Terms and Conditions of Sale

All orders are accepted by Delphius subject to the Terms and Conditions of Sale set out below

Download Delphius CIT Terms and Conditions of Sale

1 Application

a) In these terms and conditions of sale:

i) “Company” means Delphius CIT (Pty) Ltd.
ii) “Agreement” means any contract between the Company and the Customer for the sale of goods and/or services as per the terms an conditions as set out herein;
iii) “Goods” means the goods, software, products, components or other items sold by the Company to the Customer;
iv) ”Customer” means any person, firm or Company placing an order with the Company in respect of the goods and/or services;
v) “Services” means the services supplied by the Company to the Customer.

b) These terms and conditions shall apply to any Contract between the Company and the Purchaser. c) Delphius CIT (Pty) Ltd. will not recognise any of the customer’s own general purchasing conditions which contradict the herein defined General Terms and Conditions of Sale. In particular the exclusion of right of ownership and the prohibition of offsetting any counter-claims are considered herein defined.

3 Purchase Orders

a) Purchase orders shall be placed by facsimile or in writing, orders shall specify the goods with reference to type, quantity, price and delivery time.

b) Purchase orders are subject to written confirmation by the Company. It is the Customer’s responsibility to ensure that orders are received by the Company.

c) An accepted order may only be cancelled or varied with the Company’s written consent and the giving of this consent shall not in any way prejudice the Company’s right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation.

5 Risk

a) Unless otherwise specifically stated all risk in the goods shall pass to the Customer on collection from the Company’s premises by such carrier the Company may engage on the Customer’s behalf. In the case of delivery by Carrier the Carrier shall be deemed to be the Customer’s agent and delivery of such shall be deemed to be delivery to the Customer.

2 Quotations

a) Quotations may only be accepted by the Customer’s submission of a written purchase order and prior to receipt of such are subject to change or withdrawal by the Company at any time in writing.

b) All verbal quotations are subject to written confirmation by the Company prior to acceptance of an order.

4 Ownership

a) Ownership of the goods shall remain with the Company until the purchase price has been paid in full and in the event of a breach of these terms and conditions by the Customer, or if the Customer is sequestrated or placed under liquidation or judicial management or commits any act of insolvency or enters into any compromise with its creditors or fails to satisfy a judgment or changes the structure of its ownership, the Company shall be entitled to take possession of the goods without prejudice to any further rights vested in the Company, and is hereby irrevocable authorized to enter upon the Customer’s premises to take possession of such goods without court order.

b) In the event of the Customer obstructing the Company in the process of removing its goods from the Customer necessitating the obtaining of a Court order, the Company shall be entitled to obtain an award of costs against the Customer on a punitive scale.

c) Furthermore the Customer shall have no claim against the Company for damages caused due to loss of profits or otherwise occasioned by the removal of goods from the Customer’s premises as aforesaid notwithstanding that such removal was effected without Court order. d) It shall not be necessary for the Company to prove either to the Customer or the Customer’s liquidator or trustee which goods owned by or formerly in the possession of the Company have actually been paid for.

e) The Company shall be entitled to identify its goods by way of packing and or other distinguishing marks. The Company shall not be obliged to identify its goods by way of serial numbers or any other form of intricate identification.

6 Delivery

a) Delivery of the goods or the supply of the services as the case may be, shall be effected by the Company to the Customer at an address as reflected in the quotation.

b) Delivery dates will be quoted to the Company’s best judgment and will be kept as far as possible. Even after the expiry of an extended delivery date, no claims for damages due to non-fulfillment or the exceeding of an agreed delivery date may be asserted by the Customer.

c) If the Customer fails to take delivery of the goods ordered, or in any way delays the delivery of goods the risk shall immediately pass to the Customer and the Customer shall be liable to pay the Company the reasonable costs of storing, insuring, and handling goods, until delivery takes place.

d) For all deliveries abroad the regulations included in the currently valid INCOTERMS apply. Unless otherwise agreed in writing all costs connected with cross-border transportation, such as custom duties, taxes, inspection fees and other costs, must be borne by the Customer.