thermal products engineering durban

Terms & Conditions

Terms & Conditions of Sale

  1. DEFINITIONS
    • “the Company” means Macrotec (Pty) Ltd, as well as any affiliated companies, successors-in-title, subsidiaries, trading divisions and assigns;
    • “Contract” means a contract concluded between the Customer and the Company for the supply of Goods and/or rendering of Services by the Company to the Customer;
    • “the Customer” means the party indicated in the credit application form and/or the Customer of the Goods supplied or the recipient of the Services rendered by the Company;
    • “Affiliates” means, in relation to the Company or the Customer, the entities that form part of a group structure comprising of subsidiaries, fellow subsidiaries and/or holding companies and any entity that is managed or controlled by any of the aforesaid entities;
    • “Goods” means the Goods supplied by the Company to the Customer;
    • “Services” means the Services rendered by the Company to the Customer;
    • “Specifications” means any one or more of technical specifications, designs, measurements, instructions, itemised details, plans, drawings and programs that have been expressly accepted by the Company in wiring in respect of a Contract or
  1. THIS AGREEMENT
    • This Agreement shall govern the supply of Goods and the rendering of Services by the Company and, where applicable, by the Company’s Affiliates to the Customer and shall take precedence over any terms and conditions which may be contained in any of the Customer’s documentation, including its purchase orders and will govern all transactions between the Company, its Affiliates and the If there is a conflict between this Agreement and any of the terms and conditions contained in a Contract or the Company’s or its Affiliates’ other documentation, the provisions of this Agreement will prevail.
    • The Company’s acceptance of the Customer’s purchase order is expressly conditional upon the Customer agreeing to the provisions of this When the Customer places a purchase order with the Company, the Customer will be deemed to have accepted the provisions of this Agreement, and the corresponding quotation.
    • Should the Company so require, the Customer shall provide the Company with such security as the Company in its sole discretion may
  1. CREDIT FACILITIES
    • The Customer acknowledges that the granting of credit facilities to it is at the sole discretion of the
    • The Company reserves the right to suspend or withdraw the Customer’s credit facilities at any time if the Customer is in default under this Agreement, a Contract or any other agreement concluded with the Company or any of its
    • The Company reserves the right, to be exercised at its discretion, to reduce or increase the credit limit under the credit facilities granted to the
  • If the Customer exceeds its credit limit, the Company reserves the right to suspend all further deliveries of Goods or the rendering of Services until such time as the Customer brings its account within its allocated credit
  • Whatever credit limit is granted to the Customer, shall not be deemed to be a limit of the Customer’s indebtedness to the
  • Should the Company permit any credit limit to be exceeded, the liability of any surety or validity of any cession of debtors will not be limited to such credit
  1. ORDERS
    • The Customer’s order shall constitute an irrevocable offer to purchase the Goods or contract the Services in question from the Company and shall be capable of acceptance by the Company expressly by issuing a written acceptance of order, impliedly or by the Company’s conduct.
    • The Customer shall bear the risk of any errors of misunderstandings arising from oral
    • No variation or withdrawal of an order made by the Customer shall be valid unless the Company specifically confirms such variation or withdrawal of the order in writing to the Customer.
    • 4If the Company, at its sole discretion, accepts the cancellation of an order, it reserves the right to charge the Customer for all the cots it has incurred up to the date of the cancellation at its prevailing
  1. PRICES
    • Unless the Company provides the Customer with a written quotation, which the Customer accepts within the period for which the quotation is valid, the price of the Company’s Goods and/or Services will be the Company’s official list price/rates at the date of delivery of the Goods or the date of the rendering of the
    • The Company reserves its right to vary any quoted price by adding thereto the increased costs to it of any Goods or Services resulting from any adverse fluctuation in the rate of exchange, or increase in surcharge, government duty, freight or any other costs of importation, or increase in the costs of material, transport, labour or insurance between the date of quotation and the date of delivery of the Goods or rendering of the Services or for any change in the scope of supply subsequent to The rate of exchange is stated on the quote, with the % of quote subject to exchange rate fluctuations, and the quote will be adjusted to take into account the actual rate of exchange for the equipment.
    • Unless otherwise stipulated in the Contract, delivery shall be “ex the Company’s works” and the price shall exclude packaging, freight and insurance during
  1. PAYMENT
    • Where a credit facility has been granted by the Company to the Client:
      • The Customer shall effect payment to the Company on or before the last working day of the following month in which the Goods were delivered or the Services supplied (30 days from Statement). No discounts may be claimed or taken unless the Company has agreed to such discount in writing and the

Customer has effected payment within the payment period allowed for such discount.

  • The Company reserves the right to request a deposit, grant a credit facility with a deposit upon placement of an order, or to request a deposit on a special order or on non-standard
  • Where no credit facility has been granted by the Company to the Client:
    • The Customer shall effect 50% payment to the Company on placement of the order, and 50% on the date factory No discounts may be claimed or taken.
    • On any order that includes transport or installation, the Customer shall effect 50% payment to the Company on placement of the order, and 50% on the date completion, for the amounts listed as Transport or Installation on the Quotation.
    • On projects longer than 60 days a progress payment will be due after 45
  • The Customer carries any risk associated with or arising from the method or manner elected to effect payment to the The Customer shall only be regarded as having effected payment to the Company once the payment has been received in the Company’s bank account and cleared by its bankers.
  • If any payments due to the Company are subject to withholding tax, the Customer shall pay the Company an additional amount so that the Company receives full payment that it’s due to
  • Unless otherwise expressly agreed in writing, all payments are to be in South African
  • The Customer shall not be entitled, for any cause whatsoever, to withhold, deduct from or defer any amount due by it to the All payments shall be free of exchange and set off.
  • The Customer shall not be entitled to withhold or deduct any amount as retention.
  • The Company may appropriate payments from the Customer to any such outstanding amounts as it deems
  • The Company reserves the right to levy interest on all overdue amounts at 4% (four percent) above the then current commercial bank prime overdraft rate as quoted by its banker from time to
  • The Customer must notify the Company of any error in any invoice and/or statement submitted to it by the Company within 14 (fourteen) days from the date of the invoice and/or statement concerned, failing which the invoice and/or statement will be deemed to be free of any
  1. DELIVERY OF GOODS AND COMPLETION OF SERVICES
    • The date of delivery of the Goods will be deemed to be the date when the Goods are delivered to the Customer’s nominated delivery address or the date on which the Company notifies the Customer that the Goods are available for is Any third party who collects the goods from the Company will be deemed to be the Customer’s agent. The Company may effect delivery in one or more instalments and each instalment shall be treated as a separate transaction.
    • The date of completion of the Services will be deemed to be the date on which the Goods to which the Services related are ready to be used and a certificate issued by the Company’s engineer/project manager or their assistant shall be prima facie proof of this The Customer undertakes to grant the Company or its subcontractors access to the site/s where the Services are to be rendered and neither the Company nor its subcontractors shall be liable for any loss and/or damage caused to any person and/or property as a result of the entry and/or activities of the Company or its subcontractors in the rendering of Services.
    • The Customer warrants that the signatory to any tax invoice, delivery note or any other documentation of the Company made out in the name of the Customer is duly authorised to bind the Customer in relation to the transaction and shallconstitute prima facie proof of the proper delivery of the Goods or rendering of the Services to the Customer.
    • Time shall not be of the essence in respect of any Contracts. The Customer shall not be entitled to cancel any order or Contract by reason of any delay and the Company shall not be liable for any damages for failure to timeously effect delivery of the Goods or to complete the Services by a specific date or time for any
  1. DISCREPANCIES
    • Unless the Customer notifies the Company in writing within 7 (seven) days of the date of delivery that the Goods delivered are defective, short delivered, damaged or not in accordance with the order, the Company shall not be liable for any of the aforesaid discrepancies, provided that the Customer’s notification shall have no probative value.
    • Once the Company has satisfied itself of the validity of the Customer’s complaint, the Company will determine, at its absolute discretion, the manner in which it resolves such
  1. SPECIFICATIONS
    • The Company’s obligations are to supply the Goods per the Customer’s
    • If any Goods or Services are to be supplied in accordance with Specifications furnished by the Customer, the Customer shall not have any claim of any nature whatsoever against the Company for any loss or damage sustained by the Customer or any third party as a result of any error, discrepancy or defect in those Specifications or if the goods in question are not suitable for the purpose for which they are required, whether that purpose was known to the Company or
  1. VARIATIONS
    • The Company shall supply the Goods and/or render the Services strictly in accordance with the terms of the Contract.
    • In addition to clause 5 (PRICES) above, should the Customer require variations to the Goods, including the quantities thereof, or the Services or should the Company be hindered, delayed or prevented from supplying the Goods or rendering the Services or be exposed to extra costs due to extensions or omissions from any order/Contract, deviations from the Specifications, late, defective or non-receipt of information or by any other act, default or omission by or on behalf of the Customer ,the Company shall be entitled to an appropriate variation to the price relating to the Goods or Services in question or any other obligation of the Company.
  1. RISK & OWNERSHIP
    • Risk in the Goods will pass to the Customer on the date of delivery but ownership in the Goods shall remain vested in the Customer until the full purchase price for such Goods is paid to the
    • If the Customer delays or fails to accept delivery of the Goods in any manner, the risk in such Goods shall pass to the Customer as soon as the Company attempts to deliver same to the Customer, or as soon as the Company notifies the Customer that the goods are ready for collection.
    • While any amount is owed by the Customer to the Company in respect of any Goods, the Customer shall be obliged to keep the Goods concerned free of any lien, hypothec, encumbrance and/or attachment and shall ensure that the Goods do not accede to any property, whether movable or
    • The Customer shall take all such steps as may be necessary to notify interested third parties and inform the owner/landlord of the premises at which the Goods are kept of the Company’s ownership of such
    • The Customer shall fully insure the Goods against loss or damage until it has paid the full purchase price to the All benefits in terms of such insurance policy shall be ceded to the Company.
    • The Company is entitled to enter the Customer’s premises during working hours to remove the Goods supplied to the Customer should the latter fail to effect payment therefor without Court
  1. LIEN
    • Unless the Company has received full payment in respect of the Services, it shall be entitled to exercise a lien over the Goods in respect of which the Services were rendered, irrespective of whether or not the Customer has paid the Company for the Goods concerned, until the Customer settles all amounts due in respect of the
    • The Company shall also be entitled to exercise a lien over the Goods in respect of which the Services were rendered as security for any amounts owed by the Customer to any of the Company’s Affiliates.
  1. RETURNS
    • Goods sold by the Company are sold voetstoots and are not returnable save with the written consent of the Company or as provided for in the Consumer Protection Act 68 of 2008, in the event that it is applicable.
    • Should the Company in its absolute discretion elect to accept the return of any Goods, it will furnish the Customer with written notification and the Goods must be immediately returned to the Company, at the Customer’s cost, with the corresponding invoice and they must be undamaged and saleable. The Risk of the Goods shall remain with the Customer until the Goods are received by the
    • Goods shall be deemed to be delivered to the Company by the Customer only upon the Company physically having a representative acknowledge such receipt.
    • The Company reserves the right to levy a handling charge of 30% (thirty percent) in respect of any such returned
  1. WARRANTIES
    • Any statutory warranties required to be made by the Company shall apply if and when applicable. In any other instance the warranty shall be as contained in paragraphs 14.2 through to 5.
    • The Company only extends a suppliers warranty in respect of the Goods to the Customer and no Furthermore, any defect or problem with the Goods

must be notified to the Company within 7 (seven) days from the date of delivery, failing which the warranty will not be honored.

  • Subject to paragraph 2 above, the Company’s obligations under the above warranty are strictly limited to the repair or replacement of the defective Goods or the correction of any defective Services or a credit of the invoiced value of the defective Goods. The Company will give effect to the warranty, at its sole discretion, provided that the Customer notifies the Company of the defect in writing before the expiry of the warranty period.
  • The above warranty does not apply to Goods used other than for the intended purpose, or for defects arising through fair wear and tear or neglect or to Goods that have been damaged or rendered defective through incorrect application or installation by a third party, misuse or abuse, improper storage, impact, attempted repairs by the Customer without the Company’s prior written approval, breakdown caused by another product or the negligence or fault of the Customer or a third
  • Save for the above, the Company gives no warranties of whatsoever nature, whether express or implied, in respect of the Goods or
  1. LIMITATION OF LIABILITY AND INDEMNITY
    • Any liability of the Company for direct loss or damage arising from a breach of a Contract or this Agreement shall not exceed the total price paid or due to be paid by the Customer for the Goods or Services that form the subject matter of such Under no circumstances will the Company be liable for any indirect, consequential, special or delictual loss or damage of any nature and howsoever arising which may be suffered by the Customer or any third party as a result of or in connection with the Goods and/or services or any transaction contemplated therein.
    • In addition to the above, the Customer hereby indemnifies the Company for and holds it harmless against any claim, damage, loss, cost or expense, of whatever nature, made against the Company by any third party arising from or associated with the Goods or the Services, the Customer’s use, installation, operation or storage of the Goods, the Customer’s representations to third parties in respect of the goods or the Services for any third party’s use of the goods or any other matter for which the Company would not be liable to the Customer under this
  1. BREACH
    • If the Customer fails to pay any amount on its due date, or suffers any civil judgment being taken or entered against it, or commits an act of insolvency, or is placed under sequestration, liquidation or business rescue proceedings, or makes or attempts to make any general offer of compromise with any of its creditors or sells its business or changes the structure of its ownership, the Company shall, without prejudice to any other remedies that it has available to it, be entitled to:
      • suspend or cease performance of its obligations to the Customer until the Customer’s breach has been remedied; and/or
      • summarily cancel a Contract; and/or
      • repossess any Goods which have not been paid for; and/or
      • exercise its lien over any Goods or any of the Customer’s property in its possession or under its control; and/or
      • summarily cancel this Contract or claim specific performance of all of the Customer’s obligations whether or not such obligations have fallen due for performance, in all events without prejudice to the Company’s right to claim
    • If the Customer or any of its Affiliates have failed to timeously effect payment of an amount owed to the Company or any of its Affiliates, same will be regarded as a breach of this Agreement enabling the Company to exercise any of its
  1. FORCE MAJEURE
    • The Company will not be liable to the Customer for failing to perform its obligations in terms of this Agreement as a result of an act of God or any cause beyond its control.
    • If the force majeure event continues for a period longer than 90 (ninety) days, either party may terminate the Customer’s outstanding orders in writing and the Customer shall pay the Company for the Services rendered and Goods delivered as at the date of such termination and all reasonable expenses incurred by the Company in relation to such termination.
  1. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIAL INFORMATION
    • The Company shall retain ownership of its confidential information and all of the intellectual property rights in respect of the Goods, whether same have been registered or
    • Without limiting the above, the Customer shall not, directly or indirectly, and whether for reward or not, at any time use, exploit or disclose any of the Company’s confidential information as the methods of manufacture, plans, drawings, price lists, documents or any other information relating to the Goods or Services to a third The Customer hereby indemnifies the Company against any loss suffered by the Company as a result of the Customer breaching this clause.
    • The Customer hereby indemnifies and holds the Company harmless against all claims and expenses of whatever nature and description arising from the alleged or actual infringement of any third party’s intellectual property rights occasioned by the Company’s’ performance of any Contract.
  1. CESSION AND ASSIGNMENT
    • The Customer shall not be entitled to cede its rights or assign its obligations under this
    • The Company shall be entitled to cede its rights or assign its obligations under this Agreement and such cessionary shall be entitled to enforce its rights hereunder and in terms of any security furnished by the Customer to the Company against the Customer and/or the party that provided such security in respect of the Goods and/or Services supplied and/or rendered by the Company and the Goods and/or Services supplied and/or rendered by the cessionary to the
  • The Company may subcontract its obligations hereunder without the Customer’s
  1. LEGAL PROVISIONS
    • This Agreement and all transactions between the Customer and the Company shall be governed and decided upon in accordance with the laws of the Republic of South
    • The Company shall, at its option, be entitled to institute action in the Magistrate’s Court, notwithstanding that the amount of its claim exceeds the jurisdiction of such Court. This provision shall not preclude the Company from instituting action against the Customer in any other competent court with
    • A certificate issued by an director or manager of the Company, whose authority, appointment and signature it shall be necessary to prove, that purports to certify any indebtedness of the Customer to the Company, delivery of the Goods to the Customer, rendering of the Services to the Customer or any other fact shall constitute prima facie proof of such indebtedness or delivery or rendering of Services or any other
    • The Customer shall be liable for the Company’s legal fees in the event of the Company enforcing or defending its rights hereunder on an attorney and own client scale, including Counsel’s fees on brief, tracing agent’s fees and collection
  1. DOMICILIUM
    • All notices by the one party to the other shall be given in writing by prepaid registered post, email, or delivery by
      • The Company at 11 Bauhinia Road, Stanger, KwaZulu-Natal.
      • The Customer at the address as provided by the customer. Failing this the address stated on the Quotation or Invoice to the Customer or as registered with CIPC.
    • A party may change its domicilium by furnishing the other party with 7 (seven) days’ written notice of its new physical
  1. WARRANTY
    • The Company gives no warranty in respect of Goods sold and delivered to the Customer apart from the manufacturer’s warranty which is to be honored by the manufacturer as an entity separate from the
  1. GENERAL
    • This Agreement constitutes the entire agreement between the parties relating to the subject matter No party shall be entitled to rely upon any term, warranty, guarantee, condition or representation, unless it is contained herein.
    • No amendment of this Agreement and no extension of time, waiver or relaxation of any of the provisions of this Agreement shall be binding, unless recorded in a single document signed by both the
    • No relaxation or indulgence shall prejudice or be deemed to be a waiver of any of the Company’s rights
  • Each provision of this Agreement is severable, the one from the If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to be of full force and effect.
  • The rule of construction that this Agreement be interpreted against the party responsible for drafting this document shall not apply.
  1. DISCLOSURE OF INFORMATION
    • The Customer hereby consents and grants authority to the Company to conduct credit checks, searches and the like with any credit agency or party which the Company may at its discretion consider expedient or necessary, inter alia, for the purpose of ascertaining the credit worthiness of the Customer in order to trace the Customer or any of its
    • The Company shall be entitled to record any adverse credit report with any agency or person. The Customer acknowledges that the application fro and existence of any account with the Company may be recorded by credit agencies and details of the conduct of the amount may be given to the duly recorded and shared with other persons for various
    • The Customer hereby waives any claim and indemnifies and holds the Company harmless against any claim from any nature and howsoever arising from the aforesaid
  1. ARBITRATION
    • The Company has the sole option to refer any dispute arising hereunder in connection with any agreement to arbitration, which arbitration shall bind both the Company and the
    • The arbitrator must be a person agreed upon between the parties or, failing such agreement, an arbitrator must be appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of Southern Africa.

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