Terms and Conditions

Burkert South Africa (Pty) Ltd

(the Company)

GENERAL CONDITIONS OF SALE

1.         All orders accepted, and quotations issued, by the Company shall be subject to the general conditions of sale specified herein, unless otherwise agreed to in writing by the Company.

2.         Conditions appearing on customer order forms which are at variance with or additional to these conditions of sale shall not be binding on the Company, unless the Company specifically agrees thereto in writing.

3.         Orders accepted by the Company may not be cancelled except with the Company's written consent.

4.         Orders received by the Company are only binding on the Company when accepted in writing by the Company and shall always be subject to the availability of stock.

5.         Any quotation issued by the Company shall only be valid for the period stipulated therein.

6.         Delivery dates are to be treated as estimates only and shall not give rise to any contractual obligations on the part of the Company. Although estimated delivery dates are given in all good faith and every endeavor will be made to adhere to them, time is not to be regarded as the essence of the contract and in the event of the Company not electing to terminate the contract as a result of such delay, the customer shall accept delivery when it is tendered and shall not be entitled to resile from the contract on account of such delay nor shall any claim for damage of any nature whatsoever and from whatsoever cause arising lie against the Company in respect of such delay.

7.         In the case of goods manufactured by the Company, the Company's sole and exclusive liability in respect of any defect in, or failure of the goods or for any loss, injury or damage to persons or property attributable thereto, or for the cost of any labour involved thereby ( including the cost of removal and/or re-assembly of defective parts ) is limited to making good, by replacement or repair (at the election of the Company ), defects which under proper use appear therein and arise solely from faulty design, materials or workmanship within a period of three months after the goods have been delivered, at the termination of which period all liability on the Company's part shall cease. At the Company's request all defective parts must be promptly returned to the Company's premises. Such repaired or new parts will be delivered free within the usual limits of rail delivery. In the case of goods not manufactured by the Company, however, the customer is entitled only to such benefits as the Company may receive under the guarantee (if any) given to the Company by the manufacturer of the goods.

8.         Whilst the Company is prepared to assist customers in the choice of goods, the Company shall not incur any responsibility or liability thereby, beyond that stated in clause 7 above.

9.         The Company shall not be liable for consequential loss or loss of profits arising from defective goods or from any other cause whatsoever.

10.       All prices are strictly nett and are due for payment within 30 (thirty) days of the date of statement of the goods sold and delivered.

11.        When deliveries are spread over a period, or part deliveries are made, each consignment will be invoiced and treated as a separate account and be payable accordingly.

12.       All amounts not paid on due date by the customer shall, without prejudice to the Company's other rights against the customer arising therefrom, bear interest at a rate of 2% (two per centum) per month or part thereof.

13.       Notwithstanding delivery of the goods to the customer, the ownership therein shall remain with the Company until payment in full has been received by the Company.

14.       Goods purchased may be returned up to seven days after delivery providing, they are not damaged in any way. A 10 % handling charge will be levied on returns of standard stock items. A 50% handling fee will be levied on non-standard specially ordered items.

15.       Prices quoted cover the supply of the goods offered and does not include the costs of installing or commissioning those goods.

16.       Delivery of orders will be F.O.R / F.O.T. ex Kempton Park.

17.       All goods are packed with good care and delivered at the customer's risk. Deficiencies and damage due to transportation must be reported to the Company within seven days of receipt of the goods by the customer. In addition, any such deficiency or damage must also be reported to the carrier, and an opportunity afforded to the carrier to inspect same.

18.       All drawings, plans, specifications and data furnished by the Company to the customer in relation to any goods remain the property of the Company and may not without the Company's prior written consent be copied or disclosed to third parties.

19.       Any indulgence that may be shown by the Company to the customer shall not constitute a waiver of any of the Company's rights.

20.       The parties consent, in terms of Section 45 of the Magistrate's Court Act No. 32 of 1944 (as amended), to the jurisdiction of the Magistrate's Court notwithstanding the fact that the amount in issue may exceed such jurisdiction. The consent to the jurisdiction of the Magistrate's Court shall not exclude the jurisdiction of any other competent court having jurisdiction but shall be additional thereto.

21.        No Re-Export Clause

1. Buyer acknowledges that Seller is required to comply with applicable export / import laws and regulations relating to the sale, export, import, transfer, assignment, disposal and use of the Products, including any export / import license requirements, in particular the country import laws of the Buyer, European foreign trade and sanctions laws, in particular for products as per Regulation EU 833/2014 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014R0833-20240224). Buyer agrees as a fundamental obligation that Products will not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any export / import laws and regulations, e.g. circumvention of said laws and regulations. Either Parties’ continuing performance hereunder is conditioned on compliance with such export / import laws and regulations at all times.
2. The Buyer confirms that it will not (re-)sell or use the products outside the country of his company registration or export into a country with limitations as per any of the laws mentioned in paragraph (1). Buyer shall not intentionally or in acting with reckless disregard frustrate the purpose of paragraph (1) using any third parties further down the commercial chain, including by possible resellers.
3. The Buyer shall inform the Seller and the Parties shall coordinate in case of any problems in applying paragraphs (1) - (4), including sharing of necessary information without undue delay.
4. Any Buyer’s culpable violation of paragraphs (1), (2) or (3) shall constitute a material breach of an essential element of this agreement, and the Buyer shall:
   1. Indemnify and hold harmless Seller on first written demand for the full cost of any enforcement penalties and for any other related losses, including Seller’s reasonable legal fees, full cost of any enforcement penalties imposed as a result of Buyer’s breach.
   2. Seller may terminate the contract immediately without prejudice.
   3. Any advance payments received by Seller for Sanctioned Goods not delivered at the time of termination as per (4)(ii), shall remain with Seller as non-refundable compensation and be deducted from any damages due as per paragraph (4) (i).