The term “Plasieve” wherever mentioned, refers to the contractor, Plasieve Pty Ltd, Johannesburg / RSA, registration Number 2013/169195/07. The term “Purchaser” wherever mentioned, refers to the party which purchases items or services from Plasieve. The term “Party” (or “Parties”) shall refer to either Plasieve or the Purchaser, or both. The terms “Contract” and “Agreement” shall both refer to the confirmation of an order, by duly signed Purchase Order or by written correspondence from the relevant person, or by the Invoice issued by Plasieve to the Purchaser. These General Terms and Conditions of Sale shall apply to all Plasieve’s supplies and services and form an integral part of all its’ Offers, Invoices and Contracts. A binding contract between the Purchaser and Plasieve shall be effective, upon the Purchaser’s receipt of an Order Confirmation, or Plasieve’s receipt of a Purchase order, whichever may occur first, duly signed by the relevant authority within the issuing entity, if necessary. Both Parties agree that these conditions shall be the sole binding conditions between the Parties, unless other conditions are subject of a written agreement, duly signed by the relevant authorities within each Party. Should the Purchaser make use of Plasieve’s goods and/or services for the purpose of a second contract, Plasieve shall not be subject to the conditions between the Purchaser and the end user. Any agreements made between Plasieve and the Purchaser, either orally or by means of written correspondence, made prior to the placement of an order shall be considered null and void unless duly signed by the relevant authorities in each Party. Should any provision within this contract be found to be wholly or partially invalid, the parties shall jointly seek an agreement having legal and economic effect which will be similar as possible to the invalid provisions and the Contract shall be amended accordingly. The invalidity of any provision will not influence the remainder of the agreement and shall remain in effect. Titles and captions used in this Agreement and any subsequent agreements are only for convenience and shall not be used in the interpretations of the terms and conditions stated in these agreements. The order of precedence between this agreement and any other agreements the Parties may come to shall be individual agreements between both parties and then the General Terms and Conditions of Sale.
All technical documents, drawings, weights and dimensions, descriptions and illustrations provided by Plasieve, as well as any price lists and other advertising material, are to be considered approximates, unless stated otherwise. These shall not form any part of contracts between Plasieve and the Purchaser. Plasieve withholds the rights to all technical documents, drawings and flow sheets provided in the process of quoting, issuing of orders and supply of products and/or services, except in cases where these documents were specifically paid for by the Purchaser. Plasieve reserves the rights to request the return of any and all documents, including any and all copies made, should the order not be awarded to Plasieve. These documents are strictly for use between Plasieve and the Purchaser and are not to be distributed to any third parties.
Any technical consultations given during the processes of quoting and/or issuing of orders, and/or the supply of equipment or services shall be considered separate to any precontractual or contractual obligations, unless this was rendered as a paid service. Plasieve accepts no responsibility or liability for the correctness of consultations made free of charge.
Equipment and Services that Plasieve lists in its Quotations and Order Confirmations are recommendations from Plasieve and are
subject to confirmation of correctness by the Purchaser. Should the Purchaser not furnish Plasieve with confirmation of the
correctness of Plasieve’s specifications within 5 (five) working days of Plasieve’s receipt of a Purchase Order, it shall be accepted
that these specifications provided by Plasieve have been deemed correct, and for work to be continued using these specifications
for manufacture. It is the responsibility of the Purchaser to ensure that these specifications are indeed correct and suitable for the
purpose of which they are intended.
Any costs incurred by Plasieve and/or the Purchaser in changing of equipment or designs supplied after the correctness of these
have been confirmed will be borne by the Purchaser.
The scope of supply and/or services is limited to that listed in the Quotation and/or Order Confirmation. Should any changes be
requested by the Purchaser, or recommendations made by Plasieve, subject to an agreement being made between both parties, an
amended Order will be issued, showing changes in Scope of supply, increased or decreased Contract Price, and adjustments made
to estimated delivery times.
In the event of variations to or the suspension of works due to the Purchaser’s instruction or lack thereof, or any other reasons within
the Purchasers responsibilities, preventing Plasieve for fulfilling its’ obligations to deliver within the given time, or should payments
not be made within the agreed terms as contractually agreed, any additional costs incurred by the Purchaser or by Plasieve will be
borne by the Purchaser.
Should the Purchaser raise a dispute to any increase in the contract price in terms of any points made in these Terms of Sale, the
resolution of this dispute shall be determined by Plasieve’s auditors (acting as valuers and not as arbitrators) on behalf of both Parties
and their decision shall be final and binding on Plasieve and the Purchaser.
Should the Terms of Payment differ from the Terms set out in the Purchaser’s Vendor Form, Terms of Payment will be made available
on Quotations, Order Confirmations and/or Invoices. These dates shall still be observed by the customer, and payments made as
per these terms, in the event of any delay in delivery, installation or commissioning that is for reasons beyond the control of Plasieve,
if post-delivery work that does not prevent the use of equipment is incomplete, or if minor parts are yet to be delivered. The offsetting
of payment against counterclaims, the delaying of or prevention of payment for any reason will not be allowed. Plasieve strictly does
not accept payment by cheque.
Upon the receipt of a deposit, if required by the Terms of Payment, the Purchaser authorizes Plasieve to begin works as per the Contract and make all necessary physical and labour purchases using the deposit money given. Deposits are therefore deemed to be Non-Refundable, or Partially Refundable to the sole Discretion of Plasieve.
Overdue Accounts will be subject to bear interest at an interest rate of South African Prime Overdraft Rate, as certified from time to
time by the Company’s Bankers, from the date it falls due until it is paid.
Until paid for in full, as per the Terms of Payment, all equipment will remain property of Plasieve.
The Purchaser shall accept all risk once the equipment supplied has been collected from Plasieve’s place of business or a mutually
agreed upon place.
If the delivery is made by any independent carrier, then the carrier shall be the considered agent to the Purchaser and delivery to the
first carrier shall considered be delivery to the Purchaser.
Once informed that goods are ready for collection, the Purchaser shall be granted a 14 (fourteen) day period to arrange the collection
of said goods. Once this period lapses, the risk of all goods will pass from Plasieve to the Purchaser. Should Plasieve incur any costs
due to the storage of goods not collected within the aforementioned period, such as insurance premiums, Plasieve shall send the
relevant invoice(s) to the Purchaser, which will then be refunded to Plasieve.
Goods and raw materials used in the manufacturing process of Plasieve obtained from outside suppliers are checked and/or tested
for the fulfilment of the end user requirements according to Plasieve’s Quality Control Protocols. Equipment manufactured by Plasieve
is inspected during the manufacturing process and before being made ready for transportation, to assure that it corresponds correctly
with the specifications supplied by/ agreed upon by the Purchaser. Should the Purchaser wish to be present for the final inspection
before packaging, then the Purchaser is to inform Plasieve upon confirmation of Order. Anticipated dates shall then be advised by
Plasieve for the inspections, and an agreed upon date shall be arranged between both parties. The Purchaser will bear all costs
involved in the Purchaser’s presence at these inspections. Should the joint inspection be postponed or delayed by the Purchaser for
more than 5 (five) working days after the readiness of the goods, Plasieve will be seen to be authorized in the continuation of the
Order, and inspections shall be deemed to have been made in the Purchaser’s presence.
Delivery times advised in Quotations are estimates only, based upon manufacturing time for order, and not including current capacity
of Plasieve’s manufacturing factory. Revised delivery dates can only be advised once Plasieve has received in full, signed Purchase
Order(s), agreed upon payments, and all technical documentation and confirmed flow sheets.
Delivery dates will be considered fulfilled when the order is ready for dispatch at Plasieve’s place of business within the dates as
stated. Though Plasieve will do its’ utmost to ensure that all orders are made ready within the prescribed delivery dates, the Purchaser
agrees that time is not the essence of the Order, and collections will be taken when tendered. Should there be any delay in the
delivery of the Order due to Force Majeure or any other reasons beyond the reasonable control of Plasieve, Plasieve shall inform the
Purchaser within reasonable time of such delays, with revised delivery dates. No cancellations or penalties will be levied against
Plasieve for any delay experienced.
Should Plasieve be delayed in the manufacturing process, by means including the following, but not limited to, a delay in the delivery
of technical information needed in the manufacturing process; an overdue payment from the Purchaser in terms of the agreement;
or the original order is amended, Plasieve will be entitled to extend the delivery date proportionately to the delay incurred, calculated
in full working days, until these delays have been mitigated.
Should such a delay extend in excess of 5 (five) working days, Plasieve will be entitled to, if necessary, reschedule any and all
outstanding work to the next available time period for design, manufacture, and installation. Plasieve shall be entitled to recover any
costs and/or additional costs incurred from such delays past the 5 (five) day grace period, including but not limited to wasted labour,
increases to material costs, packing, repacking, storage and insurances.
The Purchaser shall bear sole responsible for the commissioning and installation of equipment ordered. Unless specifically stated,
the Contract Price shall not include the installation of the goods. Should installation be requested it will be borne as an extra expense
to the Purchaser, and provisions made in Section 6 (six) of this agreement shall apply Mutis Muttandis
Should Plasieve be entrusted with the installation of equipment, it shall only be liable for delays, defects, and failure to complete its’
obligations where the Purchaser can prove that these failures can be attributed to gross negligence on the part of Plasieve. All tools
provided by Plasieve, as well as any surplus materials remaining at the completion of the installation, shall remain the property of
Plasieve.
Should items sold to the Purchaser be under warranty, they shall be issued with a Warranty Card that is to be filled in and returned
to Plasieve. Items that are sold to the Purchaser that fall under warranty will have a warranty of up to 60 (sixty) months, dependent
on the terms of the Warranty Agreement. This Warranty will be deemed to have begun from date of final invoice, or upon
delivery/collection of the order, whichever may come first.
The Warranty on Second-Hand Goods that have been refurbished by Plasieve, if applicable, will be 3 (three) months from date of
final invoice, or upon delivery/collection of the order, whichever may come first.
No Warranty shall be offered on Second-Hands Items sold “as is”.
Should a warranty issue arise in the first 7 days from date of sale, Plasieve will travel to site free of charge to rectify the issue. This
travel is limited to the Republic of South Africa. Outside of the 7 days, travel to site and time spent will be to the Purchaser’s account.
If the order is found to be defective within the warranty period stated, as fault of poor workmanship, design, or material failure, Plasieve
will repair or replace the faulty parts at its own cost. Replaced parts will become property of Plasieve. If parts are found to still be
defective after Plasieve’s efforts to correct the problem, Plasieve will be entitled to take back the defective parts and reimburse the
Purchaser monies paid for such parts.
Should the representative of Plasieve be dispatched to site and find that the fault is not deemed to be covered by the Warranty, a call
out fee will be charged irrespective of whether it is within the first 7 days of purchase.
Warranty shall apply strictly to the White Acetyl plastic corners and parts. It shall not cover frames, frame corners, coverings of frames,
felts and rubbers, and other items that may be considered as expendables. Excluded from the Warranty shall be any deficiencies
outside of the control of Plasieve, such as normal wear-and-tear, the application of unsuitable materials, changes or repairs made by
the Purchaser or third Parties without Plasieve’s consent, improper or lack of maintenance, or incorrect information supplied by the
Purchaser.
Only genuine Plasieve Parts may be used in the servicing or repair of the products under Warranty. The use of Third-Party
replacement parts will lead to the cancellation of the Warranty Agreement with immediate effect.
Installation of the products under Warranty must strictly be installed by Plasieve or a party authorized by Plasieve to do so.
Should the Purchasers not observe the terms and conditions of this Warranty by means of refusing payment for products and services
deemed to be outside of items covered, Plasieve reserves the right to revoke the warranty by means of written confirmation, sent
physically or electronically.
No other items are covered by this Warranty unless expressly implied in the Terms and Conditions or agreed to in writing and signed
by both Parties.
In no event whatsoever shall Plasieve be liable for claims of damages from the Purchaser as a result of but not limited to loss of orders, production loss, or any of consequential, direct, or indirect damages, provided there are no mandatory laws to the contrary. Plasieve’s liability to compensate the Purchaser for damages incurred will be limited to remedying any defects in the supply, and direct damages caused to persons or property, in accordance with the appropriate liability laws. This liability is also dependent on the Purchaser using the equipment in the correct manner. If the nature of the claim against Plasieve is that of non-conformity or of defective workmanship, this claim needs to be brought to Plasieve’s attention within 10 (ten) working days from its delivery to the client or it’s agent. Any ideas or suggestions made by Plasieve, whether in writing or not, shall not form part of the contract and are not intended to be relied upon by the Purchaser, unless expressly recorded as such. Plasieve shall not be liable for any error in any measurements taken by it in once those measurements have been approved by the Purchaser.
Should either Party suffer conditions that are uncontrollable and/or unforeseeable, such as war, mobilization, power utility failure,
riots, strikes, unavailability of raw materials, and natural catastrophes, they shall not be deemed in default of their contractual
obligations.
Upon the occurrence of any such contingencies, the suffering party shall immediately inform the other party by written notice, stating
the causes of such delay, with supporting evidence. The performance time limits stated within the contract may then be extended
proportionately to the delays caused by Force Majeure.
Should the Force Majeure last continuously for a period longer than 2 (two) months, the parties shall consult and reach an agreement
on a method of further implementation of that contract. In the event that there is no possible way to further implement the contract,
parties shall make arrangements for the termination of said contract, without prejudice to their rights and obligations prior to the
termination of said contract. Indemnity due to Force Majeure will not be claimed by either party. However, the Purchaser agrees to
pay Plasieve the costs of all deliveries or activities rendered up to that date under the contract.
In the event of a breach of contract by the Purchaser, such breach having a material effect on the execution of the Contract or the
like, Plasieve shall be entitled to serve notice to the Purchaser in writing, requiring it to fulfil its obligation and/or to remedy the situation
within a period deemed reasonable by both parties.
Should the situation not be corrected within the agreed upon period of time, and after a second period as set by the affected party,
has lapsed without any efforts to remedy said situation, then Plasieve may have rights to cancel the contract by written notice to the
Purchaser. No relaxation which Plasieve may permit at any time regarding the carrying out of the agreement shall prejudice or be a
waiver of its rights under the agreement.
The termination of the contract shall be without prejudice to any other rights or obligations under this contract or in law to either party.
Upon the termination of the contract, all amounts owed by the Purchaser to Plasieve shall become payable forthwith, and all goods
which ownership has not been passed to the purchaser may be reclaimed by Plasieve.
In the event of Plasieve instructing attorneys in regard to any breach by the Purchaser, of the conditions of this Agreement, then the
Purchaser shall pay all the costs on the scale between Attorney and own Client, including any costs incidental to such action instituted
against the Purchaser including, but not necessarily limited to, collection charges, tracing fees, and counsel fees.
No indulgence, extension of time, relaxation, or latitude which any Party may show, grant or allow to another shall constitute a waiver
by a Party of any such Party’s rights and such Party shall not thereby be prejudiced or stopped from exercising any of its rights against
any Party that may have arisen in the past or which might arise in the future. Unless the context indicates otherwise, the rights and
obligations of any Party arising from this agreement shall evolve upon and bind its successors-in-title.
