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All orders shall
be binding on the Customer, but the Company
reserves the right to withdraw from the order at
any time before the transport of the goods.
These conditions
form the sole contract between the Company and
the Customer and no variations thereof shall be
of any force or effect unless it is in writing
and signed by the Company and the Customer. No
amended, different or additional terms and
conditions that the Customer seeks to attach to
these conditions will be valid, and if any order
is submitted by the Company on stationary which
contains the Customer’s standard terms and
conditions of purchase, they shall not apply.
Each transport
job shall be deemed to be a separate contract in
respect of the goods forming the subject matter
of such job.
PRICES
1.
The prices shall be stated in the
Company’s order form or other stationary and
subject to confirmation by the Company prior to
transport of the goods.
2.
In the event of increased costs of a
statutory nature (eg. Fuel, licenses, permits
etc) prior to transportation, the Company
reserves the right to recalculate the price of
the contract proportionately and charge the
Customer accordingly. The Customer undertakes to
pay for the increased prices.
TRANSPORT
1.
Whilst every effort will be made to
deliver the goods as indicated on the order form
or other stationary, the Company does not
guarantee delivery on any specific date and
shall not be held liable for any damages for
failure to affect delivery for any reason
whatsoever.
2.
No claims will be recognized unless
submitted in writing by the Customer within
seven days of transportation. The Company shall
not be held responsible for any consequential
loss of whatever nature arising from any defect
in the transport.
3.
The Company reserves the right to enter
the Customer’s premises without prior notice to
remove the unit, should payment not be received
after 60 days from the date of statement.
PENALTIES
1.
An additional charge will be levied for
each hour that the Company’s vehicle is delayed
by the Customer.
PAYMENT TERMS
1.
Payment terms are strictly 30 days net
invoiced value from date of invoice.
2.
Interest at the current prime-lending
rate will be charged at the discretion of the
Company on overdue accounts.
3.
The Company shall have the right to
terminate forthwith any contract and / or claim
from the Customer. Immediate payment of any
monies owing to the Company by the Customer
under any contract, notwithstanding any earlier
arrangement for credit and whether same is due
for payment or not, if the Customer fails to pay
any amount due to the Company on due date
thereof; or is placed under a provisional or
final order of sequestration, liquidation or
Judicial Management; or commits any act of
insolvency; or enters into any compromise with
his / its creditors or fails to satisfy any
judgment; or changes the structure of its
ownership; or deviates from its former method of
trading.
LEGAL CHARGES
1.
In the event of the Company instructing
its attorneys to recover monies or goods from
the Customer, the Customer shall be liable for
and shall pay all legal costs incurred by the
Company Attorney and client scale including
collection commissions.
2.
At the discretion of the Company, any
claim against any Customer may be brought in any
Magistrate’s Court having jurisdiction,
notwithstanding that the amount of the claim may
exceed the jurisdiction of the Magistrate’s
Court.
GENERAL
1.
No relaxation which the Company may give
at any time in regard to the carrying out of the
Customer’s order in terms of any contract shall,
prejudice or waiver any of the Company’s rights
in terms of the contract.
2.
The contract of sale is between the
Company and the Customer as principals and shall
not be assigned or ceded by the Customer without
written consent of the Company. |