No guarantee is given as to the suitability of the goods sold for any particular purpose. The Customer must satisfy himself before use or installation as to the suitability of the goods for the purpose for which he acquires them. The Supplier’s liability for defects is at all times limited to the purchase price of the goods supplied and the Supplier’s liability for consequential loss is specifically excluded.
The Supplier will not be responsible for goods installed whether correctly supplied or not. Any claim must be made prior to installation.
Goods for delivery will be offloaded “at roadside”, if goods are offloaded on the site or the premises of the Customer, whether at the request of or for the convenience of the Customer, the Supplier will not be held responsible for any damages incurred due to the supplier’s vehicle or employees having entered into the site or premises of the Customer.
The Supplier retains, at its sole discretion, the right without liability, to suspend or reduce supply or deliveries of Goods to the Customer where payment by the Customer for Goods supplied to it by the Supplier is overdue;
and/or the Supplier is dissatisfied as to the Customer’s creditworthiness; and/or
the Customer, in the Supplier’s sole opinion, unjustifiably refuses to accept or delays delivery of the Goods.
The parties hereby agree that the placing or loading of the Goods upon any forms of transport chosen by the Supplier at its sole discretion shall constitute the delivery of such Goods by the Supplier to the Customer.
The Supplier shall not be responsible for the quality, safe transit or quantity of the Goods ultimately received by the Customer once they have been placed on such form of transport.
The risks in the Goods shall pass to the Customer upon signature by the Customer on the Supplier’s official invoice and/or Delivery Note.
In the event of an employee or employees of the Supplier or the Supplier’s agent or any employee or employees of the Supplier’s agent assisting with the off-loading of the Goods from such transport, such assistance shall be rendered only at the sole risk of the Customer, who shall be responsible for any and all damages of whatever nature caused as a result of such assistance and who shall indemnify the Supplier or any of its agents and/or employees against any damages, howsoever caused, including the negligence of the agents and/or employees of the Supplier.
Any claims in respect of goods delivered by the supplier’s transport must be made at the time of delivery.
Where the goods are not unloaded from the form of transport immediately upon its arrival at the delivery site, the Supplier shall be entitled to charge demurrage for any period of delay at the same rate as that charged by Transnet.
The Supplier does not guarantee delivery of the Goods on any specific date, but will attempt to deliver same on or about the date they required by and as specific by the Customer.
The Supplier shall not be liable in any way whatsoever for any damages suffered by the Customer as a result of the failure by the Supplier to deliver the Goods timeously.
In the event of the Customer electing to collect the Goods from the Supplier’s premises using its own or any other party’s transport, then such collection shall be entirely at the Application’s risk and the Customer shall be responsible for all damage of whatsoever nature caused as a result of or during such collection.
Such goods may be collected only between the hours of 08:00 to 16:30 Mondays to Thursdays and 08:00 to 12:00 and 14:30 to 16:30 Fridays, public holidays excluded.