TERMS AND CONDITIONS OF SALE
In these conditions “CC” means Central Circuits cc
The order constitutes the whole agreement between CC and the client, customer, buyer. No amendment thereof will be recognised unless authorised in writing by the Marketing Director , Operations Manager or General Manager of CC.
The order will be governed by and interpreted in accordance with South African Law.
These conditions are the sole conditions under which we sell and all orders are accepted and deliveries made subject to these standard conditions of sale. These conditions shall be deemed accepted on delivery.
Any conditions stipulated in the order, whether before or after order placement, which are in conflict with these conditions, will not be excepted and shall not be binding on CC, unless acceptance has been given in writing “only” by the management at CC.
Payment will be COD or cash in advance, unless the client has submitted a completed credit application for approval and has received an approved credit rating and account number at CC. No orders will be released to the client without CC receiving full payment and without proof of payment being received prior to delivery or collection. The terms of payment shall be full payment without retention or deduction to CC within 30 (thirty) days from date of invoice for all approved account holders at CC. CC reserves the right to withhold the execution or delivery of an order where any portion of an order has not been paid or where an account has been outstanding in excess of 60 (sixty) days.
The prices of goods shall be quoted to the client/ buyer by the Marketing Director/ Sales administrator, who is duly authorised to do so, in writing.
Prices are subject to change should the requirements of the quotation/enquiry request differ from that required on date of order. Prices are subject to change should the delivery lead time required on date of order; differ from the lead-time required on order placement.
Quotations submitted are subject to amendment by CC, confirmed in writing, should any additional labour, processes or requirements be necessary. The amended quotation shall be deemed “excepted” by the client/ buyer should no contrary notification be received in writing within three days of quotation/ order by the client/ buyer.
CC will make every effort to deliver the goods within the quoted lead-time, but failure to do so will not involve CC in any liability. CC will not be responsible for delays in delivery resulting from unforeseen breakdown of machinery, strikes, labour disputes, acts of God, unforeseen shortage of materials, delays in delivery caused by suppliers, transport delays, Government delays or customs clearance delays or any other cause beyond CC’s control.
The client/ buyer shall not be released from the order placed by reason of any delay, unless the delay is unduly prolonged. In this case the buyer or CC shall be entitled to cancel the order or the balance of any order without liability to the other.
CC reserves the right to make deliveries in part installments and the client/ buyer shall be obliged
to pay for any installment or part delivery.
The cost of delivery outside a 50km radius of the premises of CC will be for the client’s account,
unless agreed to in writing by both parties prior to delivery. The client is to use his or her own courier/
freight company for delivery outside of Gauteng at their own cost. CC will not be liable for damage,
loss or late delivery after the goods have left CC’s premises.
SHORTAGE OR DAMAGE
No claim for shortage or damage will be considered and CC shall not be liable unless the claim is received within 15 (fifteen) working days from the date of receipt of the goods by the client.
LIMITATION OF LIABILITY
Under no circumstances shall CC be liable for loss of the buyer’s profit or for any consequential or indirect damages, and under no circumstances shall CC be liable for any claim in excess of the purchase price of the goods.
BUYER’S WARRANTY AND INDEMNITY
The buyer warrants in our favour that any drawing, design, specification or description provided by the buyer to CC and in accordance with which any order is executed by CC shall not infringe the rights of any third party under any trademark, trade name, copyright, design or patent. The buyer hereby indemnifies CC and holds CC harmless against all actions, claims or damages and penalties arising out of any breach by the buyer of the aforesaid warranty.
Should the buyer amend or alter an order in any way, including the specifications of the order, CC shall be entitled to charge the client/ buyer for all costs incurred up to the stage of amendment of the order.
RISK AND OWNERSHIP
The risk in the goods shall pass to the client/ buyer on delivery to him, but ownership shall not pass to the client/ buyer until the full purchase price has been paid.
The client/ buyer shall provide CC with all the technical information, specifications and correct Gerber data and or correct customer supplied product. CC will ensure that contract review is performed on each enquiry and order, but it is the client’s responsibility to ensure that information supplied is correct. CC will not be held liable for faults arising out of incorrect specifications and/ or customer supplied product.
If the buyer fails to pay CC on the due date any sum owing by the buyer to CC, or commit a breach of any obligation owed to CC hereunder, or commit an act of insolvency, or if an application for the provisional or final liquidation or judicial management of the buyer or for the provisional or final sequestration or surrender of the estate by the buyer, is commenced, or if the buyer effects or attempts to effect a compromise with the buyer’s creditors or if CC at any time otherwise have cause to be dissatisfied with the buyer’s financial position, CC may, without prejudice to any other rights hereunder or under statute or common law either suspend further deliveries of goods sold by CC hereunder, require payment in advance for all or any such deliveries, or terminate any sale then subsisting between CC and the buyer forthwith by written notice to the buyer. CC shall also have the right to demand and enforce immediate payment for deliveries of goods already made, notwithstanding any earlier agreement for credit.
No variation or addition to these terms and conditions shall be binding to CC unless it is in writing and signed by the Senior Management at CC.
In the event that CC has to utilise the services of attorneys for the collection of any monies due or the return of any goods to CC by the buyer, or for any other reason arising out of these terms and conditions, then the buyer shall be liable for and herewith agrees to pay all CC’s costs so incurred by CC to the attorney including all collection commission.
As domicilium citandi and executandi for all purposes of the order, PSD selects it’s place of business situated at 19 Pieter Street, Highveld Technopark, Centurion 0157 and the buyer selects as its place of business the address as indicated on the order.
The buyer consents to the jurisdiction of the Magistrates Court in the event of any legal proceedings arising from the order.