T&C

STANDARD TRADING CONDITIONS

DEFINITION

The person, firm, company or close corporation purchasing goods in hereafter termed “The DEBTOR” and lnsimbi Alloy Supplies Proprietary Limited “The CREDITOR”.

2     LEGAL CONSTRAINTS

  • No terms or conditions appearing in any of the DEBTOR’S documents, including the DEBTOR’S purchase order, which are at variance with these conditions, shall be binding upon the CREDITOR.
  • No alteration or variation of these conditions shall apply either at the time a sale is concluded or at any time thereafter, unless the alterations or variation in question have been expressly agreed to in writing by the CREDITOR.

3   OWNERSHIP

Notwithstanding the delivery of any goods to the DEBTOR, ownership of such goods shall not pass until the CREDITOR has received full payment.

4  CREDIT TERMS AND DISCOUNTS

  • Unless stated to the contrary as per point 2.2 above, the DEBTOR acknowledges that the credit terms granted are strictly 30 days from date of statement.
  • If any discount is agreed by the CREDITOR it shall only be allowed if payment is received by the CREDITOR by the due date.
  • Credit terms may be withdrawn by the CREDITOR at any time without prior notice and the CREDITOR reserves the right to review the extent, nature and duration of such facilities at all

5 DEFAULT

  • If any amount owed by the DEBTOR to the CREDITOR is not paid on due date, then all amounts owed to the CREDITOR by the DEBTOR shall become due and payable and any discount which the DEBTOR may have entitled to claim, shall be
  • Should any amount owing not be paid on due date, as per paragraph 4.1, the DEBTOR shall be liable to pay interest in respect of amount unpaid as at the due date at the maximum rate prescribed by the Usary Act as amended from due date of payment calculated and payable monthly in advance, and should the said interest not be paid in full as aforesaid the same shall be added to the principal sum, and the total shall form the principal debt which shall bear interest in the manner set herein.
  • Should payment not be received on time the CREDITOR reserves the right to retake

possession of the CREDITOR’s goods in respect of which ownership has not passed to the DEBTOR.

  • If the CREDITOR should have reason to instruct its Attorneys with regard to any claim against the DEBTOR then the DEBTOR shall be obliged to pay all such Attonerys’ costs o n the same scale as between attorney and own client, including collection
  • The DEBTOR hereby agrees and consents that the CREDITOR shall be entitled at the CREDITORS option to substitute any legal proceedings which might arise out of or in connection with any transaction between the parties in any magistrate’s court in the Republic of South Africa having jurisdiction in respect of the DEBTOR notwithstanding that the claim or value in dispute might exceed the jurisdiction of such magistrate’s court
  • A certificate by any of the directors of the CREDITOR showing the total amount due and owing by the DEBTOR at any given time shall be conclusive proof of the amount due by the DEBTOR to the CREDITOR for the purpose of all legal proceedings against the DEBTOR for the recovery of the amount due by the DEBTOR to the
  • The DEBTOR acknowledges the CREDITOR shall be entitled in the entire discretion to appropriate any payment made by the DEBTOR to any part of the CREDITORS account.

6     DOMICILIUM

The DEBTOR hereby selects and nominates the address stated in the Application for the Credit Facilities paragraph 5 as its domicilium citandi et executandi for service upon us of all notice and processes in connection with any claim arising out of the credit facilities to the DEBTOR.

7    GENERAL

  • The CREDITOR shall be exempted from and shall not be liable under any circumstances whatsoever and the DEBTOR shall have no claims of whatsoever nature and howsoever arising for:
    • Any damages of any nature of any loss of profit which the DEBTOR may suffer as a result of any breach by the CREDITOR of any of its obligations of whatsoever nature of howsoever arising out of the use of the goods.
    • Any negligence of whatsoever nature and howsoever arising on the part of the CREDITOR, any of its employees, its servants, its agents, its subcontractors or any person whatsoever, in carrying out any of its/their obligations.
  • The CREDITOR’s liability in respect of any claim based upon defective goods is limited to replacing such goods  as  against  the  return  to  it  of  the  defective
  • Save for any express warranty or guarantee by the CREDITOR to the DEBTOR in writing, the DEBTOR agrees:
    • That no warranty or guarantee whether express or implied against latent defects or in respect of the fitness of the goods for any particular purpose has been given by the CREDITOR whether  or  not  that  purpose  is  known  to  the
    • That no representations have been made by the CREDITOR, any of its employees, servants, agents, subcontractors or any person in respect of the fitness of the goods for any particular purpose whether or not that purpose is known to the CREDITOR and no representation of the whatsoever nature which has been made by the CREDITOR or any of its employees,servants, agents, subcontractors or any person shall be binding on the CREDITOR whose authority shall be in writing and signed by at least one director of the
    • That any advise or assistance of whatsoever nature of howsoever arising given by the CREDITOR or any of its employees, servants, agents, subcontractors or any person, as to which the goods may be put shall not give rise to any claim of whatsoever nature against the CREDITOR.
    • That no claim to whatsoever nature shall lie against the CREDITOR as a result of the goods being put to a use to which they are not suited.
    • To indemnify the CREDITOR as it hereby does against all or any claims of whatever nature which may be made against the CREDITOR by any person arising out of the use of the goods.
  • To the extent that the entire provisions of 1, 7.2 and 7.3 above may not relate to any

installation of whatsoever nature performed by the CREDITOR, any of its employees, servants, agents, subcontractors or any person, for the DEBTOR the entire provisions of 7.1, 7.2 and 7.3 above shall apply mutatis mutandis to any installation performed by the CREDITOR, any of its employees, servants, agents, subcontractors or any person in respect of  an  installation  as  contemplated  in  terms  of  the  provisions  of  this  clause.

  • Claims for shortages and/or transit damages must be made immediately upon receipt of the product and no claim will be entertained unless written notice thereof is communicated to us within 14 (fourteen) days of the receipt of the product.