“The Company” referred to below shall be known as FRENCH INDUSTRIES S.A. (PTY) LTD
1. All prices are NETT.
2. a) Payment should reach the Company by the 25th of the Month in which the debt falls due.
b) The Company shall be entitled to charge interest on late payment at 2% above the prime overdraft rate at the time upon which payment was due.
3. All packing is free unless otherwise stated.
4. Goods are delivered free within the Republic of South Africa. Elsewhere goods are placed F.O.R. unless specifically arranged to the contrary. When goods are delivered by the Railway, or any other carrier the cost of such goods will be for the account of the purchaser.
5. Ownership in the goods shall not pass to the buyer until all amounts owing by the buyer to the Company in terms of these conditions have been paid in full.
6. Without prejudice to the Company’s other tights in terms of these conditions, if at any time before ownership has passed to the buyer.
a) The whole or part of the price of any goods sold by the Company to the buyer has not been paid on the due date or;
b) The buyer is the subject of any liquidation, sequestration or judicial management proceedings then the Company shall be entitled to cancel the Agreement with the buyer to which these conditions apply and claim repossession of the goods.
7. Should default be made in paying any sum due for any goods as and when it becomes due, the Company shall have the right either to suspend all further delivered until the default be made good, or cancel any undelivered balance of goods ordered.
8. Risk in the goods shall pass to the buyer on delivery to the buyer or to the buyer’s agent or to the carrier, who for the purposes of these conditions shall be deemed to be the buyer’s agent.
9. Any period or date of despatch quoted is given intended as an estimate and the Company will not be liable for any loss or damage arising directly or indirectly out of delay in despatch. The delivery quoted it based on despatch Law Works and is subject to strikes, lockouts, breakdowns of machinery, deficiency of water, fire accidents or other unforeseen circumstances beyond our control.
10. All goods supplied shall be accepted by the buyer voetstoots without warranty expressed and the Company does not expressly or impliedly warrant or represent that such goods or materials are suitable for the purposes of which they are bought or any other particular purpose.
11. The Company shall in no circumstances be held liable to the buyer or any other person for any loss or damage arising from the use of such goods or materials or any portion thereof or from any alleged defects in them.
12. Without prejudice to the foregoing, the Company will be prepared to replace all goods which in its sole and absolute discretion the Company considers to have been defective by reason of faulty material or workmanship provided that such goods shall have been returned to the Company’s factory carriage paid within 14 days after delivery thereof to the buyer. No other conditions herein set out shall be deemed to perjudice, alter or derogate from the provisions of this clause.
13. No responsibility can be accepted for any loss in transit of weight or volume of products through drying or evaporation.
14. Damage, partial loss or deviation must be notified to the Company in writing within 3 days. Non delivery to be notified with in 14 days.
15. Complaints regarding weight and quantity should be made to the Company in writing within 14 days of delivery.
16. Unless expressly accepted by the Company in writing, any division from the contradiction of these conditions in your order form must be deemed to be and will be treated as inapplicable.