Conditions

Loss or Damage in Transit

The Company shall not be liable for loss or damage to Goods in transit.

Inspection




	Conditions of Contract

CONDITIONS OF CONTRACT governing all contracts for the sale or supply of goods or services by Amphenol Terrier Technologies Systems ("the Company"). In these Conditions:

"Buyer" means any person at whose request goods or services are supplied by the Company and "Contract" means a contract between the Company and the Buyer for the sale and purchase of goods; and "Goods" means any goods or replacements therefore together with any services / workmanship supplied to the Buyer under the Contract.

These conditions shall apply to every contract entered into with the Company except as varied by express agreement in writing singed by a director or authorized person on behalf of the Company.


	Formation & Parties

	The Buyer's order (in whatever manner communicated) to the Company is an offer to enter into a contract to purchase the Goods. Acceptance occurs and the Contract is formed when the Company accepts the order.
	A quotation by the Company does not constitute an offer. Quotations are valid for the period of 60 days from date of issue.
	The Company shall be entitled to sub-contract all or any part of the Contract as it may think fit
	The Contract is not cancellable by the Buyer without express written agreement of the Managing Director of the Company.
	If the Company agrees cancellation by the Buyer, the Buyer shall compensate the Company in full against all expenses incurred up to the time of cancellation together with a reasonable amount of loss of profit.


	Price

	Prices quoted for South African orders are ex-works and exclusive of Value Added Tax.
	Prices quoted for export orders are ex-works or agreed at the time of quotations as FOB Terrier Technologies ex works.
	The orders will be priced firm fixed price or subject to an agreed variation of price dependent on the time scale and prevailing economic conditions.
	The Company reserves the right to vary the price of Goods by any amount attributable to a change in or insufficiency of Buyers instructions or a difference in the exchange rate form the quoted exchange rate amount.


	Delivery

Unless otherwise agreed in writing delivery dates are estimates only. Time of delivery is not of the essence of the Contract. Unless otherwise stated, delivery periods commence from date of Acknowledgement of Order. The Company shall use its reasonable endeavors to deliver the Goods by the stated delivery date, but may suspend or delay delivery and shall not be liable for any loss whatsoever in the event of late delivery or non-delivery of Goods or any installment owing to any occurrence whatsoever beyond its control. The Buyer shall not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract.

	The Buyer shall inspect the Goods immediately upon receipt and shall be deemed to have accepted the Goods as delivered if he fails to notify the Company of any defect or lack of conformity with the Contract within 14 days after receipt.
	The Company shall make good shortages notified to it as soon as reasonably practicable but shall not be liable for any other loss whatsoever arising from such shortage.
	The Company's liability for Goods lost or damaged in transit shall in all circumstances be limited to (at the Company's option) the remedying, replacement or crediting the Buyer with the invoice value of the Goods in question.


	Warranty & Liability

The Articles shall be free from defects in design, materials and workmanship from the date of delivery the Company premises in SA to the end of the period of 12 (twelve) months from the delivery date.

The Articles shall comply with the Specification referenced in the Purchase Order at the time of delivery. In view of which, any defect found during our manufacturing process shall be rectified by the repair of the defective Article.

Liability – any claim shall be limited to the replacement of supplied equipment only and excludes any liability for consequential damage, loss of production, life or other equipment.


	Retention of Title


	Until the Company has received payment in full of all sums owed to it on any account by the Buyer, whether arising out of this or any other contract, "property and title" to the Goods shall belong to the Company


	Payment

	Subject to satisfactory trade, banker's and other requisite references, and where no other terms of payment have been specifically agreed in writing, the Company's terms for inland orders are 30 days after the date of invoice.
	No discount or allowance will be made unless specifically stated by the Company in writing. Interest will be charged for overdue accounts at the rate of 2.5% per month above the prime rate. Calculated and accrue on a day to day basis from the date on which payment fell due until payment
	Time for making payment shall be of the essence of the Contract
	The Company shall be entitled without prejudice to its other rights and remedies to cancel the Contract or to postpone any delivery until payment has been received, upon the occurrence of any of the Events or in the event that the Company has reasonable doubts about the Buyer's ability or willingness to pay on the due date.
	The Company reserves the right at any time at its discretion to demand security for payment before continuing with an order or delivering Goods or any installment.


	Premises and Safety

Where the Company's employees or agents require to enter premises occupied by the Buyer or other premises at which the Contract is required to be performed ("Premises") the Buyer shall:-

1. ensure that the premises are ready and available so as to enable the Company to perform its obligations and provide to the Company, its employees and agents such information as the Company may reasonably require to permit the Contract to be performed at the Premises:

2. indemnify and keep indemnified the Company against all loss, costs, claims, damages, expenses and other liabilities whatsoever arising out of any failure in whole or in part of the Buyer to comply with its obligations under this paragraph 11(a).

Force Majeure

The Company shall not be liable to the Buyer if unable to carry out any provision of the Contract for any reason beyond its control including (but without limitation) Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to any inability to procure parts or material required for the performance of the Contract.

No Waiver

Any failure by the Company to enforce any or all of these Conditions shall not be construed as a wavier of the Company's rights.

Notices

Any notice under these Conditions shall be properly given in writing and sent facsimile to the address of the intended recipient as stated in the contract or to such address as the Company and the Buyer from time to time notify to each other as their respective addresses for service and shall be deemed served in the case of postal notice, on the expiry of 48 hours from time of posting, in the case of telex on the recording of the "answer back" code on the sender's machine, and in the case of facsimile, on the expiry of 15 minutes from completion of transmission by the sender.

Construction & Jurisdiction

South African Law shall govern construction and operation of the contract and the Buyer agrees to submit to the non-exclusive jurisdiction of the South African courts.

Email Webmaster | Date of entry: April 2008 | Date of latest update: January 26, 2012