TERMS AND CONDITIONS
Company Policy
- All blocks are made to order
- Order is confirmed by 30% deposit
- Manufacture time varies from 3 – 6 weeks
- All products and quantities ordered are as per the customers request
Delivery
- Delivery can be arraged via a 3rd party transport contractors
- Transporters will Not enter the customers premises
- Transporters will only offload 1.5 meters from the vehicle
- Customers are to ensure roads are suitable for heavy loads
Prices
- Are per Product
- Are inclusive of Vat
- Are liable to change without any notice
1. All quotations issued and contracts entered into by Precast Cement Products C.C. (The Company) are subject to these conditions unless specifically varied in writing. Specifications, Prices and Extras listed by The Company from time to time are for information only. The Company may disregard any conditions of sale printed on the Purchase’s Order unless the order expressly stipulates that the conditions may nor be disregarded pursuant to this condition. The Company shall not be bound by any quotation, tender or other offer, or by the acceptance of any order or other offer, unless and until approved by a Director in writing.
2. Subsequent to an acceptance of any order by The Company, the Contract may not be cancelled by the Purchaser and, unless agreed to in writing by The Company, no goods purchased and delivered shall be returned to The Company by the Purchaser. Should The Company agree to cancel an order, the Purchaser shall pay a handling charge and any transport and other charges incurred.
3. The Company warrants that the goods will comply with any specification agreed to and will be free to defects and suitable for their ordinary purposes but not that the goods will be suitable for any other purposes unless expressly so agreed in writing under the signature of a Director. The Company warrants further that the characteristics of the goods (including in particular dimensions, colour, performance and durability) will be substantially as stated, although minor variations may occur. It is recorded that a certain amount of florescence is normal and does not constitute a defect The Company does not warrant any Information or advice given by its employees or agents unless reduced to writing and signed by a Director.
4. Should the goods not comply with the above warranty. The Company will replace the defective goods within a reasonable period against return of the goods concerned in the condition in which they were received, provided that written prior notice is given to The Company within THREE days of the defect. Save as aforesaid, no claim shall lie against The Company arising out of, or in connection with, any defects in unsuitability of, or failure to comply with specifications on the part of, the goods.
5. When goods are consigned in or on returnable pallets, any deposits or charges raised and invoiced in respect thereof shall be payable by the Purchaser simultaneously with payment for the goods sold. Returnable empties shall be consigned by the Purchaser carriage paid unless otherwise agreed, to the works from which they were originally dispatched and immediate notification of such consignment shall be submitted to The Company. Upon receipt by The Company of such returned empties in good condition. The Company shall credit the Purchaser or refund the Purchaser with the full amount deposited or paid thereon by the Purchaser.
6. Upon delivery or deemed delivery of goods to the Purchaser all risk in and to the goods including packaging materials, shall pass to the Purchaser. It is agreed that unless goods are conveyed by The Company, delivery takes place when the goods are handed by The Company to the carrier and all goods are dispatched carriage forward at the Purchaser’s risk. The carrier shall be deemed to be the Purchaser’s agent, unless the Purchaser nominates the carrier. In the event of The Carrier delivering goods to the delivery address and there is no one at the delivery address at the agreed delivery time or during normal business hours to receive delivery on behalf of the Purchaser. The Carrier may offload the goods at the delivery address and such offloading shall constitute good delivery or may redeliver the goods later at the Purchaser’s expense.
7. The Purchaser acknowledges that normal damages and breakage’s in transit constitute up to 5% of the goods sold. It is agreed that the Purchaser shall have no claim against The Company by way of reduction of the purchase price or otherwise in respect of losses up to 5% as aforesaid in the event of delivery by The Company. Any other claims for alleged breakage’s in excess of 5% or for alleged shortages, shall be made by the Purchaser within 24 HOURS of receipt of consignment in respect of which such breakage’s or shortage is alleged. Any claim received after 24 HOURS shall not be considered by The Company.
8. In the event of the Purchaser not being able to accept delivery of tendered goods, The Company shall be entitled to invoice such goods for payment by the Purchaser. The Purchaser shall furthermore be liable for reasonable storage charges for goods remaining on The Company’s premises longer than 30 DAYS after completion for delivery. The Company may effect and invoice part deliveries.
9. If delivery is delayed due to any circumstances which The Company cannot reasonably and practicably control in the normal conduct of its business (including, but not limited to, labour unrest, shortage of material or labour, government regulations, boycotts, transport delays and delays on the part of third parties). The Company shall be entitled to a reasonable extension to effect delivery. All dispatch dates are given in good faith but under no circumstances shall The Company be liable for any loss of profit, time, or damage sustained by the customer consequential on lateness.
10. The Purchaser shall ensure that there is safe and proper access between the point at which it is necessary for The Carrier’s vehicle to leave the public road normally used by vehicles and the point at which the load is to be discharged. The driver of The Carrier’s vehicle, however shall be entitled to refuse to proceed to the designated discharge point if, in his discretion, he considers it a risk to do so, in which event he shall be entitled, but not obliged to offload the goods at the nearest safe point which shall thereupon be deemed to be the delivery address. Not withstanding the foregoing, the Purchaser shall accept responsibility for and indemnifies The Company and its employees against any claims, damage or loss of whatever nature resulting from any defect in the above mentioned access and leading to damage or injury to property or persons as a result of The Carrier’s vehicle using such access.
11. In the event of The Company agreeing in writing to give credit to the Purchaser, payment shall be made by the Purchaser, within 28 DAYS from the date of The Company’s statement. Should payment not be received by due date, The Company reserves the right to withhold deliveries until the account has been brought up to date.
12. Ownership of all goods sold and delivered by The Company to the Purchaser shall remain with The Company until the purchase price of all goods ordered shall have been paid in full. If the Purchaser resells the goods its claim to the purchase price on such resale shall automatically be deemed to have been ceded to The Company as security for the Purchaser’s indebtedness to The Company. Any payment made by the Purchaser shall be appropriated at The Company’s sole discretion.
13. In the event of the Purchaser failing to pay any amount on the due date, then such amount shall bear interest at a rate 2% above the overdraft rate charged by The Company’s bankers, or if The Company does not have an overdraft at the time, at the rate which would be charged to it by it’s bankers, subject to the maximum rate prescribed in terms of the latest Limitations and Disclosure of Finance Charges Act, which interest shall be calculated monthly in advance.
14. No failure, delay, relaxation or indulgence on the part of The Company in exercising any right conferred upon it in terms of these conditions shall be construed as a waiver by The Company of any of its rights in terms hereof. The Company has not made any representation or given any warranties not recorded herein. The Company shall not be bound by any agreement or arrangements not recorded in writing and signed by The Company.
15. Any agreement between The Company and the Purchaser in terms of these conditions shall always be conditional upon The Company’s remaining for the time being satisfied as to the customer’s solvency and ability to pay for supplies or services pursuant hereto within the terms of payment herein prescribed or as may otherwise be agreed in writing and in the event that The Company at any time during the course of this contract is not so satisfied or should the Purchaser commit any breach of these conditions, The Company may, in addition to any other remedies to which it may be entitled in law, suspend performance, under the Contract or terminate the Contract. In the event of such suspension or termination The Company shall not be liable in any way to the Purchaser for any loss or damage sustained by the Purchaser or by any other person by reason of any such suspension or termination. Upon any such suspension or termination, the Purchaser shall forthwith pay to The Company all money’s owing to The Company under this Contract whether or not the same shall then otherwise be due to be paid and in the event of the Purchaser’s breach, the Purchaser shall also be liable towards The Company for any damages it may have suffered and for any costs, including attorney and client costs incurred by The Company arising out of the breech.
16. Prices are exclusive of VAT unless otherwise stated. Notwithstanding any prices reflected in quotes, price lists, contracts, confirmations, or elsewhere, all goods shall be charged for at the current price in respect thereof as at the date of delivery of the goods, or as agreed to in writing and signed by a Director.
17. Notwithstanding anything to the contrary herein contained, neither The Company nor its employees or agents shall be liable for any loss or damage of any description, whether direct, indirect or consequential, offered by the Purchaser arising from any cause whatsoever in connection with this Contract or the goods or the use thereof, whether such loss or damage result from breach of contract (whether fundamental or otherwise), negligence or any other cause and whether this Contract is cancelled or not.