In these conditions of sale, unless inconsistent with the context:
A “The Supplier”, means OKE SOUTH AFRICA (Pty) Ltd.
B “The Customer”, means the buyer of the goods from the Supplier.
1. All quotations, all acceptances of The Customer’s orders and all sales by The Supplier are expressly limited to and made conditional upon The Customer’s acceptance of and assent to the standard terms and conditions of sale as set forth herein, notwithstanding that The Customer shall specify any additional or different provisions or conflicting oral representations by any agent or employee of the Supplier.
2. No concession, latitude, or indulgence allowed to The Customer by The Supplier shall be construed as a waiver or abandonment of any of The Supplier’s rights hereunder.
3. If any bona fide error of calculation, or otherwise, shall be made by the supplier in the quotation or confirmation of an order or contract, whether written or oral, same shall be rectified by The Supplier as soon as is reasonably possible and The Customer shall be obliged to pay The Supplier the amount as rectified by The Supplier.
4. All pricing is quoted transport inclusive in a 50km radius of The Supplier’s premises; thereafter The Customer is responsible for all delivery / freight charges. Export consignments are quoted F.O.B. Cape Town, South Africa.
5. The Supplier gives no guarantee or warranty as to the date or time of delivery of any goods and The Supplier shall not be liable in any manner whatsoever for any delay in the execution of services or production. The Supplier shall not be liable for any losses which may be sustained by The Customer in consequence of late deliveries or failure to deliver through any cause whatsoever and The Customer shall be obliged to accept delivery when tendered. The Customer shall not refuse or delay to take delivery.
6. The Supplier reserves the right to vary any order quantity by 10% either way. In this case The Customer shall accept the delivery as good and complete.
7. The Supplier is under no obligation to hold stock for The Customer unless prior arrangement has been made. Should The Customer discontinue the product / manufacturing agreement, The Customer agrees to take all stock of production on hand.
8. It is the responsibility of those to whom we supply our products to ensure that any proprietary rights and existing Laws and Legislation are observed.
9. The Supplier does not offer terms on production of customer moulds / dies. Tool fabrication will commence on receipt of a 60 % deposit, the balance becoming due on presentation of approved sample.
10. In respect of extrusion dies / tooling, unless otherwise stated, all payments for extrusion tooling will be considered a tooling cost contribution, with reference to an exclusive supply / manufacturing agreement of a specific product. The extrusion tooling in this instance remains the property of The Supplier.
11. Customers’ moulds / dies will be maintained / serviced for the duration of the production lifespan. The moulds / dies will be stored for a period of 3 years after the last production run. Should there be no production or communication from the customer after 3 years, the product and tool will be considered abandoned unless otherwise informed.
12. The Supplier does not insure customer’s moulds / dies kept on our premises, but should you require insurance, we can arrange it with our insurers at your cost.
13. Product information is based on our current knowledge and experience. In view of many factors that may affect product application, this data does not relieve processors from the responsibility of carrying out their own tests and experiments; neither does it imply any legally binding assurance of certain properties or of suitability for a specific purpose.
14. Under no circumstance shall The Supplier be liable for any consequential or indirect damages incurred by The Purchaser, including loss of profits, goodwill or business interruption.
15. Once an order has been accepted by the Supplier, the Customer shall not be entitled for any reason whatsoever to cancel or vary any order without the Supplier’s written consent.
16. Return of goods correctly supplied to order will not be accepted for credit.
17. Claims in respect of defective goods must be lodged with the company in writing within twenty - one (21) days of the receipt of the goods. The Suppliers liability shall be limited to the replacement of the defective goods and under no circumstances shall The Supplier be liable for any subsequent loss or damage incurred.
18. The Supplier accepts no responsibility for any defects in goods supplied to The Customer, which may have been subjected to any additional process after dispatch of the goods by the Supplier to The Customer.
19. Risk in the goods shall pass to The Customer on delivery but Ownership of any goods purchased shall remain vested in The Supplier until they shall have been paid for in full. All such goods shall be deemed to remain moveable property and severable without injury to such immovable property or other goods. The Supplier reserves the right to inform the end user of the premises in which any goods are installed, of its claim to ownership.
20. Payment terms are in advance for new customers. Customers can request a net 30-day account by completing our standard credit application. Any reference to credit limit in the credit application is purely for the purpose for granting credit and will not be binding in future. OKE SOUTH AFRICA (Pty) Ltd reserves the right to increase or decrease the credit limit according to the customers purchase history and / or credit record.
21. Payment for account holders to be received in full no later than 30 days from date of statement, unless prior arrangement has been negotiated with management, and must be made into this bank account: Account Name: OKE SOUTH AFRICA (Pty) Ltd, Bank: FNB Bank, Branch code 204709, Account No. 59230061770.
22. The Customer hereby consents to be liable to The Supplier for interest at the rate of 2% (two per centum) per month on all overdue amounts from date of default to date of payment and may result in the withdrawal of all credit facilities.
23. The Customer consents to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrates Court Act No.32 of 1994 (as amended), having jurisdiction under Section 28 of the said Act, notwithstanding that the claim exceeds the normal jurisdiction of the Magistrates Court Act as to the amount. The Supplier shall, at its discretion, be entitled to proceed against The Customer in any other court of competent jurisdiction, notwithstanding the aforegoing in all actions arising out of the sale of goods by The Supplier to The Customer.
24. In the event of The Supplier instructing it’s agents or attorneys to recover monies from The Customer or should The Customer breach this agreement in any way, The Customer shall be liable for and pay all administrative and legal costs incurred by The Supplier on the attorney’s own client scale, including collection commission and tracing agent fees.
25. The Customer agrees that The Supplier has the right of set off and shall be entitled but not obliged to use this right whenever monies are jointly owing and due between The Customer and Supplier.
26. Should The Customer breach any of the provisions of this agreement, or any other contract with The Supplier, or have any of its cheques returned unpaid by its bankers, then without prejudice to any of the rights of The Supplier against The Customer, The Supplier shall be entitled to terminate the credit agreement immediately. All amounts owing by The Customer to the Supplier whether or not due and payable shall immediately become due and payable in one sum on demand.
27. The Supplier at its discretion shall be entitled at any time in the future to alter the credit terms or require further security from The Customer. Credit facilities may be withdrawn by The Supplier at any time without prior notification, and the decision as to whether or not to grant credit facilities to The Customer as at the sole discretion of The Supplier.
28. For the purpose of any legal proceedings arising between The Supplier and The Customer, The Customer hereby chooses the physical address given on page one of the company credit application, as its domicilium citandi at exectandi, at which all notices, documents, and processes can be delivered/served.
29. The Customer hereby gives consent to The Supplier to:
29.1. Make any reasonable enquiries to verify and research any details provided by The Customer on the credit application form.
29.2. Perform a credit search and access the files of any credit bureau to ascertain The Customer’s credit profile when assessing
the application at any time during the currency of The Customer’s account with The Supplier.
29.3. Monitor The Customer’s payment patterns by researching its record at one or more of the credit bureaus.
29.4. Record the existence of The Customer’s account with any credit bureau.
30. The Customer acknowledges having read and understood all the terms & conditions and undertakes to adhere to as set out above; or to raise questions which require clarification.