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For the purpose of interpreting these Conditions of Manufacture and Sale (“the Conditions”), “the Seller” means Slavepak (Pty) Limited or any of its subsidiaries, and “the Purchaser” is the Applicant in the “Application for Credit” or any of its lawful representatives. The Conditions are appended to the Application for Credit.
The Grant of Credit to the Purchaser
The Purchaser is aware that it is necessary for the Seller to make the customary business enquiries to ascertain the Seller’s credit worthiness before deciding to grant credit to the Purchaser. Such investigations will include having reference to the Purchaser’s credit references, credit bureau reports and financial statements as well as such other enquiries as may be necessary to determine the Purchaser’s credit worthiness.
The Seller will keep such information in its internal systems but will not infringe the Purchaser’s right to privacy in regard to these investigations.
The Purchaser will, insofar as is reasonably necessary to obtain the required information, assist the Seller in these enquiries.
The Purchaser undertakes to advise the Seller in writing if any occurrence occurs in the future which could negatively affects its credit worthiness.
The Purchaser will advise the Seller when its turnover or asset value exceeds R2,000,000.00.
Purchase and Pricing
A purchase transaction is concluded either on the Seller’s acceptance of the Purchaser’s order or on the Purchaser’s acceptance of the Seller’s written quotation. As the costs of material, labour, imports and the like are subject to variation, a quotation given by the Seller is valid for 30 (thirty) days only. Prices quoted are exclusive of Value Added Tax.
Unless there is an endorsement contained to the contrary, payment for goods purchased or services rendered by the Seller are to be made by the Purchaser within 30 (thirty) days of statement date, on which date the amounts owing shall become due and payable.
If the Purchaser is in breach of paragraph 3.2 hereof, the Seller may, without notice to the Purchaser and without prejudice to any of its rights in law, suspend or cease supply of goods to the Purchaser until such time as the Purchaser’s default is remedied.
Delivery
The Seller will use its best endeavours to deliver goods bought by the Purchaser or manufactured for it, within a reasonable time after such purchase or manufacture. Delivery, however, is reliant on several circumstances beyond the Seller’s control and the Seller accordingly cannot guarantee an exact date of delivery or accept liability as a result of non or incomplete delivery.
The Seller may, in its election, add the cost for the delivery of goods to the Purchaser’s account and the Purchaser undertakes to pay those charges in accordance with paragraph 3.2 hereof.
Return of Goods Bought
The Purchaser may return any goods to the Seller which are defective in manufacture but not which are defective by virtue of the Purchaser’s misuse or abuse of the goods.
The Purchaser may return goods also where the Purchaser has rejected delivery of the goods for reasons of quality and compliance with order or where goods ordered for a particular purpose are within 10 (ten) business days after delivery found to be unsuitable for that particular purpose.
The Purchaser is aware that there is a cost to the Seller in accepting returned goods and that this cost will vary upon, amongst others, the following conditions:-
whether the goods are in their original condition and returned in their original packing;
whether the goods were used whilst they were in the Purchaser’s possession;
the re-stocking, storage and re-sale of the goods; and
The inspection of returned goods.
The Purchaser agrees that the Seller may, having regard to these costs, levy a reasonable handling charge for returned goods.
Ownership
The Seller will remain the owner of goods bought from it by the Purchaser until the Purchaser has paid for those goods in full.
The Seller acknowledges however, that the Purchaser has bought the goods with the intention of re-selling them. The Seller’s right to ownership, even if the goods are not paid for, is divested on their sale to a third party.
Manufacture
In circumstances where goods purchased by the Purchaser are specially manufactured for it by the Seller :-
the Seller will manufacture the goods strictly in accordance with the Purchaser’s instruction. The Seller therefore cannot be held responsible if the Purchaser’s instruction infringes any patent copyright or design belonging to any third party in the manufacture of such goods. The Purchaser accordingly will compensate the Seller if the Seller is found liable in any claim brought against it by a third party as a result of such an infringement and undertakes to immediately pay the Seller as compensation the amount to which the Seller is out of pocket (including legal costs) as a result of such proceedings;
if it is necessary for the Seller to acquire or construct any equipment to produce goods manufactured for the Purchaser (such as jigs, dies, tools, moulds, printing blocks and plates and electrodes), the Seller will acquire that equipment at its own cost but such equipment will then be the Seller’s property;
The manufacturing process is such that manufacture may fall short of or exceed the Purchaser’s order by up to 5% (five percent). The Purchaser will accept and pay for the goods supplied with this variance taken into account.
the Seller reserves it’s right to incorporate any insignia, logo, serial number or trademark as is customary or necessary for product and mould identification on goods manufactured for the Purchaser.
General
The Seller and Purchaser agree that each will be liable for the costs of the successful party in any litigation on the attorney and own client scale.
If the Seller, in an endeavour to assist the Purchaser, does not avail itself of the legal rights then available to it, such act of assistance is not a waiver of the Seller’s legal rights in any manner and the Seller may at any time thereafter enforce such rights as if the assistance had not been granted.
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