TERMS AND CONDITIONS
TAKE NOTE that we are AHI Carrier SA Pty Ltd, including all our associated companies and businesses.
You are deemed to include all of your associated companies and businesses as well. These terms and conditions apply to all transactions between ourselves, unless we agree to the contrary in writing.
These terms and conditions apply to all transactions between ourselves, unless we agree to the contrary in writing.
- 1. We reserve the right to alter prices advertised and quoted.
- 2. Payment for goods and/or services shall be made on or before the last Friday of the calendar month subsequent to that in which our invoice to you is dated.
- 3. We reserve the right to change payment terms within our discretion and at any time.
- 4. Discounts are within our discretion and can be altered or withdrawn without notice at any time.
- 5. You bear the onus of proving any claims for credits or rebates and as such, you are reminded to keep your records updated.
- 6. Disputes/queries are to be lodged in writing no more than 30 days after due date for review, failing which the dispute/query will not be entertained.
- 7. Not all of our staff have authority to represent or bind ourselves and you must establish due authority prior to relying on representations.
- 8. Failure to pay on due date will mean –
- 8.1 the full sum on your account with ourselves will fall due for payment immediately.
- 8.2. Interest will accrue on the sum owed at 2% above the prime rate compounded monthly until paid in full.
- 9. We reserve the right to withdraw credit facilities without notice or explanation at any time.
- 10. Your chosen method of payment or means of delivery shall be suitable to you as your agent/agency.
- 11. We may appropriate your payments in our discretion.
- 12. You must comply with our order requirements which are available on request.
- 13. Risk in our goods will pass on delivery.
- 14. Time shall not be of the essence in effecting delivery and we may deliver in instalments whereupon each delivered instalment will be regarded as a separate sale. You acknowledge that we and/or our client may have to order stock from overseas and travel arrangements could delay delivery. As such we will not accept any claims for direct or contingent damages due to late delivery.
- 15. You will be liable to pay ourselves in respect of any damages we suffer due to delays to delivery caused by yourselves.
- 16. Claims for repairs or warranty performance must be made in writing to us and will not confer a basis for set-off to you. Each such claim will be dealt with by us on its merits and subject to manufacturer’s terms.
- 17. Notwithstanding that risk passed to you on delivery, ownership in all goods sold shall remain vested in us until the full purchase price has been paid. Should you breach any of these terms and conditions or if you are sequestrated or liquidated or commit any act of insolvency or permit a judgment taken against you, to remain unsatisfied for a period of 7 (seven) days therefrom, we shall be entitled forthwith and without notice to take possession of our goods without prejudice to any further rights vested in ourselves.
- 18. You hereby irrevocable authorize our representative to enter your premises to take possession of our goods without a Court Order.
- 19. We do not entertain any contingent liability claims of any nature, whatsoever.
- 20. Upon you signing off work done by ourselves no further claims regarding such completed work from you, will be entertained.
- 21. You must also fully insure goods purchased from us against loss or damage until full price has been paid. Pending payment to ourselves for goods purchased, all benefits in terms of the insurance policy relating to the insurance of our goods are ceded to us.
- 22. You must inform the landlord of your premises or the premises at which the goods are kept that the goods are our sole and absolute property until such time as the price has been paid in full by you to us.
- 23. Should you return goods without prior consent, we reserve the right to retain payments made to you in respect of such goods and/or to claim payment for the balance outstanding notwithstanding your return of the goods.
- 24. A certificate issued by any authorized representative of ourselves shall constitute prima facie proof of the sum due by you to us.
- 25. Should it be necessary for ourselves to institute legal action against you, all the costs thereof shall be for your account, i.e. On an attorney and own client scale.
- 26. You hereby agree that we shall be entitled to institute action against you should we so decide in the Magistrate’s Court notwithstanding the sum of the claim in issue.
- 27 We have the sole option of referring any dispute arising from or in connection with these terms and conditions to arbitration which arbitration shall bind both you and us. Furthennore the conduct of the arbitration proceedings shall be governed entirely by the arbitration act as amended from time to time.
- 28. We reserve the right in our sole discretion to vary or amend these tenns and conditions from time to time.
- 29. This contract represents the entire agreement between you and us.
- 30. No amendments or variations hereto shall be of any force and effect unless reduced to writing and signed by one of our directors.
- 31. You shall not cede any of your rights or obligations in terms hereof.
- 32. We shall at any time, in our sole discretion, be entitled to cede all or any of our rights in terms hereof.
- 33. You undertake to notify us within a period of 7 (seven) days of any change of address or any changes in the information set out in this agreement.
- 34. These tenns and conditions are subject to the legal and regulatory requirement of the Department of Trade and Industry and any Export Bodies with legislative authority.
- 35. Insofar as they do not conflict with any of the terms and conditions set out herein, the general conditions of sale and tender stipulated from time to time by the Refrigeration and Air-conditioning Manufacturers and Suppliers Association (RAMSA) shall also be applicable to transactions between us.
- 36. It is accepted and approval given for credit information of whatsoever nature to be correlated in order for this credit limit request to be decided upon.
- 37. Authority is granted to adjust the credit limit either way from time to time in accordance with the conduct of the account, failing which a new credit application would be necessary for every limit increase required.
- 38. GUARANTEE:
- 38.1 AHI Carrier SA guarantees the new replacement compressor to be free from manufacturing defects for a period of three (3) months from date of start-up.
- 38.2 AHI Carrier SA guarantees the new replacement compressor against failure due to negligence or faulty workmanship for a period of six (6) months from date of start-up.
- 39. The above guarantees are subject to the following conditions being met:
- 39.1 AHI Carrier SA to be appointed to carry out a minimum of three (3) x minor inspection services and one (1) x major service during the 12 month period following completion of the above quoted work.
- 39.2 Any defects brought to the attention of the customer to be rectified without undue delay. All such repairs and or replacements will be carried out on a time and material basis.
GENERAL CONDITIONS OF PURCHASE, TO BE READ WITH THE RELEVANT PURCHASE ORDER
Now therefore it is AGREED that:
- 1. Definitions
- 1.1 In these conditions, unless the context requires otherwise;
- 1.1.1 “Days” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
- 1.1.2 “Delivery” means delivery in accordance with clause 5;
- 1.1.3 “Goods” means whatever is purchased or ordered in terms of the Purchase Order, and includes, where applicable, work to be done or services to be rendered, in terms of the Purchase Order;
- 1.1.4 “Invoice Address” is the address to which all invoices pertaining to the Purchase Order are to be directed and is the address as given by the Purchaser on the Purchase Order and entitled “Invoice Address”
- 1.1.5 “Purchase Order’ means and includes:
- 18.104.22.168 The document entitled “Purchase Order” issued by the Purchaser;
- 22.214.171.124 The contents of these general conditions of purchase and sale;
- 126.96.36.199 All other documents referred to and attached to the Purchase Order
- 188.8.131.52 The specifications referred to and attached to the Purchase Order;
- 184.108.40.206 Any schedule of drawings attached to the specifications; and
- 220.127.116.11 Provided that, if there should be any conflict between any of the above documents, then the contents of the document defined in paragraph 18.104.22.168 above shall prevail.
- 1.1.6 “Purchase Price” means the nett purchase price excluding any settlement discounts stated in the Purchase Order;
- 1.1.7 “Purchaser” means the division AHI-Carrier (Pty) Ltd named in the Purchase Order;
- 1.1.8 “Seller” means the party to whom the Purchase Order is addressed;
- 1.1.9 “The Parties” means the Seller or the Purchaser.
- 2. Purchase and Sale. The Purchaser buys the Goods from the Seller in accordance with the Purchase Order and the Parties agree to be bound by the Purchase Order.
- 3. Offer and Acceptance
- 3.1 No orders other than a Purchase Order signed by an authorised signatory of the Purchaser shall be valid.
- 3.2 Unless the Seller, within 24 hours of receipt of the Purchase Order advises the Purchaser to the contrary by letter or Electronic mail it shall be deemed to have accepted the Purchase Order, including these conditions, without qualification or amendment.
- 4. Purchase Price. Unless specifically agreed to in writing, it is agreed that the Purchase Order is binding on the Parties on condition that the price of the Goods will be that as recorded on the Purchase Order by the Purchaser.
- 5. Delivery
- 5.1 The Seller undertakes to deliver the Goods at the place and to the person specified by the Purchaser in the Purchase Order.
- 5.2 Time shall be of essence in regard to the Delivery of the Goods.
- 5.3 Should any Delivery not take place by the date stipulated for Delivery in the Purchase Order the Seller shall be liable to the Purchaser to a penalty of 1% of the Purchase Price per week or part thereof for each Day the Goods are not Delivered alternatively for damages suffered by the Purchaser without prejudice to any other remedy in law of the Purchaser.
- 5.4 Delivery is to be effected, as far as is reasonably possible, from local stocks.
- 5.5 A delivery note, reflecting the correct number of the Purchase Order, signed by the Purchaser, its employee, agent or representative shall constitute prima facie proof, on its mere production, that the Goods delivered thereunder are in accordance with the quantity reflected thereon.
- 5.6 Should a delivery note not reflect the correct Purchase Order number, the Purchaser may, at its discretion and reserving all other rights it may have, not take delivery of the Goods. The Seller shall be liable for all costs consequent to such election.
- 6. Passing of Ownership. Ownership of the Goods shall pass from the Seller to the Purchaser on Delivery or on payment for the Goods, whichever is the earlier.
- 7. Risk. All risk of any loss or damage to the Goods whether such loss or damage be total or partial, from whatsoever cause arising, shall remain with the Seller until Delivery of the Goods.
- 8. Warranties. The Seller warrants and represents that all Goods purchased in terms of the Purchase Order shall be free of patent or latent defects, liens, claims or any other encumbrances and that such Goods shall be satisfactory in every respect for the purpose for which they are intended by the Purchaser.
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