Terms and Conditions Per Quotation

  • Payment terms are 30 days nett from the date of invoice for approved accounts, otherwise COD.
  • Cash Customers – A 50% deposit will be required on placement of order and the balance will be due on delivery.
  • Please ensure that all part numbers quoted are correct, any return costs will be for the Purchaser’s account.
  • Returned goods correctly supplied will be subject to a handling charge of 20%
  • Cancellation of orders will be subject to a cancellation fee of up to 100%
  • Ownership of the goods supplied will vest with the Seller unitl the purchase price, inclusive of VAT, has been paid in full by the Purchaser.
  • Errors and omission are explicitly excluded from his offer.
  • Risk in the goods will pass from the Seller to the Purchaser on delivery thereof.
  • On acceptance of this offer the Purchaser agrees to all terms and conditions, copies are available on request.

Terms and Conditions of Sale

DEFINITIONS

In these conditions:

“Company” means Redland Engineering cc;
“Customer” means the other contracting party;
“Products” means all the goods supplied by the Company under the Contract;
“Services” means all the services supplied by the Company in relation to the Products;
“Order” means the order placed by the Customer with the Company for the Products and/or Services;
“Contract” means an Order accepted by the Company (in writing);
“Total Contract Price” means the aggregate price of all the Products and/or Services (excluding value added taxes) supplied by the Company under the Contract;
“Specification” means the Company’s Specification for the Products';

QUOTATION

All quotations shall be subject to these conditions and unless otherwise stated or unless withdrawn by the Company, shall be valid for a period of thirty (30) days from the date of the quotation. The quotation is not an offer to proceed and the Customer is required to place a written Order with the Company using the same reference as on the quotation.

PRECEDENCE OF THESE CONDITIONS

The Customer agrees that the Order fully specifies its requirements for Products and/or Services and unless agreed to by the Company in writing shall be deemed to be placed subject to these conditions notwithstanding anything to the contrary contained in or referred to on the Order. The Order shall not be binding on the Company until specifically accepted in writing.

PRICES

Unless otherwise stated, all prices are strictly net, and are for delivery to site in the mainland of Republic of South Africa .

PAYMENT

* RSA Customers

Unless otherwise agreed, payment is to be made against the Company’s tax invoice and payment shall be net cash within thirty (30) days of the date of tax invoice.
* Cash Sale

A 50% deposit will be required on placement of order and the balance will be due on delivery.
*Payment of Interest.

Any sums not paid on the due date shall be subject to an interest charge at the rate equal to 12% above prime overdraft rate of the ABSA Bank of South Africa Limited, per annum compounded monthly on all amounts overdue until payment thereof such to run from day to day and to accrue after as well as before any judgemen.

SET-OFF

In the event that either:

(a) the Customer has not paid any sum or sums which are due and payable to the Company; or

(b) the Company has not paid any sum or sums which are due or about to be due and payable to the Customer for any reason;the Company shall have the right at its sole discretion to reduce the Customer’sindebtedness referred to in sub-clause (a) above by setting off against suchindebtedness any sums due and payable to the Customer by any Group company or reduce the Company’s indebtedness referred to in sub-clause (b) above by setting-off against such indebtedness any sums due and payable by the Customer to any Group company.

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DELIVERY AND RISK

(a) Subject to the following sub-clauses of this clause 8, all risks shall pass to the Customer upon delivery.

(b) Unless otherwise specified, delivery shall be deemed to take place when the Products have been delivered to the Customer’s premises or other specified delivery point in the Republic of South Africa, to the Customer’s carrier if to be collected or FCA South African airport/port if for dispatch overseas.

(c) All dates and times specified to the Customer for delivery and installation of the Products or the provision of Services are estimates only and the Company shall not have liability for delay or for any damages or losses sustained by the Customer as a result of such dates or times not being met. The customer shall not be entitled to refuse acceptance of the Products or Services as a consequence of such delay.

(d) The Company may in its absolute discretion withhold delivery of the Products and/or supply of the Services pending payment of any sum due from theCustomer either to the Company or to any Group company.

(e) If the Customer does not accept delivery of a consignment of Products inaccordance with the Contract then:

(i) the Company shall be entitled to claim payment in accordance withclause 6 above for the Products refused; and

(ii) the Products refused shall be in all respects at the Customer’s risk; and

(iii) the cost of storing the products shall be borne by the Customer; and

(iv) if such failure to accept delivery continues for more than ten days, the Company shall have the right to terminate the Contract pursuant to clause 18 below.

DAMAGE OR LOSS IN TRANSIT

The Company will at its discretion either refund the cost or replace or repair free of charge any Products proved to the Company’s satisfaction to have been lost or damaged in transit up to the moment of delivery provided that within three (3) days of receipt of the Products in the case of damage or within ten (10) days of the date of theinvoice or advice note or equivalent notice whether oral or written in the case of loss,the Customer notifies both the carrier and the Company in writing of the nature andextent of the damage or loss. The Company accepts no liability for delay in transit. Unless the Products are checked on receipt, the carriers documentation should be endorsed “unexamined”.

SPECIFICATION

(a) The Products will be supplied generally in accordance with the Specification. The Company’s policy is one of continuous development and consequently the Specification may vary from time to time. The Company will not accept liability for the Products in respect of variations from the Specification except where any variation from the Specification is material.

(b) Descriptions and illustrations contained in Company catalogues shall not form part of the Contract.

(c) All specifications, drawings and technical descriptions submitted with or in connection with any quotation or acknowledgement of the Company are the Company’s copyright.

WARRANTY

(a) Any Products which are found to the Company’s satisfaction to be defective as a result of faulty design, manufacture or workmanship will at the sole discretion of the Company either be replaced free of charge or repaired free of charge provided that:

(i) the Products (or samples thereof showing the alleged defects) are returned properly packed carriage paid to the Company’s works in the Republic of South Africa at the Customer’s risk within 12 months from the date of delivery as defined in clause 8 above, and

(ii) the Products have not been misused, mishandled, overloaded, amended, modified or repaired in any way by the Customer, its servants or agents, or used for any purpose other than that for which they were designed, and

(iii) if the Products have been manufactured to the Customer’s design the defects are not as a result of faulty design of the Customer.

(b) If the Customer wishes to return any Products, the Customer shall notify the Company thereof within 14 days of delivery of those Products, failing which the Customer shall not be entitled to return any of those Products to the Company and the Customer shall have no further claim against the Company in respect of those Products.

CUSTOMER ACKNOWLEDGEMENT

The Customer acknowledges and agrees that

(a) it is responsible for the operation of the Products and should ensure that they are used safely and that it should use, maintain, store and keep the Products in accordance with any instructions, user handbook or other form of guidance relating to them; and

(b) it would be prudent for the Customer to insure against all loss or damage the Customer may suffer as result of the Company’s acts or omissions whether negligent or not on the basis that the Company’s potential liability hereunder might otherwise be disproportionate to the Total Contract Price.

LIABILITY

(a) The warranty given in clause 13 above is the only warranty given by the Company and otherwise this clause 15 specifies the entire liability of the Company including liability for negligence and in particular but without limitation all statutory or other express, implied or collateral terms, conditions or warranties are excluded.

(b) The Company shall not be under any liability (including liability for negligence) for any loss or damage or injury to the Customer whatsoever, no matter when or how arising, out of the Products or Services or otherwise, whether direct or indirect, consequential or contingent and whether foreseeable or not and in particular shall not be liable for financial loss or loss of profits, contracts,business, anticipated savings, use or goodwill.

EXCUSABLE EVENTS

The Company shall be under no liability to the Customer for any breach of any provision hereof or failure on its part to perform any obligation as a result of acts of God, war (whether declared or not), sabotage, riot, explosion, Government control, restrictions or prohibitions or any other Government act or omission whether local or national, fire, accident, earthquake, storm, flood, epidemic, drought, or other natural catastrophes, inability to obtain equipment, suitable raw materials, components, fuel,power or transportation, disputes with workmen, strikes or lockouts, shortage of labour or any cause beyond the control of the Company and the Company will notify the Customer if affected by any of the causes referred to in this sub-clause. In the event that the Company is unable to perform its obligations under the Contract by reason of any of the causes referred to above for a period of six months or more, then either party may at any time after the expiration of such six month period terminate the Contract by written notice.

AMENDMENTS OR CANCELLATIONS

Once accepted by the Company no Order can be amended or cancelled except with the Company’s written approval and upon terms, which indemnify the Company against any loss of profit or additional costs resulting therefrom.

*Returned goods correctly supplied will be subject to a handling charge of 20%. Cancellation of orders will be subject to a cancellation fee of up to 100%.

TAXES

Orders for Supply within the Republic of South Africa. All prices are exclusive of Value Added Tax which will be shown separately on quotations and invoices and will be charged at the rate current at the date of invoice.