Terms and Conditions of Sale

(ProcureHub, hereinafter referred to as "the Creditor")

The undermentioned conditions of sale shall govern all dealings whether for cash or credit between the Creditor and the Purchaser for Credit Facilities reflected overleaf (hereinafter referred to as "the Purchaser") and shall prevail notwithstanding any terms, conditions or stipulations contained in the Purchaser's order or elsewhere that may be in conflict herewith.

  1. ORDERS
    • (a) Orders shall be executed at the discretion of the Creditor and the mere receipt by the Creditor of an order shall not oblige the Creditor to supply or sell the goods ordered to the Purchaser.
    • (b) All conditions, terms or stipulations contained in the Purchaser's order which are in conflict with the Conditions of Sale of the Creditor shall be deemed to be pro non scripto and the execution of such an order by the Creditor shall not have the effect of binding the Creditor to such conflicting conditions, terms or stipulations.
  2. PRICES
    • (a) All quoted prices and printed price lists are subject to alteration without prior notification to the Purchaser.
    • (b) Possession of a Price List by the Purchaser shall not be construed as an offer by the Creditor to sell the goods listed at the prices stated.
    • (c) All goods will be invoiced at the ruling prices as reflected in the Creditor's price list as at the date of despatch.
    • (d) Price Lists and quoted prices are based on the full quantities and standard sizes specified in such lists and any variation in quantity, size, specification or other variation requested by the Purchaser shall entitle the Creditor to adjust the prices at its discretion and such adjusted prices shall be binding on and shall be deemed to have been accepted by the Purchaser as the Creditor's usual, alternatively fair and reasonable prices for the goods sold.
    • (e) Should the Creditor at any time agree to grant any discount off its list prices, such discount is only granted on the basis that the Creditor reserves the right to withdraw the discount at any time and at its sole discretion.
  3. PAYMENT TERMS
    • (a) The decision whether or not to grant credit facilities to the Purchaser and the extent of such facilities shall be taken solely at the discretion of the Creditor and any credit facilities granted, may be revoked or reduced by the Creditor at any time without notice.
    • (b) Where credit is provided, the Purchaser undertakes to provide the Creditor with copies of its most recent financial statements at any time that the Creditor requests copies of such financial statements.
    • (c) Payment shall be made in via direct bank deposit, EFT or by bank guaranteed cheque with order, unless credit facilities have been granted by the Creditor and are in force, in which event payment shall be made no later than 30 days after date of statement.
    • (d) Payment will be deemed to have been made only when the amount of the payment is correctly reflected as a credit in the banking account of the Creditor and provided that the amount is in fact paid.
    • (e) Notwithstanding the fact that a number of separate deliveries may constitute one order, each delivery shall be invoiced on despatch thereof and each invoice shall be deemed to be a separate account and shall be payable accordingly.
    • (f) Accounts could be placed on "stop supplies" in the event that payment is made more than 30 days after the date of statement.
    • (g) In the event of the Purchaser defaulting on any payment due and/or failing to make any payment timeously and/or committing any act of insolvency and/or assigning or surrendering his/its rights and/or suffering any default judgment against him/it which remains unsatisfied for more than 14 days and/or being sequestrated, liquidated or placed under judicial management or otherwise wound up, whether provisionally or finally and/or entering into any compromise with any of his/its s, then the Creditor shall have the right, without prejudice to any other rights which it may have at law or in terms of this Agreement, to discontinue supplies and to claim immediate payment of any and all amounts outstanding whether or not payment of such amounts would otherwise be due and owing, together with costs and interest as set out hereunder which may have accrued on such amount and which amount shall in such event immediately become fully due, owing and payable.
    • (h) In the event of the Purchaser failing to make payment of any amount owing to the Creditor on the due date for such payment, the Purchaser shall, in addition to such amount, pay to the Creditor interest thereon from due date to date of payment calculated at a rate equivalent to the prime overdraft rate charged by retail banks, from time to time.
    • (i) A certificate signed by any manager or director of the Creditor stating the Purchaser's indebtedness, including interest, as at the given date shall be prima facie proof of the amount and validity of such indebtedness for the purpose of all legal proceedings instituted by the Creditor against the Purchaser.
    • (j) Ownership of the goods sold shall only pass to the Purchaser on receipt by the Creditor of all amounts owing by the Purchaser to the Creditor, whether arising from such sale or from any other transaction. Prior to payment of the aforesaid amount, ownership of the goods shall continue to vest in the Creditor.
  4. DELIVERY
    • (a) Unless otherwise specified, goods will be delivered as soon as possible after receipt of order, however, orders are accepted subject to delays due to availability of labour and/or materials or other causes beyond the Creditor's control and no liability whatsoever shall attach to the Creditor for failure to deliver the goods on due date.
    • (b) Time of delivery and availability are subject to alteration without prior notice.
    • (c) The Creditor shall not be liable for any damage or discrepancy of any nature upon delivery of the goods by its own transport, unless the delivery note is qualified and endorsed by the Purchaser or its duly authorised agent accordingly giving full details of such damage or discrepancy. Failing such qualification and endorsement the Purchaser shall take full responsibility for any damage or discrepancy regardless of whether or not the relevant delivery note is signed on behalf of the Purchaser. Where delivery notes are endorsed "not checked" or words to that effect, the Purchaser shall take full responsibility for any damage, discrepancy unless full written details of any damage or discrepancy reach the Creditor with 24 hours of the time of delivery.
    • (d) The Creditor shall not be liable for any damage of any nature when goods have been transported by carriers other than its own transport.
    • (e) It is specifically recorded that all risks in and to the goods shall pass to the Purchaser on delivery.
    • (f) The Creditor will not accept return of any goods unless by prior written consent and a 10% handling charge will be levied on returns.
    • (g) All goods are sold "voetstoots" and not complaint relating to the quality of the goods will be considered by the Creditor unless the Creditor has been notified of such complaints immediately upon delivery of the goods and full written details reach the Creditor within 7 days of delivery.
    • (h) The Creditor shall not be liable for damages, whether direct or indirect, consequential or otherwise as the result of any defect in the goods or delay in delivery or arising from any cause whatsoever.
  5. CARRIAGE
    • (a) Prices quoted to the Purchaser do not include delivery or carriage charges.
    • (b) When material is collected by the Purchaser from the Creditor the risk in and to the goods shall pass to the Purchaser on collection thereof.
    • (c) Where delivery and/or carriage is arranged by the Creditor, the mode of transport shall be at its option and may be either:
      • (i) by rail transport to the address stated on the Purchaser's order, and subject to the railway's conditions and charges which will be payable by the Purchaser; or
      • (ii) by road transport to the address stated on the Purchaser's order and which charges will be payable by the Purchaser
    • (d) The goods will be deemed to have been delivered when handed to a carrier in the usual course for conveyance.
    • (e) All costs of delivery shall be payable by the Purchaser.
    • (f) Off-loading of the goods from the Creditor road vehicles shall not exceed 2 hours and, in the event that this time period is exceeded, then demurrage will be charged to the Purchaser at the effective rate.
    • (g) Selection of the carrier shall be at the Creditor's discretion.
    • (h) No transport discount will be allowed on material collected from the Creditor's works, unless otherwise specified.
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