These conditions of sale constitute the entire contract between TERAOKA S.A. (PTY) LTD. (hereinafter referred to as THE COMPANY) and the customer. Should any order or acceptance by the customer or any quotation given by the COMPANY, purport to stipulate any conditions which are at variance with these conditions, these conditions will in all instances determine and regulate the contract unless any variation to these conditions is committed to writing and expressly agreed to by the COMPANY.
- CUSTOMER ORDER
No order or acceptance of any quotation in respect of services offered shall be binding upon the COMPANY until accepted by the COMPANY in writing.
- DELIVERY PROGRAMMING AND INSTALLATION
- Delivery, programming and installation dates stipulated by the customer or offered by the COMPANY are subject to the availability of stocks and no liability either of a direct or consequential nature shall attach to the COMPANY in respect of delays whatsoever the cause.
- Every effort will be made by the COMPANY to meet due delivery, programming and installation dates but should the COMPANY fail to meet such dates, this shall not entitle the customer to repudiate or cancel the contract.
- The COMPANY in its sole discretion shall determine and select the form to transport and packaging for delivery. No liability shall attach to the COMPANY arising from any loss or damage to goods resulting from the unsuitability or defectiveness of packaging used.
(d)All risk of loss or damage to the goods shall be borne by the customer once delivery has been effected. The carrier selected by the COMPANY shall be regarded as acting as an agent for the customer and as a result of loss or damage in transit shall be borne by the customer except to the extent that the customer is able to make good such loss by recompense from the carrier.
(I) Unless otherwise agreed to in writing:
- All prices are quoted ex COMPANY premises from that branch of the COMPANY providing the quotation. The cost of any ancillary work required to effect installation of the goods is not included in the quotation. Such ancillary work will be separately charged for should, any such work be undertaken by the COMPANY.
- All quotations given are valid for a period of fourteen days from the date of quotation.
(II) Should the customer’s premises at the delivery address be in any way unprepared for the delivery or installation of the goods, rendering it necessary for the goods to be returned to the COMPANY before being delivered at a more suitable time, or should the unpreparedness of the customer’s premises be such as to require certain COMPANY employees to make visits to the customer which are additional to the normal visit pattern, then the customer will reimburse the COMPANY for all such additional costs incurred.
(11I)The COMPANY may without prior notice cancel any sales agreement should the customer become bankrupt, insolvent, make any arrangement with its creditors or go into voluntary or compulsory liquidation.
(a) Any claims against the COMPANY in respect of defective workmanship or for any other cause must be made in writing and lodged with the COMPANY within seven days of delivery. If claims are not lodged within this time period, such claims will lapse and become unenforceable except to the extent that claims may be made against the COMPANY in terms of the COMPANY’s standard guarantee.
(b)The COMPANY shall be entitled to inspect those goods which are allegedly to be defective and may at its sole discretion, decide to repair or replace those goods which are accepted by the COMPANY as being defective and for which it accepts liability.
(c) No claims under any guarantee or otherwise in respect of any alleged faulty or defective printer or wrapping mechanism will be entertained by the COMPANY if the printer or wrapping mechanism concerned has been operated using labels or wrapping film other than those specified by the COMPANY.
(d)The COMPANY shall not be liable for any inconvenience, loss, damage or injury caused whether actual or consequential, by any defect, whether patent or latent, in or which may arise from the use of the goods or equipment.
(a) Unless specifically provided otherwise in writing, payment is due and payable immediately on delivery of the goods to the premises stipulated by the customer.
(b)The COMPANY retains ownership of goods until payment has been received in full. In the circumstance that the credit terms have been granted to the customer, that grant is conditional upon the COMPANY reserving to itself all rights of ownership until payment has been received in full.
(c) For the purpose of clauses 5(a) and 5(b) above, each individual installation or delivery of one or more items is deemed to be complete in itself and separately payable in terms of clause 5(a) and 5(b) notwithstanding that each such individual installation or delivery may be part of a larger contract of sale, the goods and services of which contract may be required to be delivered contemporaneously or over a period of time.
- Should a portion of an amount become overdue for payment then the whole amount of the account between the COMPANY and the customer will immediately become due and payable, furthermore the COMPANY will be entitled to suspend further deliveries until such amount is paid in full.
- Should an account which is overdue be handed to an attorney for collection then the customer will also be liable for all costs incurred between the COMPANY and the COMPANY’s
- The customer hereby consents to the jurisdiction of the Magistrate’s Court in respect of any proceedings which may arise in connection with these conditions subject to the COMPANY’s right to proceed against the customer in any division of the Supreme Court having jurisdiction should the COMPANY so wish.
- Failure by the COMPANY to insist upon the strict performance of these conditions shall not constitute a waiver by the COMPANY of its right to do so nor as acceptance of or acquiescence to any future breach of these conditions.
- Massmeters sold on this invoice for use in trade are subject to an indefinite period service contract between the COMPANY and the customer/user in terms of Section 36 of the Trade Metrology Act. This contract does not relieve the customer/user from the obligation to pay the COMPANY for all repairs and service performed in terms of such contract.