GENERAL CONDITIONS OF SALE
- PRICES & PRICE FLUCTUATIONS
Notwithstanding the prices quoted, the price at which goods are sold be our price at the actual date of delivery. The prices charged are based on today’s rates of freight, insurance, duties, delivery charges and wages, and any variation therein shall be for the customer’s account.
- PACKING & CRATING
When the goods are collected from our premises and the customer require a pallet, an extra amount of R65.00 + VAT per pallet will be charged. The pallets are non refundable and non-returnable. The above mentioned amount per pallet will however not be charged if we deliver the goods to the customer ourselves and make use of our own pallets that will after delivery be returned to our premises.
- BREAKAGES & DEFECTS
We endeavour to ensure that goods delivered by ourselves arrive in good condition, and any damages or defects in excess of 5% of the total order will be for our account, on condition that delivery notes are endorsed to record such damages and/or defects, and are handed to the driver to return to us. Breakages that occur when delivery is carried out by carriers other than ourselves or our agents, or when goods are collected by the customer himself will be for the customer’s account.
- LOSS OR DAMAGE
We will, under no circumstances, be liable for any loss of profit or any damage, direct or indirect, consequential or otherwise, sustained by the customer or user through any reason whatsoever arising from the purchase or use of our products.
- WARRANTY & INDEMNITY
No warranty shall be binding on ourselves unless contained herein. In lieu of any warranties, expressed or implied by law, we hereby undertake to replace any goods that prove defective through reasons of workmanship or materials, provided that we receive a written claim within six months of delivery.The customer hereby indemnifies us in respect of any claim whatsoever which may be brought against us by any person suffering, or allegedly suffering, damages sustained as a result of the purchase/use of our products.
These conditions, read together with the application for credit and its annexures, constitute the agreement between the customer and DERANCO GROUP OF COMPANIES and no modification thereto shall be binding on either party unless reduced to writing and signed by both parties.These conditions shall at all times be binding notwithstanding any conditions or terms stated in the customers enquiry, tender forms or order.
The cost of any and all tests carried out at the request of the customer, over and above our normal control tests, shall be for the customer’s account.
We shall be entitled without notice to withhold any delivery from any one of the Deranco Group of Companies in the event of the customer being in arrears with any payment, owing that company or any one or more of the other Deranco Group of Companies , or being in breach of any of the conditions contained herein, in which event the customer will have no claim whatsoever for damages sustained by it as a result of such cessation of deliveries.We will make every effort to unload goods at the point required by the recipient, unless, in the opinion of the driver, our workmen or vehicle will be endangered, in which case the goods will be off loaded at the nearest safe point. Goods will be off loaded at one point only, where they be placed next to the vehicle. Under no circumstances will goods be carried, or off loaded over walls fences etc. Our vehicles will not enter any driveway, paved or grassed area, except on the specific instructions of the customer, or recipient, of the relevant goods. The customer hereby undertakes to compensate us in respect of any damages which may be sustained by such entry, and in addition, undertakes to indemnify us in respect of any claim which may be brought against it by any person whatsoever in respect of damages sustained as a result of such entry.COD deliveries will only be off loaded once the driver has been paid, failing which the relevant goods will be returned to the factory, subject thereto that the customer will be responsible for the transport costs incurred, together with a fee equivalent to 10% of the total value of the order. The risk in goods delivered to customer, either by delivery to the customer directly at it’s premises, or to any other premises on it’s instructions, will pass to the customer when these goods have been off loaded from our truck, whether the site of off loading is attended or not.
Ownership of goods delivered by us, which have not yet acceded to immovable property, will not pass to the customer until they have been paid for in full. We will be entitled to remove such goods, and the customer hereby indemnify us in respect of any claim whatsoever which may be brought against it as a result of our actions in terms of this clause.
Once goods have been loaded onto a vehicle, at our premises for delivery, or at a collection point, the products will not be accepted for return under any circumstances, except where the products are subject to defects, or have been incorrectly supplied.
The shades of colored products may vary from batch to batch for reasons beyond our control, and we cannot accept liability for these variations.
We are not responsible for establishing quantities required, or for any claim whatsoever arising from the customer’s inability to obtain materials matching those already delivered, to complete jobs.
- ACCOUNTS AND CREDIT FACILITIES
Payment for goods purchased on account is due by the customer within 30 days after date of invoiced receipt. If any amount due by the customer is not paid within 30 days after date of invoiced receipt, the supplier will charge or recover a fee or charge interest thereon in accordance with the prescribed rate as stated in the National Credit Act, 2005 (Act 34 of 2005), as may be amended from time to time.If payment of any particular purchase made by a customer is overdue, the purchase price for all purchases shall immediately become due and payable, notwithstanding any other provisions contained herein. Should a customer fail to object to any item appearing on our statement of account within 14 days from the date of such statement, the statement shall be deemed to be in order, the customer shall be deemed to have received delivery of all the items referred to on that statement, and in the respective invoices therein, and the onus shall be on the customer to show that any such items have not, in fact, been received by it, or delivered according to it’s instructions, as the case may be. A certificate signed by a director of ours, setting forth the amount due by the customer, shall be prima facia proof of the facts stated therein, for the purposes of obtaining summary and provisional judgment. In the event of us instituting legal action against the customer for ant purpose whatsoever, the customer will be liable for our costs, on the scale as between Attorney and own client, and collection charges. Credit facilities may be terminated at any time, without prior notice, at our discretion, in which case the entire amount then due by the customer will become immediately payable, notwithstanding anything to the contrary contained herein.
The customer nominates as its domicilium citandi et executandi the business address as reflected on the Application for Credit Facilities, for all purposes whatsoever.
The customer consents to the jurisdiction of the Magistrate’s Court, notwithstanding the fact that any amount at issue between us may exceed the jurisdiction thereof. Notwithstanding the foregoing, we will be entitled to institute action in whatever forum we deem appropriate.
GENERAL TERMS AND CONDITIONS OF SALE PERTAINING TO “DERANCO” PRODUCTS
The following terms are used to define the colour/price groups of products:
- MASONRY PRODUCTS
“GREY” – Natural grey made with Portland cement
“PEWTER”-Natural grey made with Portland cement plus waterproofing additive – for fair face work
“COLOUR”- Tinted, made as with Pewter, plus Bayer oxides – for fair face work
“WHITE”- Made with white cement plus waterproofing additive, plus Bayer oxide (cream only) for fair face work PAVING PRODUCTS “GREY”- Natural grey made with Portland cement
“COLOUR” – Tinted, made with Portland cement plus oxides
Colors may vary slightly from batch to batch of raw material, and we suggest early delivery of material to site in order that they can be mixed by the contractor to ensure a random distribution of shades, as we cannot accept liability for these variations. Face products, in particular face blocks, are prone to some chipping and scuffing during delivery and off loading, and to ensure that the products delivered are in the best possible condition they can be shrink-wrapped, at a small additional cost, for mechanical off loading on site.In order to minimize delays caused by non-availability of materials, we require the following minimum lead times before first delivery of the products, dependant on availability at the time of ordering:
- Bricks, blocks, pavers, standard Precast products and Winblocks- 2 to 4 week
- Winvents – 4 to 6 weeks
Unless otherwise stated, masonry products are manufactured to a compressive strength of 7mpa, and pavers to 25mpa. Precast concrete products are made with concrete having a compressive strength of 25mpa at 28 days. Our products are covered by a quality guarantee as per clause 5 of our General Conditions of Sale. Should another source of supply be used on the same section of work to which we have delivered, then our guarantee will be null and void unless irrefutable proof can be provided that the section in question was supplied by us.Delivery rates are based on full truckloads of a minimum of 8 tonnes. Prices of Winvents include for crating and railage to a destination of your choice, for your own collection, should the order be for a total of more than 10 Winvents.