The following CONDITIONS OF SALE will apply to all sales by Leselo Trading CC, herein after referred to as the seller, to the buyer. These conditions will form an integral part of all       contracts/orders except when otherwise stated in said contract/order and reduced to in writing.
 

 Purchase Orders

 Any contract/order between the seller and buyer shall be in writing in the form of an official purchase contract/order, issued by the buyer. This document will contain all relevant information, i.e.   full description, drawing and/or part numbers, quantity, unit price, delivery period and full delivery address.
 

 Drawings

 If a drawing number was referred to in the description at date of tender and the purchase contract/order does not clearly indicate the drawing mentioned in our quote, the material detailed on the   drawing shall be deemed to be the correct material. Should the material proof to be incorrect, all costs incurred in returning the material to our premises, Customs Duty and VAT included, will   be for your account plus a handling charge that will be calculated on each individual case.

 Payment
 If payment is not made on the due date, where an account exists between the seller and the buyer, then the seller may, without prejudice to any other rights it may have, charge interest on the   amount due at the prevailing SA bank overdraft rate plus 2%.
 In cases where such an account does not exist, payment by bank transfer, letter of credit and/or electronic fund transfer will only be deemed to have taken place once the funds have been   cleared and accepted by our bankers.

 Delivery
 The delivery period quoted at date of tender is based on the prevailing conditions. Every endeavour will be made to adhere to the period quoted. However, penalties for late delivery cannot be   accepted. The seller shall not be responsible for any claims for damages or loss howsoever arising from any delays in delivery. When the material is not delivered direct to consignee, delivery   shall be deemed to have been affected when the   goods are delivered to your nominated freight forwarder/transporters.
 

 Ownership, Risk and Exclusion

 Notwithstanding delivery of any goods, ownership shall not pass until the purchase price has been paid in full.

• The risk shall pass to the buyer on date of delivery.
• The seller shall be exempted from and not be liable for any indirect or consequential damages of any nature, or, any loss of profit or special damages of any nature, whether in the contemplation of the parties or not, which the buyer may suffer as a result of any breach by the seller or its obligations hereunder.
• Any recommendation or suggestion relating to the use of the goods made by the seller either in technical literature or in response to a specific enquiry, is given in good faith but it is for the buyer to satisfy himself of the suitability of the goods for his particular application and he shall be deemed to have done so.

 Warranty

• The seller warrants to the buyer that the goods supplied are in accordance with any specifications specified in the contract, or if there is no such specification to be within the normal limits of industrial quality.
• The seller’s liability under this warranty shall be limited to replacing any goods proofed to be defective or, at the seller’s option, reimbursement of the price received by the seller for the goods.
• The seller shall not be liable to replace any goods in a consignment, unless it receives written notice from the buyer within 21 days after delivery, giving full and explicit details of the defect, supported by documentary evidence and photographs depicting clearly the defect to enable the seller to investigate the complaint.

 FORCE MAJEURE
 The buyer shall not have any claim of any nature whatsoever against the seller for any failure by the seller to carry out any of its obligations under the contract/order as a result of Force Majeure.

1. The seller shall be entitled to cancel or delay deliveries, or to reduce the mount delivered, if it is prevented from or hindered in or delayed in manufacturing or delivery by normal routes or means of the description covered by the contract/order, through Force Majeure
2. For the purposes of (a) and (b) above, Force Majeure shall include without being Limited to, strikes, lockouts, accidents, shortages or unavailability of raw materials from normal sources or routes of supply or unavailability of labour, any default or delay of sub-contractors, riots, political of civil disturbances. the elements, any act of any State or Government of any other authority, or any cause beyond the seller’s reasonable control.

 CANCELLATION AND SUSPENSION
 (a) The seller may cancel the contract/order or any uncompleted part of it, if
      the buyer:
   (i)  commits a breach of any of the terms or conditions of the contract/order; or

  (ii) being an individual, is provisionally or finally sequestrated, or surrenders his estate; or

  (iii) being a partnership, the partnership is terminated; or

  (iv) being a company, is placed under a provisional or final order of liquidation or judicial management; or

   (v) compromises or attempts to compromise generally with any of the buyers creditors.

 (b) The seller’s remedies in (a)(i) above, shall not be exhaustive and shall be without prejudice and in addition to any other   
      remedies it may have.

 (c) No relaxation which the seller may allow on any one occasion for the carrying out of the buyer’s obligation shall
        prejudice or be a waiver of the seller’s right to enforce obligations on any other occasion.

 (d) Upon the termination of the contract/order for any reason whatsoever:

      (i) all amounts owed by the buyer to the seller in terms of the contract/order shall become due and payable forthwith;

     (ii) the seller may retake possession of any goods in respect of which ownership has not passed;

  (e) If any amount owned by the buyer is not paid on due date, then without prejudice to any other right the seller way have,
        it may immediately suspend any outstanding contract/order until payment has been made in full.
  
 CESSION

 The buyer may not cede any of his rights under the contract without the seller’s consent.

 LAW AND JURISDICTION

 The validity of the contract, its interpretation, the respective rights and obligations of the parties and all other matters arising in any way out of it or its performance or expiration or   earlier termination for any reason, shall be determined in accordance with the laws of the Republic of South Africa.

 ARBITRATION
 Any dispute which cannot be settled by negotiations between the seller and the buyer may at the seller’s discretion be submitted to arbitration in accordance with the Arbitration Act, Act No 42     of 1965 or any amendment thereto or any law passed in substitution thereof.

 AMENDMENTS

 No alteration or amendment of the contract shall be of any force or effect unless it is recorded in writing and signed by any Member of the seller.

 INTERPRETATION
 The headings in these conditions are for convenience only and are not to be taken into account for the purposes of interpreting the contract/order.