STANDARD TERMS AND CONDITIONS OF SALE
MANUFACTURING OF POLYETHYLENE POWER DISTRIBUTION PRODUCTS AND FABRICATED ENCLOSURES
SCOPE AND INTERPRETATION
1) Unless the context of this document clearly indicates a contrary intention, the following words or phrases shall have the meanings assigned to them:
1.1 – “The Customer” shall mean any party with whom a contract is concluded;
1.2 – “The Company” shall mean Polybox (PTY) LTD inclusive of all its operations;
1.3 – “Goods” shall be all Polybox (PTY) LTD’s products as specified in the Quotation;
1.4 – “Order” shall mean a written request or instruction by The Customer for the supply of Goods by Polybox (PTY) LTD;
1.5 – “Delivery” shall mean delivery in accordance with the applicable INCOTERM(S) specified in the Quotation;
1.6 – “Contract” shall mean any contract for the supply of Goods by Polybox (PTY) LTD.
2) The terms and conditions of Sale shall apply to any contract for the sale of goods or services provided by THE COMPANY whether the contract arises out of:
2.1 – An offer made by THE COMPANY and accepted by THE CUSTOMER;
2.2 – An offer made by THE CUSTOMER and accepted by THE COMPANY including such offer made by THE CUSTOMER in response to a quotation by THE COMPANY.
3) THE COMPANY endeavours to acknowledge receipt of any order within 24 hours by furnishing THE CUSTOMER with an “Acknowledgement of Order Form” via electronic mail or fax. Any written exceptions noted by THE COMPANY on the aforesaid form must be acknowledged OR disputed, by THE CUSTOMER in writing, within 5 calendar days.
4) Delivery dates will be confirmed by THE COMPANY in writing within 5 days of receiving the customer order if no dispute was lodged during the aforesaid process mentioned in clause (1.4). The aforesaid process in dependant on THE CUSTOMER providing THE COMPANY with all the necessary technical information.
5) Applicable to clause (1.4). If not written correspondence in received from THE COMPANY within the aforesaid timeframe/s, THE CUSTOMER must assume thast THE COMPANY is not in receipt of the order and should therefore immediately consult with the relevant company representative/s to either reinstate the order or concede to Force Majeure.
6) No Alterations or variations of these terms and conditions shall apply, unless agreed to in writing and signed by a authorised personnel of THE COMPANY.
7) Payment of the contract price shall be made in full after delivery of Goods to the customer before or on the due date specified on THE COMPANY’s invoice and / or by THE CUSTOMER’s Credit Terms as agreed to in THE COMPANY’s Credit Application form.
8) Amounts not paid by the due date will bear an interest rate of 2.5% of the total value of the order per month.
9) The contact is strictly per Terms and not subjected to any discount unless otherwise agreed to in writing, and is authorised by THE COMPANY’s representative.
10) Unless arrangements are made to the contrary, delivery costs shall be borne by THE CUSTOMER.
11) Should THE COMPANY, at THE CUSTOMER’s request, agree to engage a transport carrier to transport the Goods to THE CUSTOMER, then the transport company, after leaving THE COMPANY’s premises indemnifies THE COMPANY from any liability, including damage or shortage of Goods.
12) THE COMPANY warrants to THE CUSTOMER that the Goods manufactured are free of damage and defects in material or workmanship.
13) THE CUSTOMER will be responsible to pay any additional amounts as agreed due to THE COMPANY for any modifications to the Goods after an official order has been acknowledged.
14) If a contract is cancelled for any reason whatsoever, then all amounts owed by THE CUSTOMER to THE COMPANY in terms of the contract incorporating these terms and conditions shall become due and payable forthwith.
15) THE COMPANY may forthwith take possession of any goods in respect of which ownership has not passed due to non-payment.
16) All quotations from THE COMPANY to THE CUSTOMER are valid for a period of 60 (Sixty) Days from the date reflected on the quotation.
17) All quotations are done in good faith based on the information received by THE CUSTOMER at the time of quoting. THE COMPANY will not be held liable should the information received from THE CUSTOMER be incorrect in any way.