Automatic Mass Production (Pty) Ltd 

                Terms

GENERAL CONDITIONS OF SALES

AUTOMATIC MASS PRODUCTION

REG NO: 1979/006716/07

(HERE UNDER REFERRED TO (A.M.P.))

 1)

a)            Prices and specifications issued by A.M.P. from time to time are for information only and do not constitute offers for sale.

b)            Quotations are subject to confirmation by A.M.P. after receipt of notification that they are acceptable.

2)           

a)            Save in so far as may be otherwise specially agreed in writing to the contrary, orders are acceptable only at prices ruling on date of dispatch

b)            Because of variables such as quantities, size, quality extra / deductions etceteras involved prices may differ marginally from advertised prices.

c)            Orders, after acceptance, shall not be subject to cancellation in whole or in part nor to amendment in any manner whatsoever.

3)           

a)          Purchasers shall not return products for any reason without having obtained A.M.P.’s prior agreement.  Where such agreement has been obtained, purchasers shall arrange for the return of such material not later than four weeks from the date of such agreement.  On no account shall rejected material be sold as scrap or otherwise disposed of without A.M.P.’s prior approval.

b)            Should A.M.P. agree to accept the return of any goods for credit, the purchaser shall be liable to pay A.M.P. a handling charge of not less than 10% of the invoiced price of the goods so returned.

4)      

a)            Claims in respect of shortages shall be made in writing immediately upon receipt of products, and no claim for any shortage will be recognized unless made within seven days of receipt of the consignment in respect of which a shortage is alleged.  In the event of non-delivery of any consignment, whether by rail or road purchasers shall notify A.M.P. thereof, in writing within twenty-one days of the date of receipt by them or by the consignee of a copy of the railway or road consignment note.

b)            Claims of a different nature than those mentioned in (a) should be made within the periods and subject to the requirements as outlined in the applicable price lists issued by A.M.P. from time to time.

5)      

a)           Our terms are cash with order, provided that arrangements for payment may at A.M.P.’s discretion, be extended to approved customers, in which event accounts fro all products dispatched during any month shall be due and payable on or before the end of the following month, which shall be deemed to be the due date.

b)         Customers shall not, under any circumstances, for any reason whatsoever be entitled to deduct or set-off any amount from or against amounts due as indicated in A.M.P.’s account, unless we have given such customers prior written authority to do so.

c)         Failure to settle an account by due date, shall entitle A.M.P. to disallow the settlement discount and to charge the customer interest at a rate of 2.5 percentage points above current prime overdraft rate as determined by Standard bank of South Africa from time to time.  Where A.M.P. prices are subject to a settlement discount, this discount is offered specifically in return for early payment and will be allowed only in respect of payments received by A.M.P. before the end of the month during which they fall due.

6)          A.M.P. undertakes to see to it that products supplied by A.M.P. will conform to specifications and / or any requirements specifically accepted by A.M.P. in writing in respect of each order, but, except as aforesaid A.M.P. gives no warranty express or implied, in respect of material, workmanship or fitness of products for any particular purpose, whether such purpose be known to A.M.P., or not, even if A.M.P.’s advice regarding such specifications and / or requirements was solicited and / or obtained.  In the event of the goods proving not to be in accordance with the aforesaid, specifications or requirements A.M.P. shall not be responsible for consequential damages (loss of purchasers profit or any direct or consequential loss, damage) or charges which may arise there from.  A.M.P.’s liability shall be limited to compensating the purchaser either by way of credit or replacement of products to the invoice value of the rejected products, taking into account scrap value.  In case where it was agreed that material will not be returned to A.M.P. requests for credit or for the replacement of material will be considered only if submitted together with the complaint, in all cases not later than one month after delivery and provided that reasonable time be allowed for such replacement.

7)           Every endeavor will be made to dispatch material with due promptitude, or within the time indicated by A.M.P., but A.M.P. shall not in any circumstances be liable for loss or damage caused by non-delivery or late delivery.

8)           In so far as the sale of products may entail the purchaser or his employees or agents entering the property of A.M.P. the purchaser, recognizing the inherent hazards which exists in a factory and / or dispatch depot shall ensure that such precautions as are requisite for the protection of life and property anywhere on A.M.P.’s property shall be taken, and the purchaser shall be liable to A.M.P. for, and shall be deemed to have indemnified A.M.P. against injury or damage to any person or to any property of A.M.P. or of others, caused by or incidental to the negligence or default of the purchaser or of his said employees or agents.  The purchaser hereby indemnifies A.M.P. against all actions, suits, demands, costs or expenses arising in connection herewith either at Common Law or under the Workman’s Compensation Act 1941, or any amendment thereto.  The purchaser or his employees or agents shall produce sufficient proof to A.M.P. of the necessity to enter A.M.P’s property before being permitted to do so.

9)      

a)             A.M.P. retains the right to effect delivery by rail or by road at the customers account unless otherwise agreed in writing prior to dispatch of the goods.

b)            Ownership of the goods shall remain with A.M.P. until A.M.P. has been paid in full therefore.

c)             The risk of loss or damage shall pass to the purchaser at the time when the goods leave A.M.P.’s works unless A.M.P.’s agents are responsible for delivery, in which event risk shall pass on delivery of the goods.

d)           Should any customer appoint its own representative/s or agent/s to effect delivery of the goods the customers assumes all risk and / or responsibility for delivery.  The customer shall have no claim against A.M.P. who shall not be bound by any terms or conditions contained in such contract of delivery.  The customer indemnifies A.M.P. against all and any claims of whatsoever nature arising out of such contract/s

10)        Where customers fail to take delivery of the goods when tendered by A.M.P., A.M.P. shall be entitled to store or have such material stored on behalf of customers.  All costs and damaged relating to the customers failure shall be fore the account of the customer.  A.M.P. shall in such event be indemnified against any loss or damage which may be suffered by the customer, resulting from such storage.

11)        Prices are subjected to Value Added Tax which is excluded from quoted prices.

12)        Purchasers hereby indemnify A.M.P. against all claims, damages, penalties, cost and any expenses to which A.M.P. may become liable by reason of any infringement or alleged infringement of letters patent or registered design arising out of A.M.P.’s performance of a contract in accordance with the purchaser’s specification.

13)          A.M.P. reserves the right without obligation or liability to suspend deliveries or at  its option, cancel unfulfilled part of contract on whole or in part if purchasers fail to fulfill any obligation there under or if by reason of act of God, war (whether declared or not) force majerur, governmental control, storm, fire, tempest, strikes, lockouts, civil commotion, inevitable accident or any other circumstances outside its control A.M.P. prevented in whole or in part from performing its obligation indicated on the invoice document.

14)    The purchaser hereby chooses domicilium citandi at executandi for the institution of any action arising from this transaction at the following address name: 8 Arnold Street Alrode, Alberton if collected or the specified delivery address as indicated on the invoice document

15)        The purchaser consents to the jurisdiction of the Magistrates Court in terms of section 45 of the Magistrates Court Act no 32 of 1944 (as Amended) having jurisdiction under section 28 of the said Act., notwithstanding that the claim by A.M.P. exceeds the normal jurisdiction of the Magistrates Court as to amount shall in discretion be entitled to proceed against the purchaser in any other Court of competent jurisdiction notwithstanding the foregoing.

© Copyright Automatic Mass Production (Pty) Ltd 2006
Last Edited: 2006/03/20