Terms & Conditions
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STANDARD TRADING TERMS AND CONDITIONS
1. Application
1.1.1 These terms and conditions apply for any contract of sale of any goods or services by Aviation Engines & Accessories (Pty) Ltd t/a COMET AVIATION SUPPLIES (”The Company”) whether the contract arises out of an offer made by the Company and accepted by the customer or vice versa.
1.1.2 If the customer’s order incorporates other conditions they shall not take effect unless the Company expressly agrees to them in writing by the Director or General Manager of the Company.
1.1.3 No alteration or variation of these terms and conditions shall apply, either at the time the contract is concluded or at any time afterwards, unless the alteration or variation is expressly agreed to in writing signed by the director or General Manager of the Company.
2. Price
2.1 Company’s official list price (such list prices are subject to change without notice), ruling for them on the date the goods are despatched or tendered for delivery or the services are rendered or tendered.
2.2 Quotations for material other than standard parts are based on ruling prices of material and manufacturing costs at the date of quotation and are therefore subject to confirmation by the Company at the date of execution of the order.
2.3 The Company may vary any quoted price by adding thereto the increased cost to it of any goods or components which are supplied to or form part of goods supplied to the customer resulting form any adverse fluctuation in the rate of exchange between the date of the quotation and the date of execution of the order.
2.4 Import, excise and other duties and surcharge, where applicable , shall be payable by the customer.
2.5 Value Added Tax shall be payable by the customer.
2.6 We do try and keep the published/advertised prices as up to date as possible, but please understand that sometimes these will be subject to change without prior notice due to fluctuating exchange rates and freight charges, factors that are beyond our control.
3. Discount
3.1 The contract price is strictly net and not subject to any discount unless otherwise agreed to in writing.
3.2 If any discount is agreed to in writing, it shall only be allowed if payment is received by the Company by the due date and shall only be calculated on the net price of the goods, themselves
4. Payment
4.1 The price for the goods and/or services and , all-other amount payable by the customer shall be paid, free of bank exchange and other charges and without any deduction or set-off within 30(thirty) days of the date of statement.
4.2 If delivery is made by instalments, then each statement will be invoiced and shall be paid for separately but otherwise in accordance with 4.1 above.
4.3 If the company, in its sole discretion, agrees at the request of the customer to postpone delivery of goods, payment must nevertheless be made by the customer as if delivery had not been postponed.
4.4 Any promissory note, bill or exchange or other negotiable instrument received by the Company from the customer shall not be a novation of the debt for which it is given and the customer waive presentment, notice of dishonour and protest where applicable.
4.5 In the event that any amount is not paid on due date, finance charges shall be levied on the amount outstanding at the maximum permissible rate laid down in terms of the Limitation and Disclosure of Finance Charges Act for credit transactions on the due date for payment.
5. Delivery
5.1 Delivery shall be completed when the goods are off loaded at their destination, fir the goods
are to be transported by means of the Company’s vehicles or when the goods are made available to the customer or its agent at the Company’s premises and before loading commences, if the goods are to be transported by the customer or a carrier engaged (whether by the Company or the customer) to transport the goods for the customer.
5.2 Notwithstanding the provisions of 5.1 delivery to the customer shall be deemed to have taken place upon signature of the Company’s delivery not or waybill or the delivery note of any authorised independent carrier by the customer or a representative or employee of the customer or, in the case of goods being posted or railed, by proof of posting or proof of delivery to the South African Transport Services as the case may be.
5.3 The risk in the goods shall pass to the customer on delivery and the Company shall not be responsible for the arrival of the goods at their destination or for any loss of or damage to the goods from any cause whatever, while in transit.
5.4 Should the Company at the customer’s request agree to engage a carrier to transport the goods to the customer , then
5.4.1 the Company is authorised to engage a carrier on such terms and conditions as it deems fit;
5.4.2 the customer indemnifies the Company against all demands and claims which may be made against it by the carrier so engaged and any other liability which the Company may incur arising directly or indirectly out of the transportation of the goods.
5.5 If the customer fails to take delivery of the goods on due date;
5.5.1 the risk in the goods shall immediately pass to the customer.
5.5.2 The customer shall refund to the Company on demand the reasonable costs, including storage and insurance, incurred in holding the goods during the period of that delay
5.6 When special delivery is requested by the customer e.g by airfreight or air parcel post, the
customer shall be liable for the cost thereof or to refund the amount of that cost to the Company in the event of the Company paying such costs.
5.7 Notwithstanding any other provisions in the contact to the contrary, the Company’s obligation to deliver the goods shall in all case be subject to the following conditions precedent ;
5.7.1 the availability to the Company of all materials and supplies required for the manufacture of their components, where the goods or components in question are being manufactured by the Company.
5.7.2 The timeous receipt by the Company from it own suppliers of the goods or their components, where the goods or components in question are being manufactured by the Company.
5.7.3 The timeous receipt by the Company of any instructions (including all drawings and specifications) required by the Company from the customer for the manufacture or purchase of the goods.
6. Suspension of Company’s Obligations
If any amount owed by the customer to the Company from any cause whatever, whether under the contract or not, is not paid on due date, then, without prejudice to any other rights which it may have, the Company may ;
6.1 require that all amounts then owed by the customer to the Company arising from any cause whatever (and whether under the contract or not) shall immediately become due and payable;
6.2 retain in its possession any goods of the customer until all the said amounts are paid;
6.3 suspend the carrying out of any of its then uncompleted obligations arising from any cause whatever(and whether under the contract or not) until the did amounts are paid;
6.4 terminate or suspend any credit facilities granted to the customer, whether under the contract or not.
7. Cancellation
7.1 The Company shall be entitled to cancel the contract or any uncompleted part of it if;
7.1.1 the customer fails to pay any amount on the due date or is in breach of any other obligation owed to the Company whether under the contract or not; or
7.1.2 the customer is insolvent or seeks to effect any compromise with creditors or compound any debt; or
7.1.3 the customer is placed under any order of sequestration or liquidation, whether such order be provisional or final; or
7.1.4 the customer is the subject of any resolution passed to enable it to be wound up or dissolved; or
7.1.5 any judgement is given against the customer in any court of law and, f appealable, is not appealed against within the period allowed for the lodging of such appeal, or if not subject to an appeal, remains unsatisfied for a period of 10(ten) days. No suspension, delay or cancellation as a result of the foregoing events shall affect any other rights which the Company may have against the customer in terms of the contract or otherwise.
7.2 The customer’s rights in terms of 7.1 shall not be exhaustive and shall be in addition to its common law rights or any other rights it may have under any other agreement.
7.3 No relaxation which the Company may have permitted on any one occasion in regard to the carrying out of the customer’s obligations shall prejudice or be regarded as a waiver of the Company’s rights to enforce those obligations on any subsequent occasion.
7.4 Upon cancellation of the contract for any reason whatever;
7.4.1 all amounts then owed by the customer to the Company arising from any case whatsoever(and whether under the contract or not) shall immediately become due and payable;
7.4.2 the Company may retake possession of any goods in respect w… ownership has not passed.
8. Ownership
Notwithstanding the delivery of any goods to the customer, ownership in the goods shall not pass to the customer until the Company has received payment in full of all and any indebtedness of the customer to the Company.
9. Set-Off
In the event of the Company or its holding or a subsidiary or an associate company becoming indebted to the customer, such indebtedness may, at the election of the Company, be set-off against any amounts which may be or become owing to the Company by the customer.
10. Exclusions
10.1 All specifications, illustrations, drawings, diagrams, price lists, dimensions, performance
figures, advertisements brochures and other technical data furnished by the Company in respect of the goods or services, and whether in writing or not, are furnished only on the basis.
10.2 That they will not form part of the contract or be relied upon by the customer for any purpose.
If the goods or any part of them are to be supplied in accordance with any specification
measurements, or other instructions furnished by the customer, the customer shall not have
any claim of any nature whatever against the Company.
10.2.1 for any loss or damages sustained by the customer as a result of any error, discrepancy or defect in those specifications, measurements or other instructions;
10.2.2 if the goods in question are not suitable for the purposes for which they are required(as to which the customer must satisfy himself / itself), whether those purposes are known to the Company or not.
10.3 The Company shall be exempted from and shall not be liable under any circumstances whatever for;
10.3.1 any indirect or consequential damages of any nature or any loss of profits or special damages of any nature and whether in the contemplation of the parties or not, which the customer may suffer as a result of any breach by the Company of its obligation under the contract;
10.3.2 any loss or damage arising directly or indirectly out f injury caused by any negligence on its part or that of its servants o agents in carrying out of its obligations under the contract;
10.3.3 any claims for any alleged shortage in delivery or failure of the goods to comply with the contract unless written notice of the claim is received by the Company within 7 (days) after delivery of the goods.
10.4 Insofar as any of the Company’s obligations under the contract are carried out by its servants, agents of sub-contractors, the provisions of 10.1,10.2 and 10.3 are stipulated for their benefit as well as the Company’s.
10.5 The customer shall not have any claim of any nature whatever against the Company for any failure by the Company to carry out any of its obligations under the contract as a result of vis majeure, including but without being limited to any strike, lock-out, shortage of labour or materials, delays in transport, accidents of any kind, any default or delay by any sub-contractor or supplier of the Company, riot, political or civil disturbances, the elements any act of any State or government or any other authority, or any other cause whatever beyond the Company’s absolute and direct control.
10.6 Subject to the provisions of 11 below the Company does not :
10.6.1 give any warranty or guarantee, or make any representations whatever in respect of the goods or the fitness of the goods or any part thereof for any particular purpose, whether or not that purpose is known to the Company.
10.6.2 Accept any liability for any defect(latent or patent) in the goods or any part of them. Any liability arising directly or indirectly out of warranties implied by law in respect of latent defects is excluded;
10.6.3 Accept any liability of any undertakings or any representation or warranties as to the goods or the specification of the goods given by any servant or agent of the Company unless such representation or warranty is reduced to writing and signed by a director of the Company and is intended to form part of the contract.
11. Guarantee
The Company will accept for replacement or repair, free of charge, any goods or components thereof which have a manufacturing defect/s, provided that the Company is advised thereof in writing within 30(thirty) days from date of delivery and provided that the defective goods or components are returned to Company’s premises as soon as possible transport costs prepaid. The Company will, in its sole discretion, reimburse the customer for the cost of transport should the Company consider this appropriate. This guarantee shall not apply if the goods or components have been modified by cost of transport should the Company, or the operating instructions relating to such goods or components have not been adhered to, or if the good or components have been used for a purpose other than for that for which the goods or components were designed or intended.
12. Time
Time shall not be the essence of the contract. Delaying delivery of goods or performance of services will not invalidate the contract, nor shall the Company be liable for any loss (including consequential loss or loss of profits) or damages of any kind caused by non delivery or late delivery of goods or non-performance or late performance of services.
13. Inability to Supply
13.1 If the Company cannot deliver some or all the goods or perform some or all of the services for any reason beyond its absolute and direct control, including but not limited to any of the causes refereed to in 10.5 above, the Company may, at its discretion, cancel the whole or any part of the contract forthwith. In the event of such cancellation the Company shall not be liable for any loss (including consequential loss or loss of profit) or damages of any kind caused .
13.2 If the Company is temporarily unable to deliver some or all of the goods due to stock shortage, unless otherwise agreed, the goods will be supplied as soon as stocks become available but the Company shall not be liable for any loss (including consequential loss or loss of profits) or damages of any kind caused by the delay.
13.3 The Company shall be entitled to supply goods which do not exactly correspond with what the company had agreed to supply, provided that any differences do not make the goods supplied unsuitable for the customer’s declared purpose.
14. Returns/Cancellation of Order
14.1 No returns may be made without the prior written authorisation by a director of the Company. Unauthorised returns will be returned to the customer at its/his cost.
14.2 Where returns are authorised,railage,postage or transport costs, ass the case may be, must be prepaid by the customer and the goods consigned to the Company’s premises. The Company’s original statement or delivery note or coy thereof must accompany any goods returned and the Company reserves the right to levy a handling fee of 10% (ten per centum) of the price of the goods.
14.3 In the event that cancellation of the contract for the manufacture of goods and/or supply of services is requested by the customer, the Company shall be entitled, in its sole discretion, to agree to such cancellation and to recover, as pre-estimate of damages, an amount equal to 20% of the price of the goods and/or services ordered.
15. Waiver
No extension of time or any relaxation or indulgence granted by the Company to the consumer shall operate as or be deemed to be a waiver by the Company of any of its rights under the contract or a novation of any of the terms and conditions of the contract.
16. Indemnity
The customer hereby indemnifies the Company against any claims which may be made against th3e Company for the infringement or unauthorised use of any patent rights, trademarks or other protected rights which may occur in the manufacture of the goods by the Company in accordance with a design furnished by the customer.
17. Miscellaneous
17.1 The Company may, at its option, institute action in the Magistrate’s Court in order to obtain payment of any amount due by the customer to obtain any other relief to which it may be entitled even if the cause of action in question exceeds the jurisdiction of the Magistrate’s Court in terms of section 45 of Act 42 of 1944 or the Company may institute action in the Supreme Court of South Africa having jurisdiction in order to obtain any relief to which the Company may be entitled.
17.2 The customer shall be liable for all costs incurred by the Company in recovering payment from the customer or any other relief to which it may be entitled, including all tracing agents’ charges and all legal costs on the scale between Attorney and own client.
17.3 A certificate by any director, manager or accountant of the Company (his appointment or authority need not be proved) as to any amount owed by the customer to the Company shall constitute prima facia proof of the indebtedness of the customer to the Company.
17.4 The contract shall be governed in all respects by the laws of South Africa.
17.5 No agreement to vary any of the provisions of the contract shall be binding unless it is recorded in writing and signed by or on behalf of the customer and the director of the Company.
17.6 The headings in these terms and conditions are for convenience only and are not to be taken into account for the purpose of interpreting the contract.
17.7 The contract may not be ceded or assigned by the customer without the prior written consent of the Company.