1. The terms stated herein are the sole terms of this contract. No amended, different or additional terms and conditions that you seek to attach to the contract will be applicable unless we agree thereto in writing.
2. Payment in respect of the goods shall be made on a "Cash on Delivery" basis, unless credit facilities have been afforded in advance by the seller, in which case payment must be made by the 25th day of the month following date of statement.
3. All prices are subject to change without prior notice, and are on an Ex Warehouse basis, unless otherwise agreed in writing.
4. Ownership of the goods hereby sold, shall remain vested in the seller, until the full purchase consideration has been paid.
5. The subject matter is, unless otherwise indicated on the face hereof, guaranteed for a period of twelve (12) months from date of delivery, provided that our liability in terms hereof shall be strictly limited, at our option, to either refunding the contract price or to replacing the subject matter, which replacement the purchaser shall be obliged to accept. Without limiting the generality of the aforegoing, we shall not be liable for any loss of profit or consequential loss or damages of any nature whatsoever, or for any loss, damages or costs arising from third party claims.
6. Save for the contents of 5 above, we do not give any warranty or guarantee, whether express or implied, or make any representation whatsoever in respect of the subject matter or its fitness for any particular purpose, other than may have been expressly given in writing and the purchaser shall not be entitled to rely, in entering into our contract upon any representation made by us or on our behalf.
7. The purchaser shall ensure that the technician engaged in the installation is adequately trained and is fully cognisant of the manner and method of operation and installation of the subject matter. We, our servants or our agents accept no responsibility for any loss or damages which might arise by reason of the death or personal injury to any person engaged in the installation of the subject matter. Neither we, our servants nor our agents will be under any liability in respect of defects of goods delivered or for any injury, damage or loss resulting from such defects whatsoever and howsoever caused whether such injury, damage, or loss be direct or consequential and notwithstanding that the same may be due to the negligent act or omission of ourselves, our servants or our agents; and our liability under this clause shall be in lieu of any warranty or condition implied by law as to quality of fitness for any particular purpose of such goods.
8. The date or dates of delivery agreed by us are given in good faith and all reasonable effort will be made to comply with them, but they shall be treated as approximates only and shall not be capable of being made of essence of this contract. In no event will liability be accepted by us for any loss or consequential loss caused through non-delivery or delay. The risk in the subject matter shall pass to the purchaser upon delivery being effected in terms hereof. In the case of delivery by any party other than ourselves, liability for the goods purchased shall pass to the purchaser, at the time the goods leave our premises. Unless we are notified within forty-eight (48) hours of delivery of the subject matter to the purchaser in writing of any defect therein, the purchaser will be deemed to have acknowledged that the subject matter was delivered in good order and condition.
9. In the case where goods are delivered by any party other than ourselves, we shall not be held liable for any damages or loss of such goods in the course of such delivery.
10. Should the purchaser fail to make any payment to us in terms hereof, or breach any other obligation under this contract, or be placed in provisional or final liquidation or judicial management, or be provisionally or finally sequestrated, or deliver notice of his intention to surrender his estate as insolvent, and should the purchaser fail to remedy such failure or breach within ten (10) days after a written demand shall have been sent to him by prepaid ordinary post at the address stated on the face hereof, then we shall be entitled either :
10.1. to suspend performance of our obligations under the contract until such failure or breach has been remedied, and any accrued interest has been paid,
or
10.2. to cancel this contract as well as any other contract that may exist between the purchaser and ourselves and in either event, to claim and recover from the purchaser such damages as we may suffer.
11. In the event of the applicant being a Company or a Close Corporation, then the signatory for and on behalf of such an applicant, hereby binds himself as surety and Co-Principal Debtor, in solidium for the due and proper compliance of all duties and obligations of the applicant.
12. No indulgence or forbearance by us shown or granted to the purchaser whether in respect of these conditions or otherwise shall in any way affect or prejudice our rights against the purchaser or be taken as a waiver of any of our rights or any of these conditions.
13. We shall be entitled at our option to institute any legal proceedings which may arise out of or in connection with this Agreement in any magistrate's court having jurisdiction over the purchaser, notwithstanding that such claim may exceed the jurisdiction of such magistrate's court and the purchaser hereby consents to any such proceedings being determined in the magistrate's court.

Users of this site agree further to accept the following supplementary conditions or variations:

When "Making an Offer", users of the site are deemed to have accepted the following extra conditions :