Standard Conditions Of sale
General
The “Seller” means MK Cable Management (SA) Ltd.
The “Buyer” means the person, firm or company to whom the Seller supplies the Goods.
All quotation are given and all orders are accepted on these terms, replace and supersede any other terms wherever appearing, and override and exclude any other terms stipulated or incorporated or referred to by the Buyer, whether in the order or in any negotiations, and any course of dealing established between the Seller, and the Buyer and all orders here after made by the Buyer shall be deemed to be made subject to these terms.
Acceptance of Orders
No contract for the sale of goods (“the Goods”) shall be concluded until either the Seller sends or otherwise communicates to the buyer its acceptance of the Buyer’s order or on the delivery to the Buyer of the Goods, whichever is the earlier. The Buyer acknowledges that there are no representations outside these terms that have induce the Buyer to enter into the contract (which expression shall include any contract of which these terms form part) and save as provided herein, these terms shall constitute the entire understanding between the parties for the sale of the Goods. No modification of these terms shall be effective unless made by an express written agreement between the parties. The signing by the Seller of any of the Buyer’s documentation shall not imply any modification of
these items.
Illustrations, Description Matter and Dimensions
The Seller’s policy is one of continuous improvement. The right to change designs at any time without notice is reserved.
Design
All description and illustrations contained in catalogues, price list and advertisements or otherwise communication to the Buyer are intended merely to present a general idea of the Goods described therein, and nothing contained in any of them shall form any part of the contract.
Samples
Notwithstanding that a sample of the Goods may have been exhibited to and inspected by the Buyer, it is hereby agreed that such sample was so exhibited and inspected solely to enable the Buyer to judge for himself the quality of the bulk and not so as to constitute a sale by sample. The Buyer shall take the Goods at his own risk as to their corresponding with the said sample or as to their quality condition or sufficiency for any purpose.
Prices
All prices listed or quoted are provisional only and are subject to alteration without prior notice, and prices charged will be those current at the time of dispatch of the Goods.
Delivery
All delivery dates are estimates only and the time of delivery shall not be of the essence of the contract. In no circumstances shall the Seller be liable to compensate the Buyer in damages or otherwise for non-delivery or late delivery of the Goods or any of them for whatever reason or for any loss consequential or otherwise arising there from available supplies amongst customers in time of shortage. The Seller shall be entitled to deliver the Goods in one or more consignments unless otherwise expressly agreed. For Local sales, delivery shall be deemed to take place when the Goods are dispatched from the Seller’s
premises. The Seller shall not be liable for any loss of any kind to the Buyer arising from any damage to the Goods occurring after the risk has been passed to the Buyer however caused, not shall any liability of the Buyer to the Seller be diminished or extinguished by reason of such loss.
Carriage and Packing
Packing materials are in most instances non-returnable. However, any extra charges to be agreed for customized packing will be charged to the buyer. Goods are sold on ExWorks basis and carriage charges are charged to the buyer’s account unless otherwise agreed.
Instructions and Labels
The Buyer shall ensure that labels, name, reference numbers and marks on the
Goods and packing materials and cases are not removed altered or covered which is the Goods are in his possession and shall not remove any label or plaque affixed to the Goods referring any user therefore to the Seller’s or any other party’s instructions and/or recommendations for use. If any item comprised in the Goods is resold by the Buyer, all instruction and/or recommendations for use packed with the Goods or which the Seller has otherwise notified to the Buyer shall be passed to the attention of his purchaser.
Damage or Loss in Transit
When the price quoted includes delivery, the Seller shall repair or replace free of charge goods damaged in transit or not delivered in accordance with the advice note, provided that in the event of damage or shortage, written notification giving details of such damage or shortage must be sent the Seller within 7 days of receipt, and in the event of non-delivery must be sent to the Seller within 10 days of the date shown on the advice note.
Order number, advice note and date of dispatch are required, and in the event of failure to give notice within the aforementioned period, the Goods will be deemed to be in all respects as invoiced.
Returns
Goods supplied in accordance with the Buyer’s orders cannot be accepted for return without the Seller’s written consent. Such Goods shall be sent carriage free and at the Buyer’s risk and will only be accepted if packed in the original carton which in the Seller’s opinion is in a saleable condition. Only Goods of current design will be accepted for return.
Payment
Payment for Goods value, taxes and carriage if any, included in the Seller’s sales
invoice are due for payment by bank transfer to the Seller’s account as per the agreed credit terms.
Liability
These terms set out the Seller’s entire liability in respect of the Goods and the Seller’s liability under these terms shall be in lieu and to the exclusion of all other warrants, conditions, terms and liabilities expressed or implied statutory or otherwise in respect of the quality of the fitness for any particular purpose of the Goods or otherwise(notwithstanding any advice or representation to the Buyer, all liability in respect of which howsoever arising, is expressly excluded) except any implied by law cannot be excluded.
Save as provided in these terms and except as aforesaid the Seller shall not be under any liability, whether in contract, tort (including negligence) or otherwise, in respect of defects in the Goods or failure to correspond to specification or sample or for any injury, damage or loss resulting from such defects or failure or from any work done in connection therewith.
The Seller shall be under no liability to any purchase of the Goods, or for any breach of this agreement or of any duty owed to the Buyer in connection herewith, shall be further limited in the aggregate to the price of the Goods in question.
Nothing in these terms shall restrict the Seller’s liability for death or personal injury caused by the Seller’s negligence.
Indemnity
The Buyer shall indemnify the Seller in respect of all damage injury or loss occurring to any person or property and against all action, suits, claims, demand, charges or expenses in connection therewith arising from the condition or use of the Goods in the event and to the extent that the damage injury or loss shall have been occured partly or wholly by the carelessness of the Buyer and his servants or agents or by any breach by the Buyer of its obligations to the Seller hereunder.
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