In these conditions of sale, unless consistent with the context:
“The Supplier” means HOBART ENTERPRISES.
“The Customer” means the buyer of goods from the supplier
- All quotations, all acceptances of the Customer’s orders, and all sales by the Supplier are expressly limited to and made conditional upon the Customer’s acceptance of and assent to the standard terms & conditions of sale as set forth herein, notwithstanding that the Customer shall specify any additional or different provisions or conflicting oral representations by any agent or employee of the Supplier.
- No concession, latitude, or indulgence allowed to the Customer by the Supplier shall be construed as a waiver or abandonment of any of the Supplier’s rights hereunder.
- If the Supplier makes a bona fide error of calculation, in the quotation or confirmation of an order or contract, whether written or oral, same shall be rectified by the Supplier as soon as is reasonably possible, and the Customer notified in writing. If the Customer should fail to object to any item appearing on the Supplier’s statement of account within thirty days of dispatch of the statement, the accounts shall be deemed to be in order.
- The Supplier is unable to guarantee firm dates or times of delivery and is therefore indemnified against any claims arising from loss of production and/or orders by the Customer.
- The Supplier is unable to accept responsibility for any defects in goods supplied to the Customer, which may have been subjected to any additional process after delivery of the goods from the Supplier to the Customer, or to the Customer’s agent.
- Ownership of any goods delivered to the Customer by the Supplier shall remain vested in the Supplier until they shall have been paid for in full.
- The Customer consents to the jurisdiction of the local Magistrate’s Court in all actions arising out of the sale of goods by the Supplier to the Customer, notwithstanding that the claim may be more than the jurisdiction of the Magistrate’s Court.
- The Customer hereby agrees to pay the Supplier for all purchases on or before 30 (thirty) days net from the date of the last day of the month in which the goods are delivered.
- If special terms are arranged between the Supplier and the Customer, by way of a series of post-dated cheques, or any other special payment arrangement, such arrangement shall be subject to the condition that if any such payment is not paid on due date, the special arrangement will fall away and the entire balance owing shall become immediately due and payable. Where a post-dated cheque, bill, or promissory note accepted by the Supplier is one of a series, such acceptance shall be subject to the condition that if any such cheque, bill, or promissory note is unpaid on due date, the entire balance unpaid, including all the cheques, bills, or promissory notes payable thereafter shall become immediately due and payable.
- In the event of the Supplier having to institute legal action against the Customer for recovery of debt, the Customer shall be liable to the Supplier for the Supplier’s own attorney and client costs, as well as collection charges which may be charged to the Supplier by its attorneys.
- The director/s or member/s as the case may be, by his/their signature/s overleaf, hereby binds himself / bind themselves as surety/ies for and co-principle/s in solidum with the Customer in favour of the Supplier.
- For the purposes of any legal proceedings arising between the Supplier and the Customer, the Customer hereby chooses the physical address given on page one of this agreement, as its domicilium citandi et executandi, at which all notices, documents, and processes can be delivered / served.
- The Supplier reserves the right to withdraw the Customer’s credit facilities with immediate effect from date of written notice sent to the Customer.
- The Customer hereby gives its consent to the Supplier to:
- Perform a credit search
- Monitor the Customer’s payment patterns by researching its record at any credit bureaux
- Record the existence of the Customer’s accounts with any credit bureaux