General Terms and Conditions of Sale

1. These terms and conditions apply to all goods sold by Safintra South Africa (Pty) Ltd (“Safintra”) and will override Customer’s terms and conditions of order or any other terms and conditions not expressly and unequivocally accepted by Safintra in writing.
2. Price lists issued by Safintra from time to time are for information only and do not constitute offers for sale.
3. Prices reflected in any Safintra quotations remain fixed for twenty working days from date of quotation and may change
where a quotation is not accepted within that time.
4. It is the Customer’s responsibility to ensure that all measurements, quantities and other relevant specifications reflected in any order, quotation or cutting list are accurate. Safintra will not accept any liability for errors and omissions on any order, quotation or cutting list whether or not Safintra’s advice in connection therewith was sought or given and whether or not, in the case of quotations or cutting lists, they emanate from Safintra.
5. Where manufacturing lead times are applicable, they will be as indicated in Safintra’s quotations.
6. All orders and cutting lists must be in writing and signed by the person authorised by the Customer to place orders with
Safintra (such person’s details, and limits of authority if any, must be provided by the Customer to Safintra in writing before
any order will be processed by Safintra). Once placed, orders will be firm and irrevocable and may not be cancelled without
Safintra’s prior written consent.
7. Subject to the provisions of the Consumer Protection Act (“CPA”) being applicable to the Customer, the Customer may only return goods to Safintra in the event that the goods fail to satisfy the requirements and standards contemplated in Section 55 of the CPA, and then only within the periods set out in Section 56 of the CPA.
8. Short deliveries or deliveries of damaged, defective or incorrect goods must be reported to Safintra in writing within four
working days of delivery failing which Safintra will not accept any liability therefor.
9. The Customer may not under any circumstances on-sell any reject goods (either as scrap or otherwise) without Safintra’s
prior written consent.
10. Payment for all goods must be made to Safintra by the Customer in full on placement of order unless a written credit
agreement has been concluded with the Customer, in which case payment for all goods must be made in full within the
period provided for in such agreement.
11. The Customer may not, under any circumstances and for any reason whatsoever set-off or deduct any amount from any monies owing to Safintra without Safintra’s prior written consent.
12. In the event of any amount not being paid in full to Safintra by its due date, any discounts reflected on Safintra’s invoices or statements of account will be forfeited and all amounts owed by the Customer to Safintra will become immediately due, owing and payable together with interest calculated from the due date of payment to the date of final payment at the then current prime overdraft rate of Standard Bank of South Africa Limited plus three percent (3%).
13. Except as provided for in in any written guarantee or warranty furnished to the Customer by Safintra, Safintra gives no
guarantee, warranty or undertaking, express or implied, in respect of any goods supplied by it.
14. Safintra’s liability for any breach of any of its obligations under these terms and conditions will be limited to, at Safintra’s sole option, crediting or refunding the Customer the price charged by Safintra for the goods in question (as reflected in the relevant Safintra invoice or statement of account) or replacing them.
15. Except as expressly provided for in these terms and conditions, Safintra will not be liable for any damages (direct, indirect or consequential) suffered by the Customer as a result of the supply of any goods by Safintra, the non-delivery or late delivery by Safintra of any goods or for any other reason whatsoever.
16. Delivery of all goods will be effected at Safintra’s premises unless otherwise agreed in writing by Safintra. Where goods are to be delivered to the Customer’s site by Safintra, the Customer will, at its sole cost and risk, supply all the labour necessary to offload goods immediately upon their arrival at site. Safintra reserves the right to charge for any wasted standing or waiting time at site.
17. Ownership of goods will remain with Safintra until Safintra has been paid for them in full even if delivery has been effected without full payment having been made. All risks in and to the goods will pass to the Customer at the time when they are loaded for transport at Safintra’s premises unless Safintra is responsible for delivery from its premises, in which case all such risks will pass on delivery of the goods to the delivery address agreed by Safintra in writing.
18. Where delivery is not to be effected to the Customer’s site by Safintra, should the Customer fail to take delivery of goods within ten working days of being notified by Safintra that they are ready for collection, delivery will be deemed to have been effected and all risks will be deemed to have been passed to the Customer on the date of notification. If Safintra in its sole discretion elects to store the goods on behalf of the Customer, the Customer will be liable for all the costs and carry all the risks associated with such storage.
19. The signature on Safintra’s official delivery note or invoice by any of the Customer’s employees or delivery agents will
constitute unequivocal proof of delivery.
20. Where goods are to be roll formed or fabricated on the Customer’s site, the Customer must, at its sole cost and risk, supply all the labour necessary to offload or receive the goods immediately on roll forming or fabrication.
21. Safintra may, without notice to the Customer and in its sole discretion, suspend deliveries or cancel any agreement of sale concluded with the Customer, if the Customer breaches any of its obligations under these terms and conditions and fails to remedy such breach within five working days of being requested by Safintra to do so.
22. Safintra will not be liable for any failure to perform any of its obligations under these terms and conditions by reason of an act of God or a force majeure event (including but not limited to acts or restraints of government, restrictions of or
embargoes on imports and exports, war, lightning, storm, fire, tempest, strikes, lockout, riots or civil commotion) or
accidents or breakdowns.
23. The Customer agrees that if it breaches any of its obligations under these terms and conditions, Safintra may in its sole
discretion institute process against the Customer in the Magistrate’s Court having jurisdiction over the Customer’s person,
even though the amount claimed exceeds the jurisdiction of that Court. For the purposes of service of any Court process,
the Customer chooses as its domicilium citandi et executandi the Customer’s address reflected on Safintra’s invoice or
statement of account.
24. In the event of process being instituted against the Customer by Safintra, the Customer agrees to pay any costs that may be awarded to Safintra on the attorney and client scale (such costs to include, but not be limited to the costs of counsel as marked on brief, collection commission and tracing fees).
25. A certificate signed by a manager or director of Safintra, whose appointment and authority need not be proved, will be
prima facie evidence of the amount due by the Customer to Safintra and the interest rate applicable to such amount.
26. No alteration to or variation of these terms and conditions will be of any force and effect unless in writing and signed by Safintra’s duly authorised representative.
27. No indulgence extended by Safintra to the Customer will constitute a waiver by Safintra of its rights under these terms and conditions.
28. The Customer must notify Safintra in writing within five working days of any change in ownership of the Customer’s business or, should the Customer be a juristic entity, any share transaction where the majority shareholding is affected.
29. Safintra will at all times have the right to cede, assign or transfer all or a portion of its rights or obligations under these
terms and conditions to a third party without the Customer’s consent. Any reference in these terms and conditions to
Safintra will be deemed to include its cessionaries, assignees or transferees. The Customer may not cede, assign or transfer
any of its rights or obligations under these terms and conditions without Safintra’s prior written consent (which will not be
unreasonably withheld).
30. If any of the provisions of these terms and conditions are held to be invalid, such invalidity will not affect the other
provisions to which effect can be given without the invalid provision.
31. Any advice given by Safintra will not be considered expert advice and no liability will be incurred by Safintra in connection with giving it.
32. Any VAT or Taxes which are applicable to the sale of goods by Safintra to the Customer will be reflected on Safintra’s
invoices and statements of accounts and be payable to Safintra by the Customer unless the Customer is able to provide
appropriate exemption documentation.