1. Where the goods are offered ex local stocks, the Company’s price is firm but its obligation in terms of its quotation or acceptance of the order is subject to the goods referred to in its quotation or acceptance of order (“the goods”) being unsold at the date on which the quotation is accepted, or the date of the company’s acceptance in order.
  2. Unless otherwise stated in the Company’s quotation or acceptance of order or in writing signed by the Company, payment of the purchase price in respect of any goods dispatched by the Company up to and including the 30th day of each month must be made by the 30th of the following month, “… provided that the purchaser has completed and delivered to the Company a credit application on the Company’s standard form for this purpose and such application has been granted before the due date for delivery of the goods ordered. If no such application has been received or approved by such date, then, in the absence of any other arrangement, the full purchase price of the goods shall be deemed to be payable in cash to the Company prior to or against delivery thereof”. Risk in the goods shall pass to purchaser upon delivery but goods remain the property of Unique Engineering until paid for in full.
  3. If any amount is overdue, not paid within the specified term or not paid in full, the Customer shall pay a variable yearly interest at Prime rate as determined by the South African Reserve Bank and this rate will go up or down as this rate changes. This means that it can change and we will indevour to inform you of changes to the interest rate with regards to payments not made accordingly with the account terms agreed to in the credit application.
  4. The price stated in the Company’s quotation or acceptance of order is payable in full to the Company.
  5. The Company shall not be liable in respect of any claim for shortfalls in its performance of the contract, unless such claim is made in writing to the Company writing seven (7) days after receipt of the goods referred to in the Company’s quotation or acceptance of order.
  6. All specifications, illustrations, drawings, diagrams, price lists, dimensions, delivery dates and performance figures furnished by the Company, and representations in regard thereto, are approximate and are furnished for the information purposes only, and unless expressly guaranteed by the Company in writing in its quotation or acceptance of order, shall not form part of the contract nor bind the Company in any way.
  7. Where the Company supplies goods to the specifications or drawings furnished by the purchaser, no liability whatsoever shall attach to the Company in the event of the goods failing to perform the services or functions for which they were required to the satisfaction of the purchaser or at all.
    1. Goods supplied and installations or repairs effected by the Company will conform to all specifications or performance figures expressly guaranteed in writing by the Company, and the Company undertakes to execute any rectifications or defects in the goods, installations or repairs whether involving repair or replacement which are required to comply with the guarantee provided that the goods, installations or articles repaired have not been used, altered or repaired in any manner, which in the opinion of the Company has caused the alleged defect or failure to conform to specifications, and provided further that a report of the alleged defect is made by the purchaser to the Company in writing within three months of the date of delivery of the goods, completion of installation, or completion of repairs as the case may be.
    2. Subject to the provisions of the foregoing sub-paragraph, the Company gives no guarantees nor warranties, express or implied, nor makes any representation of any nature whatsoever in respect of the materials, utilized in any goods supplied or installations or repairs effected by it, nor as to the fitness of any such goods, installations or repairs for any purpose for which they are required, whether such purpose be communicated to the Company or not.
  9. The Company shall not be liable under any circumstances whatsoever for any damages whatsoever, including any special damages for loss of profit or otherwise, and which arise in any manner whatsoever out of –
    1. Any defective goods supplied by the Company;
    2. Any delay in the manufacture or delivery of the goods of the Company;
    3.  Any failure by the Company to deliver any goods or render any services as a result, directly or indirectly, of the riots, acts of God, fire, strike, civil commotion, labour dispute, epidemics, flood, accident, delay in manufacture or transportation, storage of fuel, material or labour, any act demand or requirement of an State or Government or any other authority whatsoever or any cause whatsoever which is directly or indirectly or entirely or partly beyond the control of the Company, or that of the manufacturer of the goods;
    4. Any repairs carried out the Company or its agents proving defective or unsatisfactory for any reason whatsoever;
    5. Any negligence of the Company or its servants or agents.
  10. No waiver of, alteration to, or modification of any of the terms and conditions set out herein shall be binding upon the Company, unless contained in writing and signed by its duly authorized officer.
  11. No goods will be accepted for return unless written authority has been received from the Company.
  12. Goods returned will be subject to a 10% handling fee.
  13. These conditions of sale will be subject to all invoicing, delivery notes and waybills, even in the event that they are not part of the paperwork received by the purchaser.