DELIVERY

• • The date for delivery of the Goods shall be as and when the Goods become available for delivery, unless a specific date for delivery is accepted by the Seller in writing.
  • All dates of delivery must be treated as approximate dates only and the Purchaser shall not be entitled to cancel this Agreement, nor bring any claim of whatsoever nature against the Seller as a result of a delay in delivery, howsoever arising, save in so far as the Seller has agreed thereto in writing. Whist every effort will be made to dispatch the Goods as advised, the Seller does not guarantee dispatch on any specific date and shall not be liable for any damages for failure to effect deliver/dispatch timeously for any reason beyond the Seller’s control, including but not limited to, inability to secure labour, power, materials, equipment or supplies or by reason of an act of God, war, civil disturbance, riot, state emergency, strike, lockout or other labour disputes, fire, flood, drought or legislation. The Purchaser shall not be entitled to cancel any order by reason of such delay and time of delivery shall not be a material term of this Agreement.
  • The Seller shall not be liable for any loss or damage of whatsoever nature arising out of delay or failure to deliver. The Seller may select any mode of transport to deliver. Inability of the Seller to fulfil any part of this Agreement does not give purchasers the right to cancel the remain of the Order. Quantity may be sent wholly or in part.
  • The Seller shall not be responsible for delay on non-fulfilment of an Order because of war, riots, strikes, lookouts, acts of God or accidents, accidents to factories, are house or failure of manufacturers and/or suppliers of component parts or any other cause whatsoever arising beyond the Seller’s control.
  • Notwithstanding anything contained herein, the Seller shall be under no obligation to supply or deliver the Goods where the Purchaser is in arrears with any payment to the Seller, howsoever arising. The Seller reserves the right to cancel any order and cease delivery of the Goods in the event of such non-payment.
  • If within seventy-two (72) hours after collection or delivery of the Goods at the Purchaser’s or his nominee premises, no claims are received from the Purchaser regarding the quantity of Goods delivered by the Seller, the quantities will be deemed to be correct.
  • The Seller will be under no obligation to accept Goods returned by the Purchaser. Components that are manufactured to special requirements are non-returnable.
  • If the Purchaser does not accept delivery or requests in writing the Seller to suspend or delay delivery of the Goods, the Seller reserves the right:
    • To refuse to comply with such non-acceptance request;
    • To comply therewith and, in any event, to claim additional costs and/or damages sustained as a result of such non acceptance or request, from the Purchaser.
  • Proper delivery of the Goods invoiced shall be deemed to have taken place when the Seller delivers the Goods to the Purchaser’s premises or the Purchaser collects from the Seller’s premises and any employee of the Purchaser signs the delivery note or invoice.
  • A carrier engaged by the Purchaser, or on behalf of the Purchaser by the Seller, shall be deemed to be the agent of the Purchaser and the risk of the Goods shall pass to the Purchaser upon delivery to such carrier. The signature of any employee of the carrier on the Seller’s invoice or delivery note shall be deemed to be proof of delivery.
  • Should the Seller, at the Purchaser’s request and on the Purchaser’s behalf, agree to engage a carrier to transport the Goods to the Purchaser, the Seller shall engage the carrier on such terms and conditions as it deems fit and the Purchaser indemnifies the Seller against all demands and claims which may be made against it by the carrier so engaged and all liability which the Seller may incur to the carrier arising out of the transportation of the Goods.
  • Where the Seller agrees to cosign on a cost insurance and freight (CIF) or a cost and freight (C&F) basis, the Seller or its insurers shall under no circumstances be responsible for losses incurred in transit.
  • Notwithstanding anything contained herein, the Seller shall be under no obligation to supply or deliver the Goods where the Purchaser is in arrears with any payment to the Seller, howsoever arising. The Seller reserves the right to cancel any order and cease delivery of Goods in the event of such non-payment.
  • All Goods sold in terms hereof will remain the exclusive property of the Seller until the purchase price is paid in full by the Purchaser. The risk in the Goods shall pass to the Purchaser upon delivery. The Purchaser shall not dispose of the Goods until such time as the Purchaser has paid the Seller in full for such Goods. Whilst ownership remains vested in the Seller, the Purchaser undertakes to do all that is necessary to ensure that the Goods remain unencumbered and, inter alia, do not become the subject matter of any lien, hypothec, pledge or other encumbrance or judicial attachment from whatsoever cause arising.
  • The Seller shall not be able to accept return of any Goods sold and delivered. Accordingly, Goods shall not be returned for credit and any deposits paid will be forfeited should the Purchaser purport to cancel any sale.