All contracts and orders as well as all tenders and quotations and all orders and/or contracts resulting there from are subject to the following conditions except where otherwise agreed to in writing by Plankomat S.A. (Pty) Ltd here forth referred to as "the company".
- Conditions of sale:
Notwithstanding any contrary conditions made at any time by any client these conditions of sale shall apply to all sales of goods by the company.
- Client to satisfy himself:
Subject to the terms hereof the client shall be deemed to have established himself as to and has accepted all the conditions, representations, warranties and circumstances affecting each order and contract.
- ) The company's listed prices are subject to alteration at any time without prior notice.
- ) The prices quoted in estimates, quotations, specifications, acceptance of orders, or contracts are based on the quantities specified therein and the company reserves the right to revise prices in the event of the quantities being reduced or increased.
- ) All prices quoted by the company are subject to exchange rates, duties, surcharges, freight and transport costs and clearing agent's charges ruling at the time. Any subsequent charges will be for the client's account, unless quoted as "fixed".
- ) Should overseas supplier's increase their prices, the company shall be entitled to pass on these increases to the client, unless quoted as "fixed".
- ) Prices tendered, quoted and/or accepted are exclusive of Value Added Tax, installation and are ex-factory Johannesburg.
- ) Quotations are valid for 14 days from date of quotation.
- ) If the purchase is on a rental scheme, terms are according to contract between the Finance Company and the client.
- ) Payment terms are C.O.D., unless otherwise agreed to in writing by the Company whereby a credit application has been approved.
- ) If payment is not received by the company on the specified date, the full invoice and/or statement amount is due immediately.
- ) Interest will be charged at prevailing FNB overdraft rate, from the first day of late payment.
- ) All goods supplied by the company will remain the sole property of the company until paid in full.
Unless otherwise stated in writing, prices quoted are ex-factory Johannesburg.
- ) Carriage/delivery of goods/equipment is for the client's account. The company will endeavor to make the necessary arrangements with client's courier, on the client's behalf, for the collection of goods and/or delivery to Post Office for dispatch. Costs incurred thereby are for the client's account.
- ) All goods duly dispatched by the company, on behalf of the client, shall be at the client's risk.
- ) Insurance of goods, from ex-factory Johannesburg, is the sole responsibility of the client.
- ) Delivery times are estimated as accurately as possible and the company will use its best endeavors to adhere to such estimated times. However, delivery times are not guaranteed unless otherwise agreed by the company in writing. Accordingly, the company shall not be liable for any delays which are not so guaranteed. Delivery times are also subject to revision without notice and the company cannot accept any liability for late deliveries.
- ) The period specified for delivery on the company's quotation shall commence from final settlement of details and specifications and not from the date of order, tender or contract.
- ) Goods required to be delivered by the company shall be received, off-loaded, stored and protected by the client and shall be at the client's risk.
- End Use:
The suitability of the goods for the use contemplated by the client is the sole responsibility of the client and the company shall in no way be responsible for the suitability of the goods sold for any particular end use.
- ) The company will use its best endeavors to ensure that goods are supplied in working order to their specifications.
- ) The company shall not be liable for any loss or damage whether arising directly or indirectly from any defect in the goods sold nor shall the company be liable in any way whatsoever for loss of profits and/or consequential damages.
- Cancellation of Purchase orders:
- ) All orders received and the acceptance thereof are at the discretion of the company.
- ) Accepted orders will be fixed and firm, unless impacted by point 4.
- ) Non-ex-stock items are ordered back-to-back and therefore a deposit could be requested depending on the supply. Deposits are non-refundable if orders are cancelled.
- ) An order cancellation fee of 15% is applicable on total invoice value, ex VAT, at the discretion of the company.
Plankomat S.A. (Pty) Ltd (hereafter referred to as Plkmt), warrants to the original purchaser of its hardware, that the hardware is sold free of defects in material or workmanship under normal use for a period of 12 months from date of purchase or as per quotation warranty for specific goods. Warranties on individual system components originating from companies other than Plkmt are subject to their manufacturer's warranty agreements. The above is subject to the following conditions:
- ) The warranty shall apply to the product, provided the product is still owned by the original purchaser and provided further that it was purchased in and is retained for use in the Republic of South Africa.
- ) At any time within 12 months from date of purchase or as per quotation warranty, by the original purchaser, Plkmt shall at its election repair or replace without cost to the purchaser, at its own workshop or through an authorized dealer, any part in the product found to be defective by such workshop or authorized dealer. All repairs are handled on a carry in basis and Plkmt will undertake at its own discretion to swop out the defective product immediately or alternatively repair the product and arrange for the return of the product using the same or similar method of transport, for the purchaser's account. All on-site repairs will carry Plkmt's standard mileage, travelling time, accommodation and subsistence charges and will be for the purchaser's account.
- ) Plakomat assumes no responsibility for the results of repairs and modifications made or attempted by un-authorized persons.
- ) This warranty excludes damage to the product resulting from accidents, improper use or loss of equipment. Plkmt shall not be held responsible for damages to the product resulting from incorrect voltages or faults in the electrical power supply system. Nor shall it be held responsible for damages to the product resulting from failure to use the product for the purpose it was designed, fire, flood, war, civil disturbances, strikes, lockouts, acts of God or any other cause beyond the control of Plankomat.
- ) The purchaser shall be liable for all costs incurred by Plkmt inclusive of parts, repairs, labour, travel and transportation where the product is found to be free from defects in material or workmanship. Service requested and carried out where there is no fault found with the product will result in charges for the purchaser's account.
- ) This warranty does not apply to displays, keypads, batteries or to items where the length of life depends on the amount of use and care, taken by the purchaser.
- ) This warranty is given in lieu of all other warranties, expressed or implied. Plkmt will not accept any responsibility or liability for consequential loss or damage of any kind caused to the original purchaser or any other person by or due to the failure of operation or malfunction of the product.
- ) The original purchase invoice supplied by the original purchaser and the goods thereon, serves as proof of purchase for warranty claim purposes. Service under the warranty will only be carried out if these documents are produced. Failure to produce your purchase invoice will result in a charge being levied for work done, even if the product is still claimed to be in the warranty period.
Plankomat disclaims all implied warranties on product, including without limitation warrants for merchantability, performance and fitness for a particular purpose. Plankomat S.A. (Pty) Ltd will not be liable for any bug, error, omission, defect or non-conformity in any software. As a result, the software is sold "as is" and the purchaser assumes the entire risk as to its quality and performance.
Plankomat S.A. (Pty) Ltd shall in no event be liable for direct, special, incidental, contingent or consequential damages resulting from any defect in the software or it's documentation including damages from loss of data, even if Plankomat or an authorized dealer has been advised of the possibility of such damages. You agree that Plankomat S.A. (Pty) Ltd's liability in or warranty shall not exceed any amount paid by you for this software product. Any written or oral information or advice given by Plankomat S.A. (Pty) Ltd, dealers, distributors, agents or employees will in no way increase the scope of this warranty. Nor may you rely on such oral or written communication.
- Return of Goods for Credit:
- ) Goods may only be returned for credit if authorized and accepted by the company
- ) The company will only consider accepting back goods for credit, if notified by the client in writing within 7 days after date of collection and goods are returned in the same condition as dispatched.
- ) The company shall be entitled at its discretion to charge a 15% handling charge on goods returned for credit
- ) Goods returned after 7 days from date of collection will be at the discretion of the company as well as charges relating to the return.
It shall be the client's sole responsibility to make himself familiar with regulations which concern the use of the goods ordered, and the company cannot be held responsible for any penalties or restrictions resulting from contravention of any Government or other regulation.
- No Cession or Assignment:
No part of a tender or quotation or any order or contract arising there from may be ceded or assigned by the client without prior consent in writing of the company.
- Force Majeure:
Delays in or failure of performance by the company shall not constitute default herein or give rise to claims for damages if and to the extent that such delay or failure is caused by force majeure which is defined herein as occurrences beyond the reasonable, practical, economic or business control of the company, and which, by the exercise of reasonable diligence the company would not normally have been able to prevent, including therein, but not by way of Plankomat S.A. (Pty) Ltd 2019 Sales Terms & Conditions 5 limitation, decrees of Government, Act of God, strikes or other concerted act of workmen, fires, floods, explosions, riots, civil commotion, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons.
The company shall be entitled to cancel any order and/or contract without prejudice to its right to claim damages for any loss or expense suffered by it whether caused directly or indirectly if the client after having been given 10 days written notice to make good any default:
- fails to adhere to any of these conditions; or
- fails to make payment on due date of any monies due by the client.
No variation of these conditions shall be binding on the company unless such variation is agreed to in writing by the company.
Should any dispute or difference arise in connection with a tender or quotation or any order or contract arising there from or other interpretation then such dispute or difference shall be determined by arbitration and the Arbitration Act of 1965 shall apply.
- Magistrate's Court Jurisdiction:
The client and the company agree that the company shall be entitled at its option to institute any legal proceedings in connection with a tender or any contract arising out of it in the Magistrate's Court of the Republic of South Africa and the client hereby agrees and consents to such jurisdiction. Legal costs of which shall be borne by the defaulting party.