Terms and Conditions Of Sale
(Where applicable, these terms and conditions are to be read in conjunction with the standard terms and conditions contained in the SECEQUIP (PTY) LTD CREDIT APPLICATION FORM.)
- Payment will be made promptly within 30 days of date of statement of account from Secequip (Pty) Ltd, failing which the full amount shall immediately become due and payable without notice of whatsoever nature, notwithstanding that any amount may, at that date, not yet be due. In the event of its default, the Customer shall pay interest on all overdue amounts at a compound rate of 3% (three percent) per annum above the prime lending rate of Secequip (Pty) Ltd’s bankers from time to time. Secequip (Pty) Ltd shall be entitled to place the Customer on “stop supply” without notice notwithstanding that the Customer may have placed an order for the supply of goods to the “stop supply” date.
- Ownership in and to the products shall remain vested in Secequip (Pty) Ltd and shall only pass to the Customer once the Customer has effected payment of the whole of the contract price to Secequip (Pty) Ltd. Notwithstanding the aforesaid, however, possession and risk of ownership in and to the products shall be given and passed to the Customer, it’s agent or employees immediately upon delivery of the products thereto. Where delivery is by carrier, the carrier shall be deemed to be the Customer’s agent.
- It is the sole responsibility of the Customer to determine that the goods are suitable for the purpose of intended use. Products sold by Secequip (Pty) Ltd will only be accepted for credit at the sole discretion of Secequip Supplies (Pty) Ltd and only if the goods are returned within 7 (seven) days from date of sale and are unused and are complete in the original packaging as well as accompanied by the original tax invoice. If the goods are accepted by Secequip (Pty) Ltd a 10% handling charge will apply.
- The Customer confirms that the goods specified on the tax invoice issued in the absence of manifest error duly represents the goods ordered by the Customer at the prices agreed to by the Customer, and where delivery has already taken place, that the goods were inspected and the quantity correct in all respects.
- Secequip (Pty) Ltd shall under no circumstances be liable for any consequential damage or for any delictual liability of any nature whatsoever nor shall Secequip (Pty) Ltd be liable for any damages arising from any misuse and/or abuse of the products.
- Specification and prices of goods may be changed by Secequip (Pty) Ltd at its sole discretion and without prior notice.
- The balance owing on every monthly statement rendered by Secequip (Pty) Ltd is payable in full within 30 (thirty) days from date of such statement, failing which Secequip (Pty) Ltd shall be entitled to levy interest at a rate equivalent to 3% (three percent) above the prime lending rate of Secequip (Pty) Ltd’s bankers from time to time in addition to such other remedies that may be available to it. In the event of default by the Customer the full amount shall become due and payable without notice.
- Payment of an invoice/invoices may not be withheld pending the satisfactory solution of a query on any other invoice/ invoices.
- Should a cheque or any other negotiable document submitted by or on behalf of the Customer to Secequip (Pty) Ltd, not be honored for any reason whatsoever, the total indebtedness of the Customer including related charges will become due and payable immediately in full.
- Should the Customer fail to effect payment due in terms hereof or commit any other breach of this contract, Secequip (Pty) Ltd shall be entitled to, at its sole discretion and without prejudice to any other remedies which may be available to it, cancel the contract, recover the products from the Customer and institute a claim for damages against the Customer Legal costs incurred by Secequip (Pty) Ltd may be recovered from the Customer on the attorney and client scale.
- Secequip (Pty) Ltd shall, at its sole discretion be entitled to cancel this contract should circumstances of whatsoever nature make it impossible for Secequip (Pty) Ltd to execute the order.
- SELLER ‘S LIABILITY
12.1 Secequip (Pty) Ltd undertakes that goods supplied will conform to specifications and / or requirements specifically agreed to by it in writing.
12.2 In the event of the goods not being in accordance with specifications Secequip (Pty) Ltd’s liability shall be limited to the replacement of such goods only Secequip (Pty) Ltd will not be liable for any consequential loss whatsoever.
12.3 Should any cause whatsoever beyond the control of Secequip (Pty) Ltd prevent the performance of any of its obligations Secequip (Pty) Ltd at its option shall be entitled to cancel or suspend performance of its obligations hereunder without being liable for any loss or damage, consequential or otherwise, I resulting from such cancellation or suspension.
12.4 In the event of the Customer incorrectly or inadvertently fixing Secequip (Pty) Ltd’s products the replacement warranty in clause 12.2 shall fall away. The onus shall be on the Purchaser to obtain from the Seller fixing or fitting instruction manuals or literature should the Purchaser be in any doubt with regard thereto.
The Customer consents to the jurisdiction of the Magistrates Court Act No. 32 of 1944 (as amended) having jurisdiction under section 28 of the said act, notwithstanding that the claim by Secequip (Pty) Ltd exceeds the normal jurisdiction of the Magistrate’s Court as to amount. Secequip (Pty) Ltd shall in its discretion be entitled to proceed against the Customer in any other court of competent jurisdiction, notwithstanding the aforegoing.
(Definitions: “Customer” means the purchaser of any Secequip (Pty) Ltd products. “Products” means the products sold and services rendered by Secequip (Pty) Ltd to the Customer)