Terms & Conditions
Terms and Conditions
Effective Date: 01/12/2023
These terms and conditions ("Agreement") are entered into between Radium (Pty) Ltd (referred to as "The Company") and the individual, firm, close corporation, or company ordering goods or services from The Company (referred to as "Customer"). This Agreement governs the sale of goods and services provided by The Company to the Customer. By placing an order, accepting delivery, or conducting business with The Company, the Customer acknowledges and agrees to be bound by the terms and conditions outlined herein.
1. General
1.1 The Company: "The Company" refers to Radium (Pty) Ltd. "Customer" refers to the entity ordering goods or services.
1.2 Agreement Supersession: This Agreement supersedes any earlier sets of conditions appearing in The Company's catalogue or elsewhere, and it overrides any terms and conditions stipulated, incorporated, or referred to by the Customer, whether in the order or in negotiations.
1.3 Written Modification: No waiver, alteration, or modification of the provisions of this Agreement shall be binding unless in writing and signed by a Director of The Company.
1.4 Acceptance of Conditions: Acceptance of delivery by the Customer or their agent of any goods from The Company implies an express acceptance that these conditions apply to the sale, overriding any conditions contrary to these set by the Customer.
1.5 Telephone Orders: In cases where orders are placed and accepted by telephone, acceptance of delivery by the Customer or their agent is an express acceptance of these conditions.
1.6 Precedence of Terms: The terms and conditions of Quotation, Order, and Sale outlined herein take precedence over any conditions of Purchase unless agreed in writing by a Director of The Company.
1.7 Integral Agreement: All terms and conditions herein form an integral part of this agreement, and the Customer acknowledges understanding of the contents, agreeing to conduct all business with The Company in accordance with these conditions.
1.8 Business Undertaking: All business undertakings, including advice, information, or services provided by The Company, are subject to the conditions set out herein and are deemed incorporated into any agreement between The Company and the Customer.
2. Price
2.1 Quoted Prices: Prices quoted are for the specified quantity and may be subject to change if the quantity is reduced. Quotations are valid for one month from the date of the quotation.
2.2 Price List Updates: The Company is not obligated to keep the Customer's price list up to date.
2.3 Price Variations: The Company may vary the quotation price for goods in accordance with market conditions at the time of actual supply. This may include increases in the costs of labor, materials, operations, fluctuations in exchange rates, and transport.
2.4 Carriage Costs: Prices do not include carriage by normal road freight, railage, or parcel post. Special delivery requirements, such as overnight or air freight, will be charged at cost.
2.4.1 VAT: All prices quoted are exclusive of VAT.
2.4.2 Minimum Quantities: Items are offered in minimum packed quantities as per The Company's price list and are only supplied in multiples thereof.
2.5 Interest on Overdue Payments: The Company reserves the right to charge 2% interest above Nedbank's prime rate on all sums due and unpaid after the specified settlement date. This interest shall compound and accrue from day to day until full payment is received.
3. Settlement Terms
3.1 Payment Due Date: The Company's net monthly account is payable on or before the last day of the month following the invoice date. Payment before or on the due date is a condition precedent to future deliveries.
3.2 Dispute Resolution: Any disputes related to payments must be submitted in writing to the Credit Controller of The Company within thirty days of the invoice date.
3.2.1 Dispute Resolution (Partial Payments):
3.2.1.1 The Customer shall pay the disputed portion of the purchase price into The Company's nominated Attorneys' Trust Account to be held in trust.
3.2.1.2 In case of a dispute resolution in favor of The Company, the funds (including interest earned) shall be paid to The Company.
3.2.1.3 If the dispute is resolved in favor of the Customer, the funds (including interest earned) shall be paid to the Customer.
3.2.1.4 The difference between the disputed portion of the purchase price and the total purchase price shall be paid to The Company immediately.
3.3 Right to Suspend Deliveries: The Company reserves the right to suspend deliveries and revoke trading benefits for non-compliance with the terms and conditions herein.
3.4 Statement as Proof: A statement signed by The Company specifying the amount owed by the Customer shall be prima facie proof of the indebtedness and payment due to The Company.
3.4.1 Risk of Loss: All risk of loss or damage in respect of goods delivered shall pass to the Customer upon delivery. The Customer must hold all unpaid goods fully insured against loss and damage and pay the insurance proceeds to The Company.
3.4.2 Default by The Company: If The Company defaults on its obligations or commits a breach, or if a judgment is granted against the Customer, the Customer offers to make arrangements with creditors or commits an act of insolvency, The Company may terminate any subsisting order.
3.5 Recovery of Costs: The Company may recover all costs disbursed to its Attorneys in securing the Customer's compliance with the provisions hereof, including the costs of attendances, tracings, and opinions given.
4. Deliveries
4.1 Estimated Delivery Time: Any time or date nominated by The Company for delivery is an estimate only. The Company shall not be liable for any damages or loss arising from delivery delays.
4.2 Stock Availability: All offers of goods from stock are subject to the goods remaining unsold at the time of the order.
4.3 Period Deliveries: When the Customer specifies period delivery, the final delivery must be due within 12 months of the order being placed, subject to specific order and value requirements.
4.4 Delayed Delivery: If the Customer is unable to accept delivery at the specified time, they must take reasonable steps to prevent the deterioration of goods until actual delivery. The Customer is liable for the reasonable costs, including insurance, incurred by The Company in doing so.
4.5 Commencement of Delivery Time: Delivery time as quoted by The Company applies only from the date when all technical and commercial details have been clarified and agreed upon.
5. Return of Goods
5.1 Return Policy: Goods may only be returned if they are faulty, and only after the Customer has advised The Company in writing of the reasons for the return.
5.2 Acceptable Returns: The Company will only accept returns of goods that comply with the above conditions and were originally supplied by The Company.
6. Warranties
6.1 Warranty Coverage: The Company warrants that goods will be free from defects in materials or workmanship and will conform to The Company's specifications.
Warranty coverage extends to the repair or replacement, at The Company's discretion, of defective or non-conforming goods returned to The Company by the Customer. The Company is not liable for consequential loss or damage or for defects caused by wear and tear or improper handling, including specific items like ground engaging parts, tires, and electronic parts.
6.2 Acceptance of Non-Conforming Goods: If the Customer is aware that the goods do not conform to specifications and accepts them, The Company shall have no liability.
6.3 Validity of Warranty Claim: A warranty claim is valid if it is received by The Company within thirty days of discovery and submitted within three months of the invoice date.
6.4 Errors in Drawings or Samples: The Company is not responsible for errors in drawings or samples after they have been approved by the Customer.
6.5 Exclusion of Warranties: All expressed or implied warranties or conditions, whether statutory or otherwise, as to quality or fitness for a particular purpose, are expressly excluded.
7. Patents
The Customer shall indemnify The Company against all damages, penalties, costs, and expenses to which The Company may become liable due to the use of Customer's design, specifications, or instructions.
8. Transit
8.1 Packaging and Shipment: The Company reserves the right to select methods of packaging and shipment. Non-standard packaging or shipment requested by the Customer will be done if previously arranged, with any additional costs charged to the Customer.
8.2 Packaging Costs: When necessary to use wooden or plastic cases, these will be charged at cost and are non-returnable.
8.3 Non-Delivery or Damage: The Company is not responsible for non-delivery of the entire consignment or any package forming part of it unless the Customer notifies both The Company and the carriers within fourteen days of the dispatch note or invoice date. In cases of goods damaged in transit or loss from a package, the Customer must notify both The Company and the carriers within seven days of receipt of the consignment.
9. Application and Jurisdiction
9.1 Choice of Court: The Company may institute proceedings in any Lower Court exercising jurisdiction, even if such proceedings would typically fall beyond that Court's jurisdiction. This clause constitutes the required written consent for the provisions of the Lower Court Act.
9.2 Governing Law: Regardless of the place of execution, performance, and domicile of the parties, all deliveries, contracts for sale of goods, services, and the relationship between The Company and the Customer shall be governed by the laws of South Africa exclusively.
10. Contingencies
The Company shall be relieved of all liability to the extent that fulfillment of its obligations is prevented, frustrated, or impeded by compliance with any statute, rule, regulation, order, requisition, force majeure, or any cause beyond its control.
11. Retention of Title
11.1 Title Retention: Title in the goods remains vested in The Company and will pass to the Customer only upon full payment of all sums due. The Customer must keep such goods separate and identifiable until full payment is made.
11.2 Right of Entry: The Company may enter the Customer's premises and remove the goods at any time before full payment.
11.3 Ownership of Products: If the goods become constituents of or are converted into products while sums are due to The Company, The Company retains ownership and title to those products.
12. Domicilium Citandi Et Executandi
12.1 Address for Notices: The Customer designates their address as domicilium citandi et executandi for all purposes under this agreement and for the purpose of service of all notices and correspondence.
12.2 Notice Delivery:
12.2.1 Hand Delivery: Notices delivered by hand are deemed received at the time of delivery.
12.2.2 Registered Post: Notices sent by pre-paid registered post are deemed received by the Customer five days after the date of posting.
12.3 Change of Address: Either party is entitled to change their domicilium by written notice to the other party.
13. Variation
No addition, variation, or cancellation of this Agreement shall be effective unless reduced to writing and agreed upon by all parties.
14. Severability
Each paragraph, clause, or sub-clause of this Agreement is severable. If any paragraph, clause, or sub-clause is found to be defective or unenforceable, the remaining paragraphs, clauses, or sub-clauses shall remain in full force and effect.
15. Waiver
No indulgence granted by any party shall constitute a waiver of the rights of the grantor, who shall not be precluded from exercising any rights arising in the past or in the future.
16. Renunciation of Benefits
The Customer renounces all benefits from legal exceptions and fully understands the exceptions renounced in this Agreement.
These terms and conditions represent the entire Agreement between The Company and the Customer and supersede all prior agreements and understandings. The Customer's acceptance of delivery or conduct of business with The Company constitutes acknowledgment and acceptance of these terms and conditions. The Company may update these terms and conditions, and any changes will become effective upon notice to the Customer.
For any questions or concerns regarding this Agreement, please contact The Company.
Radium Engineering (Pty) Ltd
30 3rd Street, Babelegi, Temba, North West, South Africa, 0407
Private Bag X2008, Hammanskraal, Gauteng, South Africa, 0400
Email: info@radium.co.za
Phone: +27 12 719 9062/9063
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