1. The Purchaser acknowledges that these Conditions of Sale shall be binding between the Seller and the Purchaser with regard to each contract of sale, or otherwise, concluded between them.
2. PASSING OF OWNERSHIP AND RISK
I) Ownership of any goods sold by the Seller to the Purchaser shall not pass to the Purchaser until payment of the full purchase price has been made.
II) The risk in and to the goods sold shall pass to the Purchaser on delivery thereof notwithstanding the reservation of ownership therein.
III) Unless otherwise agreed in writing, any Carrier shall be deemed to be the Agent of the Purchaser and the risk in the goods shall pass upon delivery to such Carrier.
I) Notification of any claim for delivery of defective goods must be given in writing and must be received by the Seller within 14 days from the date of delivery
II) Any claim in respect of defective goods shall be limited, in the discretion of the Seller, either to a credit passed in respect of the invoiced price thereof, or to the replacement of the defective item with the same item.
III) The Purchaser shall have no claim against the Seller for consequential or other damages, or otherwise, as result of the sale of defective goods. Furthermore, should any delivery of goods be made by the Seller after the agreed date of delivery, or after due date, or should the Seller be unable to make the delivery at all, then in any such event the Purchaser shall have no claim for consequential or other damages or otherwise, against the Seller arising therefrom.
4. CHANGES IN PRICE/SPECIFICATION
I) Where goods are ordered in advance, the Seller shall be entitled to deliver such goods pursuant to updated specifications and / or model changes applicable as at the date of deliver. Any claim which the Purchaser alleges the Purchaser has as a result of such delivery shall be limited to the passing of a credit or to the replacement of goods acceptable to the Purchaser.
II) Prices quoted by the Seller, (even if accepted by the Purchaser), shall be adjusted according to fluctuations in the cost of production incurred between date of contract and date of delivery. Such costs (which shall include the costs or raw materials, excise or custom duties, cost of labour or any similar cost) shall be applied pro rata to the goods in question. In case of any disagreement regarding any such increase in price, determination shall be referred to the accounting officer of the Seller whose determination (made as an expert and not as an arbitrator) shall be final and binding on the parties.
5. No extension of time or other indulgence that may be granted to the Purchaser by the Seller shall constitute a waiver of the Seller’s Rights in terms of this agreement. No Representative / Agent is authorized to vary any of the Conditions of Sale herein contained, whether given by him verbally or in writing. Any of the conditions of Sale may only be varied in writing by the duly authorized Representative of the Seller.