In any
contract that may arise out of our quotations, customers will be deemed to
have ordered subject to the following standard conditions and recognised
customs of the Printing Industry in South Africa unless otherwise agreed
in writing.
The
Customer shall pay for any Preliminary Work, Artwork and
Typesetting which is produced at his request, whether
experimentally or otherwise, and is not included in the quoted price.
All
prices quoted are strictly net and, unless otherwise stated, are F.O.R.
Cape Town.
Any
Value Added Tax which might be applicable, is not included in our
quotation, will be charged extra.
The
articles as specified herein remain the property of the seller under
all circumstances until the full purchase price and interest charges,
if any, are paid in full.
The
terms stated herein constitute the full terms and conditions relating
to this transaction. Any amendment will only be of legal force and
effect if signed by both parties.
The
South African Railways, the Post Office and/or any other person
delivering goods in terms of the order shall be the purchaser's agent
for all matters relating to this order.
Should
payment for the goods as per Invoice not be received within the agreed
credit period, the company will levy a monthly charge based on the
Prime Bank Overdraft rate in force at the time.
Due to
the fluctuation of world currencies and duties affecting the landed
cost of imported materials, prices quoted are subject to any variance
brought about by either or both of these conditions.
Goods
will be despatched or must be collected by customer when ready
and customer shall not refuse or delay to take delivery.
Payment is due when goods are ready for despatch or collection.
Complaints
and Claims will only be entertained if received by the
manufacturer in writing within THIRTY DAYS of delivery.
Any
contract is subject to cancellation or to variation by reason of Force
Majeure from any and every cause whatsoever beyond the company's
control including inter alia, inability to secure labour,
materials, power of supplies, or by reason of Act of God, War, Civil
Disturbances, Riot, State of Emergency, Strike, Lockout or other
Labour Dispute, Fire, Flood, Drought or Legislation.
The
manufacturer may recover from the customer any increase in cost of
production, which occurs between the acceptance and execution of
any order.
The
manufacturer shall not be required to work to tolerance closer than
those applicable to the materials obtained by him in the ordinary
course of trade. No liability shall arise from variations in the
standard, quality and performance of such materials.
It is
the sole responsibility of the customer to determine whether the goods
ordered by him are suitable for the purpose for which he intends using
them. The manufacturer shall not be liable for any direct, indirect,
consequential or other loss including loss to Third Parties, arising
out of errors in carrying out a contract, or by delay in delivery or
by unsuitability of goods for use as intended.
When
payment is overdue the manufacturer may suspend deliveries without
notice and without prejudice to any other legal remedy until due
payment has been made. Furthermore any monies in respect of goods
completed but not delivered shall thereupon forthwith become due and
payable. Moreover after the expiration of FOURTEEN DAYS NOTICE the
manufacturer may exercise a general lien on all customer's
goods and property in his hands and may dispose of such goods and
property as he sees fit and apply the proceeds towards such debs. The
manufacturer may also elect to cancel and not to produce any unmade
balance of such contract and recover from the customer any loss
sustained by so doing.
An order
once placed, cannot be cancelled once production has commenced.