Terms and Conditions

Terms & Conditions of Sale


Subject to any applicable law, in the event of any order being given to the Company on an

order form reflecting the Purchaser’s name as the entity from which the order emanates,

such order shall be deemed to have emanated from the purchaser, despite the fact that

such order may have been given or signed by a person not authorised by the Purchaser

and such order will be deemed to constitute valid order.


2.1 The company will make every reasonable endeavour to ensure timeous delivery of the

goods on the terms and conditions agreed between the purchaser and the Company

however the company shall not be liable for late deliveries due to circumstances which are

beyond the company’s control.

2.2 Signature by the Purchaser or by any representative of the Purchaser on the

Company’s delivery note shall be regarded as acceptance by the Purchaser that the goods

reflected in such delivery note have been properly and completely delivered.


Until such time as the Purchaser has paid the purchase price in full in respect of any

purchase of goods, the ownership of all such goods shall remain with the Company. Subject

to any applicable law, the Company shall in its sole discretion and without notice to the

Purchaser be entitled to take possession of any such goods which have not been paid for

and in respect of which payment is overdue in which event the Purchaser shall be entitled to

a credit in respect of the goods so returned being the price at which the goods are sold or

the value thereof as determined by the Company.


The risk in and to the goods shall pass from the Company to the Purchaser on the date of

delivery to the Purchaser (or its nominee), despite the fact that ownership will not pass to

the Purchaser until full payment of the purchase price to the Company.


5.1 Subject to any applicable law:

5.1.1 all goods purchased shall be regarded as having been sold as is without warranty

against latent defects;

5.1.2 no liability shall arise on the part of the Company for any representation or warranty

made or alleged to have been made in respect of goods sold by the Company to the


5.1.3 the Company’s liability in respect of any claim based on defective goods shall be

limited to repairing or replacing such defective goods, at the discretion of the Company,

during any applicable warranty period, provided that such defective goods are returned to


the Company in their original state and at the Purchaser’s cost within the applicable

warranty period. In circumstances where the goods are not manufactured by the Company,

the Company’s liability shall in no circumstances extend beyond any corresponding liability

of the manufacturer or supplier of such goods to the Company.

5.2 The lifespan of goods sold by the Company, which is indicated on the Company’s

packaging from time to time, is an approximate estimate only and the warranty period

relating to such goods shall be the applicable period for the purposes of any claim by the




6.1 In circumstances where the Purchaser wishes to return non-defective goods to the

Company for credit, the Company may, in its sole and absolute discretion (subject to

applicable law), agree to the return of such goods subject to the goods being new, unused,

in their original packaging and in a saleable condition. The Purchaser shall be obliged to

furnish adequate written proof of having purchased the goods from the Company.

6.2 Subject to applicable law, the Company shall be entitled to a minimum 10% handling fee

for any goods which are returned for credit.6.3 Notwithstanding the prevailing price of the

goods at the time that they are returned to the Company, the price reflected on the

Purchaser’s proof of purchase shall be the price credited by the Company to the Purchaser

for the return of the goods, less the handling fee.


7.1 The terms of payment are strictly 30 days from the date of the statement of account

unless otherwise agreed in writing by the Company.

7.2 In the event of the Purchaser defaulting on payment of any amount that has become

due, owing and payable, the full balance outstanding (whether due or not) will immediately

become due and payable to the Company without notice to the Purchaser.

7.3 The Company does not appoint the Post Office or any other body as its agent for

payments by post or otherwise. All payments shall either be made to the Company’s

physical place of business from where the goods were ordered, or transferred directly to the

Company’s nominated bank account. In the event of any payments being mislaid or lost in

the post or elsewhere, the Purchaser shall still be and remain liable to the Company for


7.4 The Purchaser may not withhold or defer payment for any reason whatsoever, including

but not limited to any claim, of whatever nature that the Purchaser may have against the




If the Purchaser should fail to object to any items appearing on the Company’s statement of

account within 10 (ten) days of date of dispatch of the statement of account, the account

shall be deemed to be in order and correct in all respects.



9.1 Subject to any applicable law, the Purchaser acknowledges that it will indemnify and

hold the Company harmless against any liability in respect of the goods, including under the

Occupational Health and Safety Act 85 of 1993 and the Mine Health and Safety Act 29 of

1996. Subject to any applicable law, specific reference to sections 10 and 21 of the

respective legislation as it applies to product liability is disclaimed by the Company.

9.2 The Purchaser shall be obliged to and warrants that it will ensure that a qualified

technician and/or electrician installs all goods purchased from the Company which require

installation by such qualified persons. Should the Purchaser fail to comply with such

obligation, the Purchaser indemnifies the Company from any liability arising from the

purchase of the goods.9.3 The Purchaser acknowledges that it does not rely in any manner

on any representations and/or advice of the Company in its decision to purchase particular

goods from the Company.


All costs incurred in any action against the Purchaser, including costs on an attorney and

own client scale and attorney’s collection commissions, will be paid by the Purchaser should

the Company be successful in such action or proceeding. The Purchaser will reimburse the

Company for all costs incurred in recovering any amount owing by the Purchaser to the

Company, including but not limited to its legal costs incurred in proceeding against the

Purchaser, howsoever those costs are incurred and whether they are incurred prior to the

institution of action, after the entry of judgment or at any other time.



A certificate signed by any manager or any director of the Company reflecting the amount

owing by the Purchaser to the Company in relation to the Purchaser’s dealings with the

Company and the fact that such amount is due, owing and unpaid shall be prima facie (on

the face of it) proof of such facts for the purpose of any action (whether by way of

Provisional Sentence or otherwise), proof of debt on insolvency or for any purpose where

the amount of such claim is required to be established and it shall rest entirely with the

Purchaser to prove that such amount is not owing, due and/or unpaid.


The purchaser is to notify the Company, in writing, within 7 (seven) days of any change of

ownership of the Purchaser. The Purchaser acknowledges that immediately upon any

change of ownership of the Purchaser any outstanding amount, whether due or not, shall be

deemed to be immediately payable by the Purchaser to the Company.


Should the Purchaser at any time be wound up, whether provisionally or finally, (which

liquidation or sequestration, whether provisional or not, shall be deemed to be a material


breach by the Purchaser) or should steps be taken to place the Purchaser in business

rescue or in the event of the Purchaser being an individual or partnership and having his/its

estate sequestrated, whether provisionally or finally, any goods delivered by the Company

to the Purchaser and in respect of which payment has not been made at the date of the

winding up or sequestration (whether payment in respect thereof be due or not) shall

immediately be returned to and recoverable by the Company, wherever such goods may be




The Company shall at any time be entitled to cede all or any of its rights against the

Purchaser to any third party without notice to the Purchaser.


These terms and conditions, despite the manner in which they have been grouped together

or linked grammatically, are severable from each other. Any term or condition which is or

becomes unenforceable in any jurisdiction in which it applies or in which its enforcement is

sought, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason

whatever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto

(as if it had not been written) and the remaining terms and conditions shall remain of full

force and effect.


Any condonation of any breach of any of these terms and conditions or other act or

relaxation, indulgence or grace on the part of the Company shall not operate as or be

deemed to be a waiver by the Company of any of its rights or be construed as a novation of

the agreement between the Purchaser and the Company.


17.1 These terms and conditions are in addition to and not in substitution for any signed

trading terms and conditions entered into between the Purchaser and the Company.

17.2 The Purchaser acknowledges that no terms at variance with these terms which have

been sought to be introduced by the Purchaser at any time shall be of any force or effect

unless the Company has, in writing, expressly and unambiguously agreed that the terms so

sought to be introduced by the Purchaser shall apply. Without limiting this, the Company

shall not be regarded as having so expressly agreed to such terms by virtue of the

Company having agreed to execute an order in which inconsistent terms have been

introduced by the Purchaser and despite the fact that the Company has not rejected such

inconsistent terms.