STANDARD TERMS & CONDITIONS OF SALES
(MANUFACTURING AND REPAIRING OF TRANSFORMERS AND MINI- SUBSTATIONS)
Scope & 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:
- “The Customer” – shall mean any party with whom a contract is concluded;
- “The Company” – shall mean Electro Inductive Industries (Pty) Ltd inclusive of all its operations;
- “goods” – shall be Transformers, Mini-subs and/or any other product as specified in Electro Inductive Industries (Pty) Ltd quotation;
- “order” – shall mean a written request or instruction by The Customer for the supply of the goods by Electro Inductive Industries (Pty) Ltd;
- “delivery” – shall mean delivery in accordance with the applicable INCOTERM(S) specified on the quotation;
- “contract” – shall mean any contract for the supply of the goods by Electro Inductive Industries (Pty) Ltd.
2) The terms and conditions of sales shall apply to any contract for the sale of goods or service provided by The Company whether the contract arises out of:
- An offer made by The Company and accepted by The Customer.
- An offer made by The Customer and accepted by The Company including any such offer made by The Customer in response to a quotation from The Company.
3) The Company endeavors to acknowledge receipt of any order within 24 hours by furnishing The Customer with an “Acknowledgement of Receipt 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 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 (4).
5) Before the scheduling and procurement of any materials needed to complete the order, The Company endeavors to issue The Customerwith a set of “Customer Drawings” within 6-8 weeks after receipt of the customer order. Thereafter The Customer must ensure that signed/approved copies of these drawings are returned to The Company within 5 working days.
6) Applicable to clauses 4 & 6: If no written correspondence, whatsoever, is received from The Company within the aforesaid time frame/sThe Customer must assume that 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.
7) No alterations or variations of these terms and conditions shall apply, unless agreed to in writing and signed by authorized personnel ofThe Company.
8) 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 unless otherwise agreed.
9) Amounts not paid on the due date will bear an interest rate of 2.5% of the total order amount per month.
10) The contract is strictly net and not subjected to any discount unless otherwise agreed in writing, signed and authorized by The Company’s representative.
11) Unless arrangements are made to the contrary, delivery shall be made to The Customer (ex-works) at The Company’s premises.
12) 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 liabilities such as shortages and damage of goods.
13) The Company warrants to The Customer that the goods manufactured are free of damage, defects in material or workmanship.
14) All transformers manufactured and refurbished will be guaranteed for 12 months.
15) The Customer will be responsible to pay any additional amounts as agreed due to The Company for any modifications to product while still in manufacturing process.
16) 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.
17) The Company may forthwith retake possession of any goods in respect of which ownership has not passed.
18) All customer complaints shall be reported to The Company within the guarantee period.