may be made against the Supplier, owing to detective materials, or defective workmanship, arising under proper use and maintenance of the goods within three months from the date of completion of the work carried out by the Supplier in respect of the goods. The Supplier shall, at its opinion:-
i. Repair or replace any unit or component part or any unit.
ii. Require the Purchaser to accept the goods at a reduced purchase price
It is a condition precedent to the Suppliers liability in terms of this warranty that if any such defect arises, the Purchaser shall inform the Supplier in writing thereof, stating the nature of the defect and the circumstances under which it arose, within fourteen days of discovery of the defect. The warranty does not extend to cover any component or art not manufactured by the Supplier
iii. Pass on the guarantee it receives from its' suppliers
11. DEALERS
a. Dealers are liable to carry their own guarantee with part for part exchange. Work carried out by us is payable by the dealer.
b. The Supplier in addition shall not be obliged to carry out any remedial work in terms of this paragraph, unless and until all amounts due, owing and payable by the Purchaser hats been paid.
c. The Supplier shall not be liable in any manner whatsoever for any electrical component in the Purchaser's property, which becomes defective while being used to supply electrical current to the goods supplied by the Supplier.
d. Any remedial work carried out by the Supplier shall be carried out between the hours of 8 a.m. to 5 p.m. during the week commencing Monday and ending Friday. In the event of the Purchaser requiring the Supplier to do work either remedial or otherwise on defective goods, then in such an event the Purchaser will be liable to pay the overtime rate for such work performed.
e. The Supplier shall not in any way be liable for the damages to the equip¬ment arising out of the failure or alteration or any other irregularity in the electrical supply to the equipment.
f. This warranty applies to equipment within a radius of 30km of factory, customers beyond this point will be required to pay travelling expenses.
12. The Purchaser indemnifies the Supplier against any damage of whatsoever nature caused by the Supplier's employees during the performance of any work, or anything ancillary thereto and holds the Supplier harmless.
13. TRANSPORTATION
a. The risk in and to any equipment or part thereof, once it has been collected from the Supplier’s premises shall pass to the Purchaser who will be liable for any loss or damage thereto.
b. The delivery of equipment or parts thereof shall be conclusively fulfilled once the Purchaser or its agent or employee has signed a delivery note recording the delivery to the Purchaser or its agent or employee of the item in question.
c. Should transportation be the responsibility of the Supplier, the risk in and to any equipment or part thereof shall remain with the Supplier until the goods have been successfully offloaded and placed in the premises of the Purchaser.
14. No variation of any nature to the terms and conditions contained in this agreement shall be valid unless reduced to writing and signed by the Purchaser and the Supplier.
15. Unless otherwise stated payment shall be effected by the Purchaser as follows:-
a. 50% deposit is required to secure the materials for the order. Manufacturing will only begin once funds reflect in the Supplier’s bank account.
b. 50% payable within 7 days from date of invoice
c. Any variation from the above will require signoff from the Supplier’s accounts department.
d. All payment arrangements are to be communicated via email and approved prior to the manufacturing process.
e. If any price is not paid on the due date, the Purchaser shall be obliged to pay interest thereon at the rate 9% (nine percentum) per month until date of payment and shall in addition forfeit any cash discount granted to the Purchaser.
f. Should the balance not be settled within 3 months from date of invoice, the Supplier may commence the legal debt collection process which may involve removal of equipment from the Purchaser’s premises.
g. All payments shall be made to the Suppliers via electronic transfer
h. Payment of the purchase price may not be withheld pending settlement of any claim or dispute. In the event of work having to be suspended, either at the instance of the Purchaser or through circumstances beyond the Supplier's control, the Purchaser will pay immediately to the Supplier, the contract value of all work done and material supplied to the date on which the work was suspended.
i. If payment is made in instalments, failure by the Purchaser to pay any one instalment will result in the whole balance on the purchase price becoming due payable and owing immediately on default.
16. The Supplier shall at all times have a lien over the equipment forming the subject matter of the agreement until payment by the Purchaser is made in full. The Supplier moreover shall retain full ownership of the equipment, notwithstanding delivery to the Purchaser, until such time as the purchase price has been paid in full.
17. Any claim against the Purchaser brought by the Supplier, may by consent be brought in the Magistrate's Court, notwithstanding that either the amount of the claim may exceed the Magistrate's Court.
18. If the Supplier has to instruct an Attorney to enforce its rights herein contained against any party to this agreement, it shall be entitled to claim its Attorney and own client costs incurred, including collection commission from the Purchaser.
19. The parties respectively choose their domicilium citandi et executandi for all notices and processes to be given and served in pursuance thereof at the address given in this agreement.