Terms and Conditions

SEMI-WORLDWIDE DISTRIBUTORS (PTY), LTD.
STANDARD CONDITIONS OF SALE


Any contact of sale between Semi-Worldwide Distributors (Pty), Ltd. (seller) and its customer
(purchaser) shall be subject to these standard conditions of sale.

1. PRICE, PAYMENT AND INTERENST
1.1 Unless otherwise stated, all prices are net and exclude Sales Tax. Payment must be made by PURCHASER to SELLER.
1.2 Any credit facilities allowed by SELLER to PURCHASER shall be in the discretion of SELLER who may at any time, terminate or cancel such facilities. Unless SELLER has agreed or stipulated otherwise, payment must be made no later than 30 days after date stipulated on the Tax Invoice.
1.3 Interest shall be added on any amount due to SELLER calculated from due date at 1.5% per month or prime overdraft rate (which may be provided by a certificate from SELLER’S bank), which ever is higher.
1.4 If any changes occur in the rates of freight, transport, inflation rates, railage or any other charges applicable to the goods, or if any other of SELLER’S costs (e.g. Cost of Materials or labor increase for any reason beyond SELLER’S control, SELLER shall be entitled to increase its quotation, charges or the price accordingly.
1.5 If the order made by PURCHASER to SELLER is a C.O.D (Cash on Delivery) payment term, unless otherwise agreed, the full amount due to SELLER must be paid within 24 hours (1 day) from the date of collection or delivery.
1.6 If the order made by PURCAHSER to SELLER is a 30 Day payment term, unless otherwise agreed, the full amount due has to be paid on or before 30 days after Tax Invoice Date.

2. DELIVERY AND RISK
2.1 Unless otherwise agreed in writing, the goods shall be delivered at SELLER’S option by road, rail or air.
2.2 Risk of Lost or Damage in respect of the goods shall be deemed to pass to PURCHASER upon delivery.
2.3 Any agreed delivery date shall be approximate. In the absence of an agreed delivery date, delivery shall be affected at the SELLER’S discretion. SELLER will incur no liability to PURCHASER arising from any delay, failure or error in delivery.
2.4 SELLER shall be entitled to withhold delivery and or cancel sale or cancel order if at any time PURCHASER is in arrear with any obligation including any credit debt owing to SELLER, irrespective of the cause of the obligation.
2.5 If SELLER is prevented from delivering any goods at the time stipulated for delivery as a result of instructions or the fault of PURCHASER or for any cause beyond SELLER’S control, PURCHASER shall be liable for all expenses incurred by SELLER in consequence, including for storing and handling.
2.6 No Goods delivered to PURCHASER my be returned to SELLER for credit or replacement without the prior written consent of SELLER, in any event, the costs of storing and transporting any goods returned to SELLER for credit by PURCHASER shall be for PURCHASER account and a handling charge of 10 percent of the purchase price will be levied.
2.7 Unless otherwise agreed, all deliveries (excluding collections) will be charged according to freight and handling fees that will be included on the Tax Invoice that is received by the PURCHASER.
2.8 SELLER shall not be responsible for any cost that might occur by PURCHASER due to defective or faulty goods PURCHASED from SELLER.
2.9 All goods sold to PURCHASER shall be warrantee for a maximum of 30 days from date of Tax Invoice. The warrantee will only be affective for fit, form and function. If the product does not pass any of these requirements’ the PURCHASER must return the goods within the 30 day warrantee period. Goods will not be accepted as “returned goods” without an official RMA number. This number will be given to the PURCHASER only if a valid test report is supplied to SELLER. NO CREDIT or RETURN OF GOODS will be accepted if goods are reported faulty after the warrantee period expired or without a valid test report as stipulated by SELLER.

3. OWNERSHIP AND CESSION AS SECURITY
3.1 Notwithstanding delivery or the granting of credit, the ownership of all goods sold shall remain vested in SELLER until the price shall have been paid in full by PURCHASER to SELLER.

4. PURCHASER shall have no claim against SELLER for any delay or failure to deliver the goods sold or failure to perform any of its obligations as a result of a strike, lock-out, labor unrest, act of war, civil disturbances, shortage or non-availability of raw materials, governmental interferences or any other circumstances outside SELLER’S control or as a result of any other reasonable cause.

5. JURISDICTION AND COSTS
5.1 PURCHASE consents to the jurisdiction of the Magistrate’s Court (notwithstanding that the value of the claim may otherwise be beyond the jurisdiction of that court) or at SELLER’S option, of the supreme Court of South African respect of any matter or claim arising from the sale.
5.2 PURCHASER shall refund the SELLER all legal costs on the attorney and client scale incurred by SELLER in recovering any amount due. Such costs shall include any collection commission payable by SELLER to its attorneys.