The price reflected on the Seller’s invoice shall be paid by the Purchaser without any deduction in accordance with the terms of payment which the parties hereto might from time to time agree.

The Seller shall be entitled to charge interest, from time to time, at the maximum rate permissible in law on all overdue amounts.

The risk in and to the goods purchased shall pass to the Purchaser on delivery thereof. Notwithstanding delivery of the goods, ownership shall remain vested in the Seller and shall not pass to the Purchaser until payment of the purchase price has been made in full.

Any advice or assistance given whether concerning processing or application possibilities technical recommendations or similar indications is given in good faith but without obligation and subject specifically to the exclusion of any liability whatsoever on our part or on the part of our employees or agents.

The seller makes no warranty express or implied regarding the compatibility and/or performance of its products and it is the express responsibility of the Purchaser to determine the suitability of the products for the Purchasers intended application.

The Seller shall not, under any circumstances, be liable for any defects, shortages in delivery or failure of the goods to comply with the Purchaser’s specifications, unless written notice is received by the Seller from the Purchaser in respect of delays in delivery, and/or defective goods within seven days of receipt.

1. The Seller shall not under any circumstances be liable for any losses or damages of whatsoever nature sustained in consequence of the supply of defective packaging, whether such damages are consequential or otherwise.  Any such claims shall be limited to the cost of the packaging only, supplied by the seller.

In the event of the Purchaser committing any breach of the terms of this agreement, all of which are deemed to be material, and/or failing to make payment of any amount on due date, the Seller at its option and without prejudice to any rights in law, shall be entitled to:

1. retake possession of the goods sold and delivered to the Purchaser, in respect of which ownership has not passed; and
2. demand that the Purchaser immediately make payment to the Seller of all amounts in respect of all goods sold and delivered by the Seller to the Purchaser notwithstanding that payment in respect of any such goods might not then be due and payable.

The Seller shall be entitled, but not obliged to institute any proceedings against the Purchaser arising out of any sale in the Magistrate’s Court having jurisdiction. The Purchaser agrees to be liable to the Seller for all legal costs calculated on the attorney and own client scale plus collection commission.

The Purchaser and signatory/ies hereto nominate the Purchaser’s business address as recorded on the company credit application as their domicilium citandi et executandi.

In the event of an order being given to the Seller on the Purchaser’s official order form, the Purchaser shall be estopped from denying the validity of such order, notwithstanding the fact that such order may have been given or signed by a person not authorised by the Purchaser.

The Purchaser shall not be entitled to set-off any amounts, which may be owing to the Purchaser by the Seller, against any amounts owing by the Purchaser to the Seller.

1. The Seller shall, however, enjoy such right of set-off.

No extension of time or any other relaxation or indulgence granted by the Seller to the Purchaser shall operate as, or be deemed to be a waiver by the Seller of any of its rights under this agreement, or a novation of any of the terms and conditions of this agreement.

The credit facilities may be altered or withdrawn by the Seller at any time.

A signed Delivery Note shall constitute prima facie proof that the goods have been delivered to and received by the Purchaser in good condition, whether signed by the Purchaser, an employee, an agent or representative of the Purchaser.

Should the Purchaser have previously entered into either oral and/or written agreement/s with the Seller, the Purchaser agrees that this Agreement shall not constitute a novation thereof.

The Purchaser warrants to the Seller that it has not either entered into a pledge of its movable assets in favour of any other party and/or executed a notarial bond over its movable assets or any portion thereof in favour of any other party. Should, however, the Purchaser have previously executed a pledge or entered into a notarial bond as aforesaid, the Purchaser undertakes to disclose details thereof to the Seller within three days from the date of the execution of this document.

The Purchaser warrants that the information provided to the Seller is true and correct and undertakes to notify the Seller in writing of any change or details given including change of ownership, name or address. Such change shall in no way derogate from my/our liability to the Seller.