Terms and Conditions of Sale - South Africa - STANDARD Machine Tools

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Let us build your IDEAL Machine...

Terms and Conditions of Sale - South Africa

By using this website or accepting any offer from STANDARD Machine Tools, you automatically agree to the Conditions of Sale as set out below.

1. COMPLIANCE

This agreement is subject to the provisions of the Consumer Protection Act and Regulations, Act 68 of 2008, where applicable.

2. EXCHANGE RATE

Prices of imported goods are based on the ruling exchange rate at the date of quotation and may be adjusted according to exchange rate fluctuations at the time of payment to the foreign supplier. All adjustments shall be for the purchaser’s account.

3. PRICE VARIATION

3.1 All quoted prices are based on ruling costs of materials, labour, and transport and are subject to change if those factors vary prior to dispatch.
3.2 Import-related costs such as duties, freight, and insurance are estimated and subject to change. Any increases are for the purchaser’s account.
3.3 Quotations are subject to withdrawal or amendment prior to order acceptance.
3.4 Outstanding balances may be adjusted due to changes in exchange rates or cost factors.
3.5 We reserve the right to invoice for cost variations on invoiced goods/services regardless of payment status.

4. BONA FIDE ERROR

In the event of a bona fide error in quotation or contract, the seller reserves the right to withdraw the offer prior to full payment.

5. TAXES

All prices exclude VAT or any applicable substitution tax.

6. DELIVERY TIME

Delivery times are approximate and dependent on supplier and shipping conditions. Seller reserves the right to adjust shipping schedules to optimise logistics.

7. PAYMENT TERMS

Unless otherwise agreed, payment is due on or before the 15th of the month following delivery. Payment deadlines are critical to the contract.

8. RETENTION OF OWNERSHIP

Ownership of goods remains with the seller until full payment has been made. In the event of repossession, goods will be valued by an independent party and any shortfall or surplus will be handled accordingly.

9. EXTENSION OF TIME

Any agreed extension of payment terms does not affect the seller’s rights under ownership or repossession clauses. The purchaser must insure and safeguard goods until paid in full.

10. TERMINATION

The seller may cancel or suspend deliveries if the purchaser:
10.1 Defaults on any payments
10.2 Fails to provide required security (e.g., letters of credit)
10.3 Refuses delivery
10.4 Enters insolvency or liquidation

11. INTEREST

Overdue accounts will accrue interest at 2.5% above prime per annum unless waived by the seller.

12. GUARANTEE & WARRANTY

12.1 The purchaser confirms the goods are suitable for their intended purpose.
12.2 Operation must be by qualified personnel. The seller accepts no liability for misuse.
12.3 Proper maintenance as per manuals is required.
12.4 No liability applies for post-sale modifications by the purchaser.

12.5 New Goods Warranty
STANDARD Machine Tools warrants its products against faulty workmanship and poor materials for a period of 12 months from the date of delivery. We will, at our discretion, repair or replace faulty parts. This warranty is subject to the following:
12.5.1 Written notice of the defect within 7 days of discovery.
12.5.2 The purchaser bears the cost of dismantling and reassembly.
12.5.3 The purchaser may be required to return parts for inspection.
12.5.4 Labour and transport costs are not covered under this warranty.
12.5.5 Replaced parts become property of the seller.
12.5.6 This warranty aligns with Section 56 of the Act.

12.6 Used Goods
Sold “voetstoots” (as-is) with a 3-month warranty in accordance with the Act.

13. PRODUCT CAPACITY

Production figures are estimates. The purchaser is responsible for confirming suitability and capacity for their specific application.

14. REFUNDS

14.1 No refunds before delivery if the machine has been customized or built.
14.2 Refunds post-delivery only if the product is flawed, unsuitable, and beyond repair.

15. COPYRIGHT

All drawings and intellectual property remain property of the seller.

16. LIMITATION OF LIABILITY

16.1 The seller is not liable for direct or indirect loss arising from sale, use, or specification.
16.2 When working to buyer's drawings or specs, buyer assumes responsibility for design and IP rights.
16.3 No undertakings not stated in writing by the seller are binding.

17. TECHNICAL DOCUMENTATION

Drawings and weights are approximate unless confirmed. Changes in freight charges due to spec variations are for the purchaser's account.

18. INSTALLATION

18.1 Installation is the purchaser’s responsibility unless otherwise agreed.
18.2 If seller performs installation:

  • Site prep is the purchaser’s duty.
  • Delays or extra costs are for purchaser’s account.
  • Purchaser supplies power, air, water, etc. for commissioning.

19. GENERAL

19.1 Non-enforcement of any clause does not mean waiver of rights.
19.2 Seller is not liable for delays due to force majeure events.
19.3 Time is not of the essence unless explicitly stated.

20. VARIATION

No variations to this agreement are valid unless in writing and signed by both parties. Invalid clauses do not affect enforceability of the rest.

21. Changes in Cost Factors

The Buyer acknowledges that certain external cost components—such as, but not limited to, shipping charges, freight surcharges, taxes, tariffs, customs duties, and storage or warehousing fees—are subject to change and may fluctuate between the time of order placement and final delivery. In the event of any such increases in cost beyond Seller’s control, including those imposed by carriers, governmental authorities, or third-party service providers, such additional costs shall be for the Buyer's account.

Seller will make reasonable efforts to notify Buyer of any such changes in cost as they arise. Failure to notify shall not relieve Buyer of its obligation to pay such increased costs. Any additional charges incurred will be invoiced to the Buyer and are payable in accordance with the Payment Terms stated herein.

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