Terms and conditions
Terms and Conditions of Sale of Steel Source Africa (Pty) Ltd (SSA)
The sale of products by Steel Source Africa (SSA) are subject to these terms and conditions, regardless of, other or additional terms and conditions that conflict or contradict this agreement in any purchase order, document, other communication and pre-printed terms and conditions on any customer document (for example purchase orders or confirmations) and/or SSA’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement.
- Price lists issued by SSA from time to time are for information only and do not constitute offers of sale.
- Prices on price lists for material as well as for transport are subject to VAT and prices are shown as exclusive of VAT.
- All SSA quotations made are quotations only and are subject to confirmation by SSA upon acceptance by buyer of the quotation parameters.
- Quotations are subject to available material.
- All customer orders are subject to acceptance and availability by SSA.
- Orders are accepted at prices and transport tariffs ruling at the confirmed/- expected delivery date, unless otherwise specifically agreed in writing. Prices and rates are subject to Value Added Tax, which is excluded in SSA’s price lists.
- The customer/buyer may not cancel or amend orders accepted by SSA without SSA’s consent, which shall not unreasonably be withheld.
- Buyers cannot return material purchased without having obtained SSA’s prior written consent. Where such consent has been obtained, the buyer must facilitate the return at its own cost and risk and in conjunction with SSA.
- SSA undertakes to provide the buyer the following documentation prior to the purchase price being paid:
- 5.1 SSA invoice.
- 5.2 Delivery note.
- 5.3 Mill Test Certificate (if applicable).
- Third party documents to be allowed except for commercial invoice.
- Spelling and typographical errors in documents to be ignored unless same materially affect quantity or value of product supplied.
- Invoicing will be done on Theoretical weight basis unless otherwise stipulated in the sales order.
- SSA’s payment terms are cash with order. However, payment may be extended to approved buyers at the discretion of SSA. In such event accounts for all goods dispatched during any month shall be due and payment must be reflected in SSA’s bank account as follows:
- 1.1 In the event of 30 day terms, on or before the last day of the month following month of dispatch, or
- 1.2 In the event of 60 day terms, on or before the last day of the second month following month of dispatch.
- 1.3 If payment terms other than the above have been discussed and agreed upon, the sales order / invoice must specifically state these terms and the payment due date, which will replace 1.1 / 1.2.
- The payment due date shall be deemed to be either 1.1, 1.2 or 1.3 depending on the agreed terms for the specific order. Where the last day of the month falls on a Saturday / Sunday and/or public holiday, payment should be effected the immediate previous week day.
- Buyers shall not under any circumstances be entitled to deduct or set-off any amount from or against due amounts as indicated in SSA’s monthly statement, unless SSA has given such purchaser prior written consent to do so.
- Failure to settle an account by due date shall entitle SSA to disallow any settlement discount, and to charge the buyer interest at a rate of 2% per month as from the due date, monthly in arrears on a reducing balance basis. Any amount paid, will be apportioned to interest first and thereafter to the outstanding account. Furthermore, SSA may elect to cease deliveries of any other orders until the account (and interest if applicable) has been settled in full.
- Where SSA’s prices are subject to a settlement discount, the discount is offered specifically in return for early payment and will be allowed in respect of payments received on or before due date as specified in 1.1, 1.2 or 1.3.
- No interest will accrue to the buyer as a result of any advance payment.
- The buyer has the right to have the goods inspected before taking delivery or upon receipt of the goods. Such inspection must be done by any inspection organisation agreed upon by both the buyer and SSA. The inspection fees shall be borne by the buyer.
- Should any shortage variation in weight/quantity in excess of 0.5% (zero comma five per centum) be established in the goods upon delivery by SSA, the buyer has the right to raise a claim within 7 days of the date of delivery. In order to substantiate a claim, the buyer must inform SSA in writing of the details of the claim together with a copy of the relevant rail or road consignment note and the buyer must submit to SSA a weight certificate issued or confirmed by a surveyor of international standard that shows the details of the materials received and the calculation on the basis of weighing the goods on a calibrated weigh-bridge. If the weight/quantity variation of the material delivered is less than 0.5%, then SSA shall not consider a weight/quantity claim.
- For any quality claim or any other claim related to the condition of the goods, the buyer must raise the claim within 30 days of the delivery of the goods. Such claim must be supported by an inspection certificate as referred to under the clause “INSPECTION”.
WARRANTY AND LIMITATIONS
- SSA undertakes to supply goods that will conform to SSA written specifications and/or to requirements specifically stipulated by SSA on the Sales Order. However, SSA gives no warranty, express or implied, in respect of goods, workmanship or fitness of material for any particular purpose, whether such purpose be known to SSA or not, even if SSA’s advice regarding such specifications and/or requirements was solicited and/or obtained.
- Notwithstanding anything herein to the contrary, SSA shall not be liable for any consequential, incidental, punitive or special damages including but not limited to the replacement of the product, which may arise or result there from.
- Any dispute or claim arising out of or in connection with any contract concluded, shall firstly be subject to amicable negotiation for a period of 20 days between the buyer and SSA. If agreement is not reached within that period then the dispute shall be referred to and finally settled by arbitration in Pretoria, South Africa under the Rules of AFSA by an arbitrator so appointed. Arbitration costs shall be part of the arbitrator’s award. The arbitration proceedings shall be in English.
- Dates or periods for delivery to be approximate and are given for information only and shall under no circumstances be deemed as essential terms.
- A delay in delivery including delivery later than the date or dates provided in the contract documents shall not constitute a breach of contract and shall not entitle the buyer to resile from the contract or to any other remedy unless SSA has guaranteed the date of delivery in a written warranty which expressly amends the provisions of this clause.
- Goods are dispatched loose and/or in bundles of approx. 1 or 2 tons or as otherwise stipulated in the Sales Order.
DELIVERY AND OWNERSHIP
- SSA retains the right to affect delivery by rail or road at the buyer’s cost unless otherwise agreed in writing prior to placing the order.
- Ownership of the goods shall remain with SSA until SSA has been paid in full.
- The risk of loss or damage shall pass to the buyer on delivery of the goods.
- Subject to prior written notification, the buyer may appoint his own representative or agent to effect delivery of the goods. In such event, the buyer assumes all risk and/or responsibility for delivery and risk in the goods transfer to the buyer as soon as the buyer or its agent takes control of the goods from SSA. The buyer shall have no claim against SSA, who shall not be bound by any terms or conditions contained in such contract of delivery. The buyer indemnifies SSA against all and any claims of whatsoever nature arising out of such contract/s.
- Should the buyer and/or his representatives and/or agent/s fail to take control of the goods within 14 calendar days after being informed by SSA that the goods are ready for dispatch, the buyer will be invoiced as if the goods had been dispatched. The risk of loss or damage with respect to the goods shall pass to the buyer upon the expiry of the aforesaid 14 day period.
SUSPENSION OF DELIVERIES
SSA may, without notice and without prejudice to any of its rights, suspend delivery of its goods, if the buyer fails to fulfil any of its obligations in terms of this contract or in connection with any further order by reason of any act of God, war (whether declared or not), force majeure, governmental control, storm, fire, strikes, lockouts, riots, civil commotion, breakdown or partial failure of plant or machinery, inevitable accident or any other circumstances beyond its control or if SSA is prevented wholly or in part from fulfilling its obligation under this contract.
OFF LOADING MATERIAL AT THE BUYER’S ADDRESS
The transporter will deliver the goods to the buyer’s desired destination. This does not include the physical off-loading of the goods from the transport vehicle. The buyer will attend to this.