Sun Ace South Africa (Pty) Ltd Terms of Sale
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Risk:
The risk in the Goods passes to the Customer on delivery.
Title and Property:
a. Title and property in the Goods remains with Sun Ace and will not pass to the Customer until the Customer has paid to Sun Ace the price of the Goods, the cost of transportation, delivery and insurance in relation to the Goods and all other sums that are due and payable to Sun Ace by the Customer which are unpaid, unless otherwise stated in our quotation.
b. Unless title and property in the Goods has passed to the Customer, the Customer will not dispose of or purport to dispose of, any interest in the Goods, expect in the ordinary course of its business.
Storage:
Until title and property in the Goods has passed to, or the Goods are used by, the Customer in the ordinary course of its business, the Customer will ensure that
The Goods are: a. clearly identified as being owned by Sun Ace; and
b. stored at the place named in the delivery docket which accompanied the Goods.
Inspection:
The Customer irrevocably authorises and licences Sun Ace to enter any premises owned or occupied by the Customer, or any other place where the Goods are stored, to inspect or retake possession of the Goods in accordance with these terms and conditions.
Default:
If: a. the Customer fails to pay the purchase price for the Goods, or any other money payable to Sun Ace, when it is due and payable;
b. the Customer breaches any of these terms and conditions;
c. where the Customer is a company: a Receiver of Receiver and Manager is appointed over some or all of the assets of the customer; an application to wind up the Customer is made; it proposed or enters into a
compromise, scheme of arrangement with any of its creditors or it proposes or effects the appointed of an
administrator; or
d. the Customer loses possession or control of any of the Goods which have not been paid for;
the Customer shall not dispose of any of the Goods and Sun Ace may, and the Customer shall allow Sun Ace to, take possession of the Goods.
Payment:
Unless otherwise agreed in writing by Sun Ace and the Customer, payment is to be made within thirty (30) days of the date of this statement.
Quantity:
Unless otherwise agreed in writing by Sun Ace and the Customer, the weight of quantity of the Goods delivered by Sun Ace to the Customer, may vary by not more than 10% from the weight or quantity ordered. The price for the Goods delivered shall be adjusted so as the reflect the variance (if any) from the quantity of Goods ordered.
Delivery:
Sun Ace will make all reasonable efforts to deliver the Goods to the Customer on the Delivery Date. However, Sun Ace is not liable (and it is released by the Customer from any liability) for any loss or damage suffered should delivery not occur on the Delivery Date at all.
Limitation of Liability:
a. To the extent permitted by law, all terms, conditions, warranties or undertakings (whether expressed or implied, statutory or otherwise) relating to the Goods or their sale are excluded.
b. To the extent permitted by law, Sun Ace limits its liability, for breach of any warranty or any other statutory right implied by any of those Acts which cannot be excluded, to any one of the following, as determined by Sun Ace:
i. the replacement of Goods or the supply of an equivalent good; or
ii. the payment of the cost of replacing the Goods or acquiring an equivalent good.
c. The Customer shall store and handle the Goods in accordance with all local and national laws and regulations relating to health, safety and environment, and will permit Sun Ace and its representatives to enter all premises where the Goods are stored so as to enable Sun Ace to inspect how the Customer stores and handles the Goods.
Force Majeure:
If Sun Ace becomes unable by force majeure to carry out any obligation, in whole or in part, placed on it by these Terms & Conditions, that obligation so far as it is affected by the force majeure will be suspended during the period force majeure continues.
Jurisdiction:
This agreement is covered by the laws of South Africa and the Customer agrees that it will submit to the jurisdiction of the courts of that country.
Interpretation:
A reference to:
“Force Majeure” means an act, event of cause (other than lack of funds) which is beyond the reasonable control of Sun Ace, including act of God, peril of the sea, accident of navigation, war, sabotage, riot, civil commotion, national emergency, martial law, fire, lightning, flood, storm, tempest, earthquake, explosion, strike or other labour difficulty, action or inaction of a government or other competent authority, breakdown of plant, machinery or equipment, shortage of labour, transportation, fuel, power, equipment or material.
“Delivery Date” means the date set out in the invoice for delivery of the Goods;
“Goods” means the goods set out in this invoice;
“Sun Ace” means the person or company who supplied the Goods; and
“the Customer” means the person or company who purchased the Goods.
We the undersigned duly authorised by the customer confirm acceptance to the above mentioned terms and conditions of sale.
__________________________ __________________________
PRINT NAME & ID NUMBER PRINT NAME & ID NUMBER
__________________________ __________________________
AUTHORISED SIGNATURE AUTHORISED SIGNATURE
The signatories acknowledge that they are duly authorised to sign this document on behalf of the customer.
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