Terms and Conditions of Sale of Global Measurement Solutions (Pty) Ltd, referred to as the supplier.

  1. Terms relating to credit only applicable if credit is granted.
  2. Payment of the goods purchased is strictly 30 days NETT from date of statement and in the event of a dispute regarding the amount payable the supplier’s prices in terms of its price list prevailing at the same time of delivery shall apply thereto and be binding.  The Customer shall have no right to withhold or set off such price or any portion thereof in respect of any reason whatsoever.
  3. Credit Limits granted may not be exceeded without prior written consent.  The supplier reserves the right to withdraw the credit facilities in their entirety, or change the credit limit at any time, without prior notice to the applicant, and any goods, the purchase price in respect of which is over the prevailing credit limit of the time being, will be supplied on a strictly C.O.D. basis.
  4. Orders will be delivered locally to the Customer by the supplier.  Delivery of the goods shall be deemed to have been effected upon handing over the goods to the customer or the customer’s agent.  For this purpose, where the goods are delivered by a carrier, such carrier shall be deemed to be the agent of the customer.
  5. The Customer hereby acknowledges that should an amount not be paid on due date, or any cheque tendered as payment be dishounered, the entire balance then outstanding shall immediately become due and payable without any notice.  The Customer shall further pay  interest on all overdue amounts at the prime overdraft rate charged by the supplier’s bankers from time to time, calculated and compounded monthly in arrear, as certified by any manager of such bank whose appointment it shall not be necessary to prove, plus 7.5% from due date until date of payment.  In addition the supplier shall be entitled to report the customer’s default to the Computer Industry Protection Association (CIPA) for circulation amongst its members without notice to the customer.
  6. In the event of the supplier instructing its attorneys to collect any overdue amount, all legal fees, collection charges and tracing agents fees as between attorney and own client shall be borne by the Customers and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally to capital.
  7. The Customer hereby consents to the jurisdiction of the Magistrates Court Act No: 32 of 1944, as amended in respect of all amounts or causes of action arising out of the sale and supply of goods even though the amount involved would normally exceeded the jurisdiction of such a court.
  8. Ownership in the said goods shall remain vested in the supplier until the supplier has received payment in full for the goods purchased, but in parties further agree that the goods shall be at the customer’s risk immediately on delivery to the customer or its agent, whichever is the sooner.
  9. Orders on the supplier is firm. The supplier may grant approval for order cancelation by the customer and if agreed upon, a 10% cancellation fee will be payable by the customer as well as all costs incurred up to the point of cancellation.
  10. Insurance coverage with the carrier is the responsibility of the Customer.
  11. The supplier shall not be liable to the customer or any third party for any loss, liability, damage (whether direct or consequential), or expense of any nature whatever suffered by the customer or any third party as a result of or which may attributable to:- 
    1. the goods or any part thereof being defective in any way (and whether latent or patent); 
    1. any delay in delivering or any failure to deliver the goods or any art thereof, and the customer indemnifies the supplier against any claim which may be made against the supplier in respect of any such loss, liability, damage or expense.
  12. It is agreed that the Customer will be deemed to have inspected the goods on signing the supplier delivery note.  The supplier does not make any representations or give warranty or guarantee of any nature whatever in respect of the goods or their suitability for any purpose, whether that purpose is notified to the supplier or not.
  13. No relaxation or indulgence granted by the Customer shall be deemed to be a waiver of any of the rights of the supplier and such relaxation of any indulgence shall not be deemed a novation of any of those Terms and Conditions.
  14. It is agreed that the address of the Customer principal place of business shall be the domcilium citandi et excutendi for all purposes, whether in respect of court process, notices, or other documents or communications, of whatever nature.
  15. Without derogating from the provisions of paragraph 12, the supplier shall not be liable to the customer for any alleged short delivery of, or defect in, any of the goods unless the supplier is notified thereof in writing within seven days after the customer receives the goods, in which event the supplier shall, in its discretion, remedy same by either repairing or replacing the goods, or by refunding the  whole or part (as the case may be) of the purchase price paid to it by the customer in respect of such goods, and save for the aforegoing the customer shall not have any other claim of whatever nature against the supplier.
  16. A certificate signed by any director of the suppliers as to the existence and amount of the indebtedness of the customer to the supplier at any time, as to the fact that such amount is due and payable, the amount of interest accrued  thereon and the rate of interest applicable thereto and as to any other fact, matter or thing relating to the indebtedness of the supplier shall be prima facie proof of the contents and correctness thereof and the amount of the customer’s  indebtedness, for the purpose of provisional sentence or summary judgment of any other proceedings against the customer in any competent court, and shall be valid as a liquid document for such purposes.  It shall not be necessary to prove the appointment of the person signing any such certificate.