Our following conditions of sale relate to and regulate our contract. In the following paragraphs creditor refers to SOUTHERN POWER (PTY) LTD and debtor refers to the Company applying for opening an account, or any other debtor.

1. VALIDITY

• This tender/quote is valid for acceptance in writing within 30 days of the date of the tender otherwise agreed upon inwriting.

2. ACCEPTANCE OF ORDERS

• Terms and conditions on the debtor’s order or tender documents at variance with these conditions are binding on us only if we accept them in writing.

3. DRAWINGS, ETC.

• If any drawings, illustrations or descriptive matter are furnished with this tender, they are approximate and submitted only to show the general style, arrangement and dimensions of the equipment offered.

4. DATE OF SUPPLY

• Goods will, as far as possible, be supplied and/or installed within the period specified in any order. However, whilst the creditors undertakes to take all reasonable possible precautions to avoid or reduce any delay in the supply of goods it shall under no circumstances whatever be responsible for any damages of whatever nature, whether general or special, which may be sustained by any debtor by reason of the goods not being supplied within the period specified in any order, no mater what the reason for any such delay. The debtor shall be obliged to accept supply and/or installation against tender by the creditor and the creditor shall be entitled to invoice the debtor for the cost of such goods against delivery or its tender of delivery and/or installation.

5. TENDERS

•  Tenders are made subject to debtor’s account being approved and notwithstanding acceptance shall not be binding until such account is approved by us. We reserve the right within seven days of acceptance of our tender to call for guarantees satisfactory to us for the due and prompt payment of all monies which become our due. We shall be entitled to withdraw our tender notwithstanding acceptance if such guarantees are not provided within a period of twenty-one (21) days from the date of receipt of such request.

6. RATES OF EXCHANGE

• The quoted price is based, insofar as it relates to the supply of imported equipment and/or components, upon the official rate/s of  exchange prevailing as at the date of tender

7. INSTALLATION OF EQUIPMENT

• Where our quotation includes for installation this covers only the installation of the equipment as supplied in the installation kits, and on a previously correctly prepared body. All such between the Republic of South Africa and the country or countries from which such  equipment and/or components is, or are, to be imported. Should there be, between the date of tender and the date of payment of the whole of the quoted price any variance in any official rate of exchange as aforementioned and should any such variation result in an increase in the cost to ourselves of paying for the said equipment and /or components, or any part thereof, then the quoted price shall be increased by an amount equivalent to the amount of such cost increases.

8. WRITTEN ORDERS

• An order placed by the debtor shall be written or verbal and may not be cancelled without prior consent of the creditor. Where a verbal order is placed by the debtor, this shall be confirmed in writing by the creditor; this written confirmation being deemed the debtor’s order.
• No variation of this contract shall be of any effect unless put into writing.

9. GUARANTEE

• Our equipment is guaranteed, whilst operated under normal conditions, against defective workmanship and material, fair wear and tear excepted. The period of this guarantee to be:
  • 9.1.1 One year for air conditioners and heaters, calculated from the date upon which the equipment is set in operation. For the purposes of this clause the words “set in operation” shall be deemed to mean that the equipment is available for the beneficial use of the debtor.
  • 9.1.2 Three years for sunroofs, calculated from date of fitment and subject to the sunroof being serviced as stipulated in the  conditions set out on the sunroof warranty card. Any part of our equipment proved to suffer from a defect covered by this guarantee shall be at our sole option, repaired or replaced free of charge to the debtor.
  • Our liability in terms of 8.1 shall be restricted to the actual repair or replacement free of charge of the said part, inclusive of labour cost, and we shall not be responsible for any other charges of whatever nature arising in connection with all travelling and accommodation expenses incurred by the creditor in connection therewith, shall be for the account of the debtor.
  • Other than stated herein, the creditor gives not guarantees or warranties of any natures, whatsoever, save as provided for in 8.2 above. The creditor shall not be liable to the debtor for any damages of whatsoever nature, whether general or special, howsoever arising.
  • We are not under circumstances responsible of liable for any loss of any nature or any damage suffered by you whether special or general arising from any equipment, parts or machinery not supplied by us.
  • The creditor shall not be liable to perform any obligations of whatsoever nature in respect of the guarantees in respect of the equipment from one or more of the following circumstances.
    • Operator misuse.
    • Caused by accident or collision, damage or force of any person other than Southern Power, authorised personnel.
    • Caused by the use of parts other than recognised genuine Southern Power parts.
    • Caused by the use of oils and gas not approved of by Southern Power
    • Caused by neglect, misuse, abuse or improper handling of the machinery by somebody other than Southern Power or Southern preparatory work which includes making of holes into which the equipment is to fit and a suitable strengthening of the panels is not included in this offer.
    • In case of a special unit installation bracket, special compressor bracket, extra crankshaft pulley, alternative compressor drive and air ducting, there are not included in the offer unless so stated in writing.
    • Caused by the debtor’s failure to ensure that the equipment is serviced as recommended by Southern Power.
    • Caused by faulty installation of our equipment by the debtor.
    • No warranty claim will be entertained if the account is in excess of 60 Days. declare the full balance of all monies then outstanding and owing to it by the debtor in respect of the Contract sum, to be immediately due and payable.

10. LIMITATION OF LIABILITY.

• Where we are undertaking installation or equipment on the debtor’s vehicle, we shall not be responsible for any loss or damage whatsoever whether consequential or otherwise whilst the debtor’s vehicle is being driven or stored whilst under our care.
• We shall furthermore not be responsible for any loss or damage to the debtor’s vehicle or property resulting from fire, theft or any other cause.

11. PAYMENT

• a.Payment of the total price shall be made as set in our tender or as otherwise agreed in writing. Payment shall be made in full without any deductions being made whether in terms of claims by the debtor or otherwise.
• b. The debtor shall be liable to pay all charges and costs on an attorney and client basis, including collection commission, in the event of the debtor failing to comply with the terms of the conditions hereof.

12. INTEREST  

• Interest shall be charged on overdue account at the maximum rate permitted in terms of The National Credit Act No 34 of 2005.

13. RESERVATION OF OWNERSHIP

• Ownership of any goods sold and delivered shall remain vested in Southern Power (Pty) Ltd and shall only pass to the debtor when all amounts due in the respect of the purchase price of such goods have been paid by the debtor to the creditor in full.

14. IMPORT PERMIT

• This tender is subject to any required import permit being granted.

15. ACCELERATION

• Should-
  • 1) the debtor fail to pay the creditor any monies owing by it to the creditor on the due date hereof: or
  • 2) an application be granted for a business rescue or a winding up order (whether in either instance, provisional or final) against the debtor , if a person, an order or sequestration, whether provisional or final, or a voluntary surrender order, or if the debtor shall call a meeting of its shareholders with a view to going into voluntary liquidation or should the debtor suffer a default judgement to be entered against it and fail within seven (7) days after such entry of judgement to satisfy or take steps to rescind the same or should the debtor call a meeting of its creditors with a view to compromising their claims or commit any act of insolvency; or
    • 3) the debtor commit any breach of any of the provisions of these conditions; then in any of the above mentioned events the creditor shall be entitled by written notice given to the debtor to such effect, to declare the full balance of all monies then outstanding and owing to it by the debtor in respect of the Contract sum, to be immediately due and payable.

16. MAGISTRATES COURT
    

• In the event of the creditor having any claim against the debtor, the debtor hereby consents to the jurisdiction of the Magistrate’s Court, notwithstanding that the value of such claim might exceed the jurisdiction of the Magistrate’s Court

17. INDULGENCES

• No relaxation by us of any of these Conditions and no indulgence shown by us to the debtor shall be deemed in any way to affect, prejudice or derogate from our rights hereunder and, in particular, no acceptance of any amount due to us in respect of the Contract Sum after the due date hereof shall be deemed to constitute consent on our part of any future payment being made after due date.