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a)
The price quoted
it net cash unless otherwise stated on the order and
payment is immediately against delivery.
b) The contract price stipulated
on the order is based on ruling prices. Should ruling
pries increase as a result of increased insurance
rates, shipping charges, or freight rates, custom
duties, sales tax, the rate of exchange between the
time of the order and the date of delivery, the buyer
accepts that the order price be increased accordingly.
c) The seller may, at its own discretion,
reject the buyer’s application for leasing of
equipment. In such event the order will be treated
as on order for cash on delivery. Alternatively for
an order in terms of the Credit Agreements Act, as
amended subject to the terms of the Sellers Standard
Credit Agreement.
d) All payments due hereunder by
the buyer shall be made to the seller at its registered
offices, free of exchange.
e) Only the seller’s official
receipts shall be proof of payment.
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Notwithstanding delivery, ownership
of the goods shall at all time remain vested in the
seller, unless the full price shall have been paid.
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a)
Delivery cannot be guaranteed for any specific date
or with any specific period is not a condition or
essential term of this order.
b) Delivery to the buyer by rail,
airfreight or such other like method shall be deemed
to be the agent of the buyer if not delivered direct
by the seller.
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a) The buyer
acknowledges that the seller and/or duly authorized
representatives have given no guarantee of whatsoever
nature other than those specified in this order as
specified in writing.
b) The buyer confirms that the order
is in every respect correct and that the signatory
for, and on behalf of the buyer personally guarantees
his authority to contract on behalf of the buyer.
c) The warrantee will be void if
the serial number label is tampered with or missing.
d) The warrantee will be void if
a power surge, lightning, water ingress, pests, rodents
and all Acts of GOD damage the product.
e) Goods being returned for repairs
must be returned in the original packaging and with
a copy of the original invoice with a full written
report of the problem being experienced. Freight charges
are strictly for the buyers account at all times.
f) Software and retail packaged peripherals
will not be credited or refunded if opened or installed.
g) Returns or notifications of return
in writing taking place within 7 days of the date
of invoice will incur a handling fee of 25 % and a
credit or refund to the value of 75%. (This credit
or refund will be based on either the current selling
price, or the original invoiced amount, whichever
is the lowest; providing the goods are returned in
original condition, with the original packaging
h) We regret that we cannot issue
any credits or refunds for goods returned after 10
days of invoicing.
i) The Company does not warrantee
all of the consumables available. Furthermore consumables
in general carry a 14-day warrantee.
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| Should the
customer default in the due and timeous payment of the
price of any amounts hereunder; - |
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a)
The seller shall be entitled without prejudice to
any rights available to in Law, to remove the goods
and the seller shall not be responsible for any damage
occasioned in removing the goods, including any damage
negligently caused.
b) The customers indebtedness shall
bear finance charges, which shall be, capitalized
monthly in advance in accordance with the limitation
and disclosure of Finance Charges Act as amended.
c) In the event of the seller instructing
its attorneys to collect such overdue amounts, or
to take any such action as a result of such defaults,
all legal fees and collection charges, both as between
attorney and client shall be borne by the customer,
and all payments made thereafter shall be allocated
firstly to the payment of such legal charges, thereafter
finance charges and finally capital.
d) The customers failure to inform
the seller in writing by prepaid registered post within
five (5) days of delivery date, as to any defect shall
be deemed to constitute the buyers acknowledgement
that the goods have been delivered in accordance with
the conditions of this order, and to the satisfaction
of the buyer.
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| As from the
date of dispatch for delivery, the equipment shall be
the sole and exclusive risk of the buyer. The seller shall
not be liable for any indirect or consequential loss of
the equipment. |
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| The seller
shall insure the equipment sold under a credit agreement
with an insurance company nominated and acceptable to
the seller on an “ALL RISKS” insurance policy,
the cost of which shall be borne by the buyer. The buyer
shall be obliged to pay such costs within thirty (30)
days of invoice. |
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| The buyer shall |
a) Keep the
equipment in his custody or at such other place as
may be approved of in terms of sub-paragraph (b)
b) Obtain the written consent of
the seller or any cessionary, before removing the
equipment from the premises referred to in (a).
c) Notify the seller in writing,
by registered letter addressed to the seller at its
address being Lot 22 Offices 1-3 Zelmey Centre, Ngwane
Road, Manzini, at least fourteen (14) days prior to:
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1. Any change in the buyer’s private or business
address.
2. Any change in the address of the premises where
the equipment is kept.
d) Notify the seller in writing of
the name and address on the landlord of the premises
where the equipment is kept, and the buyer shall notify
the seller of any change of the name and address of
the landlord of such premises within fourteen (14)
days of such change.
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| The seller
shall have the right to sell, assign or cede to any person
and any of its rights or obligations this agreement, and
in such event the buyer agrees to accept such purchaser,
assignee or cessionary in place of the seller. |
| The buyer chooses
his domicilium citandi et executandi his business address
appearing on Schedule “A” of this agreement
for the service of all legal processes arising out of
this agreement. |
| The parties
hereto consent to the jurisdiction of the Magistrates
Court for any action that may arise out of this order. |
a)
The parties acknowledge that the agreement constitutes
the entire agreement between them, and that there
were no terms, conditions, stipulations, warrantees
or representations whatsoever which have been made
by any of the parties or agents other than such as
are included herein and all other terms, conditions,
stipulations, warrantees or representations are hereby
expressly excluded.
b) All variations to this agreement
shall be ineffective unless reduced to writing and
signed by the parties or by their duly authorized
agents acting on their written authority.
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a)
Each of the above clauses and sub-clauses are separate
and distinct from each other
b) In the event of any one clause
or sub-clause been invalid then this shall not be
deemed to invalidate the rest of this agreement, and
such clause or sup-clause shall be capable of being
severed from the remainder of the agreement.
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| It is recorded
that where the equipment sold is electronically operated,
it requires an unimpeded and regular electricity supply,
and the avoidance of variations in temperature. The purchaser
shall ensure that the electricity supply is unimpeded
and regular and that the unit is operated in a clean environment,
and in conditions of constant temperature and sufficient
ventilation. The seller shall not be responsible for any
failure, loss or damage arising out of the above cause.
The buyer will allow only the equipment to be operated
from the 15-amp outlet; double adaptors shall not be used.
It is highly advised to install a UPS with AVR to any
electrical equipment supplied, as all equipment is susceptible
to spikes and brown outs. |
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