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  General Conditions of Sale  
  All goods are sold subject to these GENERAL CONDITIONS OF SALE. No variations of these CONDITIONS OF SALE and no contrary stipulations by BUYER shall be valid unless specifically accepted by SELLER in writing.
  1. DELIVERY
    • All goods sold by SELLER in bulk shall be on a delivered on BUYER'S site basis and the risk in the goods shall pass to BUYER when the tanker containing the goods has entered BUYER'S premises. Offloading shall be the responsibility of BUYER and any loss shall be for BUYER'S account. All goods sold by SELLER in other packaging options (e.g. drums, semi-bulk containers, etc.) shall be on either an ex Works or a delivered basis. Delivery shall be either from Sasolburg or Durban.
    • BUYER and SELLER shall prior to delivery, agree on the mode of transport to be employed for the delivery of goods in other packaging options (drums, semi-bulk containers, etc.) If goods are sold on an ex Works basis and SELLER'S or other hired transport is used for delivery on BUYER'S request, the risk in the goods shall pass to BUYER when such transport vehicle has left SELLER'S premises.
    • SELLER does not guarantee dispatch on any specific date but will endeavour to dispatch on the date(s) requested in the buying order and BUYER is bound to accept delivery of the goods when tendered.
    • If a written buying order in confirmation of a verbal order is not received by SELLER prior to dispatch of the goods, SELLER does not accept responsibility for incorrect goods and/or quantities supplied. If such incorrect or excess goods are returned to SELLER, BUYER shall bear the cost of transport both ways.
    • The mass of the goods sold, is the mass as ascertained at SELLER'S factory or an appointed subcontractor, which weight shall be accepted by both parties as correct.
    • SELLER reserves the rights to deliver against any order an excess or deficiency up to 5% of the mass ordered unless such orders are placed in accordance with the standard pack for the material in question.
    • SELLER may deliver by installments and each installment shall be deemed to be sold under a separate contract.
    • BUYER shall have no claim against SELLER for loss or damage, either direct or consequential, which may be directly or indirectly referable to any suspension or delay or cancellation in the execution of any contract arising from Vis Major or any cause or breakdown.

  2. PRODUCT SPECIFICATIONS
    • All specifications are subject to change, modifications and/or amendment and BUYER will be advised accordingly before the dispatch of the goods.
    • The onus is on BUYER to acquaint himself with SELLER'S specifications. Copies will be made available on request free of charge.
    • Any recommendations made by SELLER concerning the use and/or application of goods are made in good faith and SELLER does not guarantee or make any warranty regarding the performance of the goods in normal plant operations.
    • PRICE
      SELLER'S official list price ruling at the time of dispatch of the goods shall apply. All prices quoted are excluding VAT (Value Added Tax).

  3. PAYMENT
    • SELLER'S terms are net 30 days from date of statement. Any exceptions to the standard payment terms must be mutually agreed in writing between SELLER and BUYER.
    • SELLER reserves the right to charge interest at 2% per annum above prime bank rate on any outstanding amounts after due date.
    • BUYER shall not be entitled to withhold any payment or to offset any debt or claim against any monies payable to SELLER. SELLER will credit all discounts and/or rebates.
    • Should payment not be received on or before due date, SELLER shall be released from any obligation to supply any further goods. Such action by SELLER shall not detract from other rights that SELLER may have at law.
    • Ownership of all goods delivered to BUYER remains vested in SELLER until paid in full by BUYER.

  4. COMPLAINTS
    • All implied warranties and conditions statutory or otherwise whether as to quality, condition or fitness for any purpose of the goods are hereby expressly excluded.
    • Should any dispute or claim arise out of this contract BUYER shall not reject or return the goods save with SELLER'S written consent but shall accept and pay for them in accordance with the contract and make his claim as follows: All claims by BUYER of whatsoever nature and however arising shall be made by BUYER in writing within 10(ten) days of delivery in case of quantity variations and/or damage or loss in transit and within 42 days of delivery in all other cases. Any claim not so made shall be rejected by SELLER.
    • Any claim by BUYER on account of quality shall be decided by reference to and on the basis of control samples, retained by SELLER and the results of the examination of such control samples shall be conclusive in all respects in regard to such claim. BUYER shall also allow SELLER to examine the goods and to take samples of such goods at BUYER'S premises.
    • SELLER shall not be responsible for any indirect or consequential loss or damage whatsoever arising and if established shall not in my case exceed the invoice value of the goods forming the subject of the claim.

  5. RESALE
    • The goods to be supplied under this contract are for use by BUYER only in its manufacturing processes and are not for resale without the written consent of SELLER.

  6. GENERAL
    • Insofar as and if these conditions are inconsistent with or add or vary the common law of South Africa, these conditions shall prevail.
    • The parties do hereby consent to the jurisdiction of the Magistrate's Court for the purposes of any legal proceedings, which arise out of any contract, which is subject to these CONDITIONS OF SALE.
    • These conditions shall apply to all goods supplied now or in the future by SELLER unless expressly varied by SELLER in writing.
    • The parties chose their domicilium citandi et executandi for all purposes arises whereat as follows:
      SELLER:  Bunsen Street      BUYER: At the above stated
         Industrial Sites          registered address.
         SASOLBURG 1947
      and undertake to advise the other party in writing within 7(seven) days of any change thereof.
    • The signatory on behalf of BUYER to this credit application warrants that:
      1. He/she has read and understands these General CONDITIONS OF SALE;
      2. He/she is duly authorised to represent and to act for and bind BUYER;
      3. All information supplied are true and correct and form the basis of the relationship between the parties.
    • SELLER undertakes to notify BUYER in writing within 7(seven) days of any material change which might alter this relationship, amongst others but not limited to a change in ownership of the business and/or a change in the residential addresses of the directors/proprietors; any legal action served on the business; any deed of insolvency or offer to compromise with its creditors.

      Signed:    _____________________________      
           for and on behalf of Buyer
           
Date:      _____________________________

FULL NAMES:____________________________________________
  
     
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Copyright © 2005-2008 Karbochem (Pty) Ltd. All rights reserved. | Last updated May 2008