Terms and Conditions
All quotations will remain valid for a period of 15 (fifteen) days from the date of the quotation, or until the day of issue of any new price list, whichever occurs first, or unless otherwise specified in writing by Anderbolt Electroplaters (Pty) Ltd.
Delivery and performance times quoted are estimates and are not binding on Anderbolt Electroplaters (Pty) Ltd.
It is the responsibility of the Customer to determine that the products or services ordered by it are suitable for the purposes of intended use. Anderbolt Electroplaters (Pty) Ltd gives no warranty, express or implied, concerning the suitability of the products supplied for any purpose whatsoever.
Anderbolt Electroplaters (Pty) Ltd shall not be required to work to tolerances closer than those applicable to the materials obtained by it in the ordinary course of trade, or supplied to it by the Customer. Anderbolt Electroplaters (Pty) Ltd shall not be held liable for any variations in the standard, quality and performance of such materials.
Anderbolt Electroplaters (Pty) Ltd shall not be liable for any defects resulting from it being required to expedite delivery ahead of the time needed for the proper production of the order.
Customer’s property and property supplied to Anderbolt Electroplaters (Pty) Ltd will be retained at the Customers risk.
Anderbolt Electroplaters (Pty) Ltd shall not be liable for any damage arising from any misuse, abuse or neglect of products or services under any circumstances whatsoever.
Any order is subject to cancellation by Anderbolt Electroplaters (Pty) Ltd due to Force Majeure, or from any cause beyond the control of Anderbolt Electroplaters (Pty) Ltd, including (without restricting this Clause to these instances): inability to secure labour, power, materials or supplies, or by reason of a Force Majeure, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
The completed product will be dispatched or must be collected by the Customer when ready and the Customer shall not refuse or delay to take delivery.
Anderbolt Electroplaters (Pty) Ltd shall be entitled to invoice each delivery or performance separately when executed.
The Customer agrees to establish, immediately upon delivery, that the products and services appearing on Anderbolt Electroplaters (Pty) Ltd’s delivery note, Tax Invoice or other documentation, correctly represents the products, or services, and prices agreed to and are free of defects.
Discrepancies not reported within 24 hours will not be considered.
All electroplating on customer’ products, supplied by Anderbolt Electroplaters (Pty) Ltd remain the property of Anderbolt Electroplaters (Pty) Ltd until such products have been fully paid for whether such products are attached to other property or not.
Where products or services are delivered prior to the issue of a Tax Invoice, the Customer agrees to immediately upon receipt of the Tax Invoice, establish that it correctly represents the delivered products or services and prices agreed to.
Any delivery note, invoice or waybill (copy or original) signed by the Customer or a third party engaged to transport the products, and held by Anderbolt Electroplaters (Pty) Ltd shall be conclusive proof that delivery was made to the Customer.
Claims under this Agreement shall only be valid if the Customer has, within 24 hours of the alleged breach or defect occurring.
If Anderbolt Electroplaters (Pty) Ltd agrees to engage a third party to transport products on the Customer’s behalf, it does so on terms deemed fit by Anderbolt Electroplaters (Pty) Ltd. The Customer indemnifies Anderbolt Electroplaters (Pty) Ltd against any claims arising from such agreement.
The Customer agrees that the amount contained in a Tax Invoice issued by Anderbolt Electroplaters (Pty) Ltd shall be due unconditionally (a) cash on order, or (b) if the Customer is an Account Approved Customer, then within the granted credit period as specified on the Account Application, or not later than the end of the month in which a Tax Invoice has been issued by Anderbolt Electroplaters (Pty) Ltd.
The Customer has no right to withhold payment for any reason whatsoever and agrees that any extension of time given for payment shall be valid only if reduced to writing and signed by the Customer and a duly authorized representative of Anderbolt Electroplaters (Pty) Ltd
The Customer is not entitled to set off any amounts due to the Customer by Anderbolt Electroplaters (Pty) Ltd against its indebtedness to Anderbolt Electroplaters (Pty) Ltd.
All discounts, if applicable shall be forfeited if payment in full is not made on the due date.
Outstanding accounts are subject to default listing on a national Credit Bureau database.
The Customer shall be liable to Anderbolt Electroplaters (Pty) Ltd for all legal expenses incurred by Anderbolt Electroplaters (Pty) Ltd on the attorney and-own client scale in the event of (a) any default by the Customer or (b) any litigation in regard to the breach, validity or enforceability of this Agreement. The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs including stamp duties, for any form of security that Anderbolt Electroplaters (Pty) Ltd may demand.
The Customer irrevocably authorizes Anderbolt Electroplaters (Pty) Ltd to enter its premises to repossess any products delivered, without court order, and indemnifies Anderbolt Electroplaters (Pty) Ltd completely against any damage whatsoever, relating to the removal of repossessed products.
The Customer is not entitled to sell or dispose of any products unpaid for without the prior written consent of Anderbolt Electroplaters (Pty) Ltd. The Customer shall not allow the products to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of Anderbolt Electroplaters (Pty) Ltd in the products.
Anderbolt Electroplaters (Pty) Ltd is entitled to exercise a lien over any of the Customer’s property in its possession until all outstanding debts have been paid.
Anderbolt Electroplaters (Pty) Ltd shall not be liable for any consequential damages including loss of profit or for any delictual liability of any nature whatsoever.