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Terms and Conditions of Sale

CONDITIONS OF SALE

“IPEX” means Ipex Holdings (Pty) LTD and any of its subsidiary or Associated Companies. “GOODS” means the machinery, equipment and materials as well as services of whatsoever nature which is to be sold by IPEX to the purchaser.

1. GENERAL
a. This quotation does not constitute an offer and no contract exists unless and until there has been an acceptance by IPEX, in writing, of an order placed by the purchaser;
b. The acceptance of the purchasers order, whether based on a written quotation or not, shall be subject to the terms and conditions specified herein and shall (unless otherwise specifically agreed in writing) exclude any other guarantees, warranties or conditions and shall exclude the purchasers terms and conditions of order unless agreed to in writing.
2. PRICE
a. The price accepted in the purchasers order includes only the supply of machinery, material, equipment, and services specified therein as at the date of acceptance by IPEX
b. In the event of:-
i. additional goods supplied and delivered and services rendered by IPEX on the purchasers instruction and request; or
ii. any increase in VAT, duties, customs or other taxes imposed by Government Authority of the date of acceptance of the purchasers order; or
iii. any increase in the cost of production and delivery of the goods including but not limited to the cost of freight, insurance, carriage and packaging, and any increase caused by war, or through reasons of a general social or economic character or civil disturbance
IPEX shall be entitled to adjust the contract price accordingly and which amounts will be payable by the purchaser.
3. DELIVERY AND INSTALLATION
a. Time of delivery of the GOODS purchased shall not be of the essence. Delivery and completion times and dates however, are indicated by IPEX in good faith and every endeavour will be made to deliver in terms thereof;
b. Delivery, installation and erection prices does not include the cost of any alteration to building and or electrical connections or supply unless agreed in writing.
4. OWNERSHIP AND RISK
a. Ownership of the GOODS shall, notwithstanding delivery of the GOODS to the purchaser, the purchasers agent or nominee, remain vested in IPEX until paid in full by the purchaser;
b. Risk in and to the GOODS pass to the purchaser on delivery of the GOODS to the purchaser and/or his agent and/or his nominee.
5. EXCLUSION OF LIABILITY
a. The purchaser relies on its skills, knowledge and judgement in relation to the goods sold and IPEX accepts no liability for any knowledge it or its servants or agents may possess as to the purpose for which the GOODS are supplied;
b. IPEX shall not be liable for any loss or damage of any nature whatsoever, whether direct or indirect, consequential or otherwise sustained as a result of any goods supplied and/or services rendered by it being defective or not conforming to the description and/or design thereof, or to any specification or performance figures, or as a result of incorrect and/or late delivery;
c. The purchaser undertakes that it will comply and will procure that its employees and every other person working with the goods purchased from IPEX, will fully comply with the relevant operating and maintenance instructions pertaining to the goods.
6. GUARANTEE
a. Should the goods supplied in terms of this agreement be new, such goods may carry a guarantee by the manufacturer and in which event Ipex shall not be held liable in terms thereof. If the goods are covered by a guarantee, the guarantee shall be given by the manufacturer according to the conditions stipulated by the manufacturer and the purchaser shall claim performance in terms of the guarantee directly for the manufacturer. Ipex undertakes to assist the purchaser insofar as reasonably possible, to obtain performance of the guarantee but such assistance shall not be construed as an acceptance of any liability by Ipex.
7. AMENDMENTS
a. No variation of these terms and conditions shall be recognised unless in writing and agreed to by the parties;
b. The purchaser acknowledges that there is no other understanding, agreements, warranties or representations verbal or written to this contract and not specified herein.

Revision 1.5 dated 6th May 2014