WEBSITE

Our website is to be used by you strictly for browsing and learning more about our business, products and services i.e. as an online brochure. You are not permitted to commercially profit by "on-selling" our online services in any manner whatsoever and may not use the website for any purpose that is unlawful or prohibited by these terms and conditions.

Either we or our licensors own the intellectual property and all rights attached thereto for the contents of, and technology used to create and display, this website including the copyright in all information displayed on our website and the arrangement of the contents of this website. Intellectual property shall be given the widest possible meaning in interpreting this clause and shall include copyrights; trademark and trade name rights; domain name rights; trade secret rights and patents, designs and algorithms of whatever nature however known around the world including logos, distinctive marks and any other unique identifiable feature whether arising by operation of law, contract, licence, or otherwise, and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues now or hereafter in force.

You are granted a non-exclusive limited licence to view information upon our website and to use (display or print) short extracts of the information displayed on the website for your own non-commercial use only, provided the information is not modified by you and you shall be fully responsible for any consequences resulting from such use. Any other use of the information is prohibited. None of the information contained on this website may be reproduced, republished or re-disseminated or copied, transmitted or distributed in any manner or form without our prior written consent. We will take appropriate legal action to enforce our rights.

We will for internal market research and technical purposes collect and process data obtained from and/or about you in the course of your accessing our website. This information collection may include:Placing "cookies" on your computer which are very small digital files containing basic data which, amongst other things, identify you to us and obviate the need for you to enter certain information every time you visit our website.

We consider any information provided to us by you as confidential and will never share your information with third parties, outside of our company and its group, without your permission. We will, however, divulge your personal data to third parties, without notice to you, where compelled to do so by law or by a court or other judicial body of competent authority.

In accordance with the then prevailing South Africa's data protection legislation (currently the Promotion of Access to Information Act No. 2 of 2000), information, if any, on what data is held about you can be obtained by contacting us. Furthermore, in accordance with the then prevailing South Africa's data protection legislation, we reserve the right to charge a fee for providing any of the information that we hold on you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE SHALL NOT BE LIABLE FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING WHICH YOU MAY SUFFER, INCLUDING WITHOUT LIMITATION AND DIRECT, INDIRECT, SPECIAL, PUNITAVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS, LOSS OF INCOME OR PROFIT. LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.

The information and services included in or available on our website may include inaccuracies or typographical errors. We reserve the right to make improvements and / or changes to the website at any time and to withdraw access to the website at any time and for any reason.

We do not warrant that the website will be uninterrupted or error-free or that defects will be corrected.

The website is provided "as is" without warranty of any kind.

We reserve the right to amend or modify these terms and conditions at any time and for any reason.


CONDITIONS OF SALE

1. General
All contracts and orders as well as all tenders and quotations and all orders and/or contracts resulting therefrom are subject to the following conditions except where otherwise agreed to in writing by the Company.

2. Condition of Sale
Notwithstanding any contrary conditions made at any time by any clients these conditions of sale shall apply to all sales of goods by the Company.

3. Client to be Satisfied
Subject to the terms hereof the client shall be deemed to be satisfied as to and has accepted all the conditions, representations, warranties and circumstances affecting each order and contract.

4. Prices
4.1 The Company's listed prices are subject to alteration at any time without prior notice.
4.2 The prices quoted in estimates, specifications, acceptance of order or contracts are based on the quantities specified therein and the Company reserves the right to revise prices in the event of the quantities being reduced or increased.
4.3 All prices quoted by the Company are subject to exchange rates, duties, surcharge, freight and transport costs, and clearing agents charges ruling at the time. Any subsequent changes will be for the client's account, unless quoted as "fixed".
4.4 The Company takes great care in basing prices on the correct customs tariff. Should Customs however charge a different tariff to that used by the Company, the difference will be for the client's account, unless quoted as "fixed".
4.5 Should overseas suppliers increase their prices, the Company shall be entitled to pass on these increases to the client, unless quoted as "fixed".

5. Terms
5.1 In tenders and quotations all prices quoted exclude Value Added Tax unless otherwise stated. The Company's tender or quotation, unless otherwise agreed in writing, is open for acceptance within thirty days from date hereof.
5.2 Payment terms are payment before delivery unless otherwise agreed to in writing by the company.
5.3 If payment is not received by the Company on the specified date, the full invoiced amount is due immediately.
5.4 Payment will only be recognised once the money has been deposited into the Company's bank account.
5.5 All cheque payments to the Company are done at the Client's sole risk.
5.6 If delivery of the goods is to be made by instalments, then the Company shall be entitled to withhold delivery of any undelivered instalments until all money due in respect of any delivered instalments, has been paid in full.

6. Carriage
6.1 Unless otherwise specified, prices quoted are fixed.
6.2 All other delivery or transport costs by rail, road or air are for the client's account.

7. Delivery
7.1 Delivery times are estimated and confirmed as accurately as possible by our suppliers, and the Company will use its best endeavours to adhere to such estimated times. The period specified for delivery on the Company's quotation :
7.1.1 is exclusive of any period occupied in making, altering or adapting tools or in any experimental work connected with the same; and
7.1.2 shall commence from final settlement of details and specifications, and not from the date of order, tender or contract.
7.1.3 however, such estimates are based on the lead time we are given by our suppliers. Should any delays from the supplier for whatever reason, or for any other reason beyond the Company’s control take place, the Company shall not be liable for any costs incurred by the customer through such a delay.
7.2 Goods delivered by the Company shall be received, off-loaded, stored and protected by the client and thereafter shall be at the client's risk.

8. Warranties
No warranties or representations, express or implied or tacit whether by law, contract or otherwise and whether they induce the contract or not, which are not set forth herein shall be binding on the Company and the goods are purchased on the basis that they are taken “voetstoets” with the exclusion of all common law and other remedies, including aedilitian remedies.

9. End User
The suitability of the goods for the use contemplated by the client is the sole responsibility of the client, and the Company shall in no way be responsible for the suitability of the goods sold for any particular end use.

10. Variation
No variation of these conditions shall be binding on the Company unless such variation is agreed to in writing by the Company.

11. Damage, Storage or Loss in Transit
The Company does not accept responsibility for any damage, shortage or loss, unless either : 11.1 Damage or shortage is notified in writing both to the Company and to the carriers within 7 days of receipt of goods and the relevant waybills / consignment notes have been endorsed accordingly by the consignee.
11.2 Non-delivery (in the case of total loss) is notified both to the Company and to the carriers within 10 days of the date of despatch mentioned by the Company's advice note or invoice.

12. Defects
12.1 The Company will use its best endeavours to ensure that goods are supplied in working order to their specifications.
12.2 The Company shall not be liable for any express or implied warranties or representations, defects or delays and the Company shall have no liability whatsoever in respect of any defect in the goods whether of design workmanship or material or otherwise, and in particular the Company shall not be liable for any loss or damage whether arising directly or indirectly from any defect in the goods sold nor shall the Company be liable in any way whatsoever for loss of profits and/or consequential damages.

13. Return of Goods for Credit
13.1 Goods may only be returned for credit if authorized by the Company.
13.2 Should the Company consider accepting back goods for credit, while not obliged to do so, the Company must be notified by the client within 10 days of invoice date.
13.3 The Company shall be entitled at its discretion to charge a 10% handling charge on goods returned for credit.

14. Responsibility
It shall be the client's sole responsibility to make himself familiar with regulations which concern the use of the goods ordered, and the Company cannot be held responsible for any penalties or restrictions resulting from contravention of any Government or other regulation. All goods offered ex stock are offered subject to them being unsold on receipt of order.

15. No Cession or Assignment
No part of a tender or quotation or any order or contract arising therefrom may be ceded or assigned by the client without the prior consent in writing of the Company.

16. Tolerances
All goods will be made within manufacturing limits and tolerances which are reasonable in the trade but if special accuracy is required, the client must state maximum and minimum limits.

17. Force Majeure
Delays in or failure of performance by the Company shall not constitute default herein or give rise to claims for damages if and to the extent that such delay or failure is caused by force majeure which is defined herein as occurrences beyond the reasonable, practical, economic or business control of the Company, and which, by the exercise of reasonable diligence the Company would not normally have been able to prevent, including therein, but not by way of limitation, decrees of government, Act of God, strikes or other concerted act of workmen, fires, floods, explosions, riots, civil commotions, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons.

18. Termination
The Company shall be entitled to cancel any order and/or contract without prejudice to its right to claim damages for any loss or expense suffered by it whether caused directly or indirectly if the client after having been given 10 days written notice to make good any default :-

18.1 fails to adhere to any of these conditions; or
18.2 fails to make payment on due date of any money due by it.

19. Arbitration
Should any dispute or difference arise in connection with a tender or quotation or any order or contract arising therefrom or other interpretation then such dispute or difference shall be determined by arbitration and the Arbitration Act of 1965 shall apply.

20. Magistrate's Court Jurisdiction
The client and the Company agree that the Company shall be entitled, at its option, to institute any legal proceedings in connection with a tender or any contract arising out of it in the Magistrate's Court of the Republic of South Africa and the client hereby agrees and consents to such jurisdiction.

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