1. In these conditions of Sale “the Supplier” shall mean CJP Chemicals (Pty) Ltd and the “customer” shall mean the person/enterprise/company with whom the Supplier contracts; unless the context otherwise requires, the wording imparting the singular shall include the plural and vice versa.
2. Any period or date of dispatch quoted is given and intended as an estimate only and the Supplier shall not under any circumstances be liable for any loss or damage arising directly or indirectly out of delays in such dispatch.
3. Risk in the goods shall be deemed to have passed to the Customer on delivery of the goods to the Customer by means of the Supplier’s transport, or in the event that the Supplier does not make delivery of the goods, on delivery thereof to either the Customers carrier or any other carrier, notwithstanding that the carriers charge might be paid by the Supplier. However, ownership in the goods delivered remains vested in the Supplier until the entire purchase price shall have been paid.
4. No claim for shortages in delivery or damage in transit can be entertained unless noted on the Suppliers copy of the Delivery Note and confirmed in writing three (3) days after delivery.
5. The Customer agrees that the signature of any agent, contractor, sub-contractor or employee of the Customer on the Suppliers official delivery note/invoice/waybill, or delivery note of any authorized independent carrier will constitute delivery of the goods purchased.
6. In the event that the Supplier agrees to effect delivery by its own vehicles or those of a transport contractor to the Customer at its place of business, then offloading will be effected by the Customer’s own employees at the sole risk of the Customer who will be responsible for all damages whatsoever nature caused by or as a result of such offloading. The Suppliers employees may, if so requested, assist with such offloading, but only at the sole risk of the Customer.
7. When the Customer collects goods from the Supplier using its own or its agents transport, then such collection will be entirely at Customer’s risk and the Customer will be liable for all damages whatsoever nature caused as a result of or during such collection.
8. The Customer agrees to abide by the credit terms granted by the Supplier; credit terms shall at all times be at the sole discretion of the Supplier and may altered or abolished at any time without prior notice to the Customer.
9. If payment of any particular purchase made is overdue, the Supplier reserves the right to suspend all further deliveries of goods to the customer to the customer and the purchase price for all purchases made from the Supplier shall immediately become due and payable.
10. In the event of any liability by the Supplier arising from breach of contract it is agreed that the maximum amount of damages recoverable shall be limited to the contracted price for the Product. In no event shall the Supplier be liable for consequential, special, punitive or exemplary damages in connection with or arising out of the application for Credit and the Suppliers terms and conditions of sale.
11. Under no circumstance shall the Supplier be liable for any damage arising from any misuse, abuse or neglect of the goods.
12. Except where the claim arises as a result of negligence of the Supplier, the Customer shall indemnify the Supplier in respect of any claim which may be made against the Supplier arising in connection with the Customer’s use of the products.
13. The Customer shall perform a reasonable inspection of the product supplied within fourteen (14) days after delivery. If any of the supplied product is rejected because of non-conformity to specifications, the Customer shall have the right to return it to the Supplier only after inspection by the Supplier and receipt of definite shipping instructions from the Supplier, such inspection to be made and instructions to be given by the Supplier within thirty (30) days after notice of rejection by the Customer. Failure to give written notice within thirty (30) days from date of delivery constitutes an unqualified acceptance by the Customer and a waiver by the Customer of all claims in respect of the product.