1. APPLICATION OF CONDITIONS
These terms and conditions shall govern and control all offers and sales by PREFORMED LINE PRODUCTS (SOUTH AFRICA) (PTY) LTD. (herein called “PLP”). Unless expressly accepted in writing signed at its head office in Pietermaritzburg by an authorized signatory, any qualification of these conditions in a customer’s order or enquiry, or anything contrary to or conflicting with any of these conditions, shall be treated as inapplicable and of no effect.

2. ACCEPTANCE
Any tender or quotation by PLP only applies for thirty days from date thereof; and no order shall bind PLP until the customer shall receive written confirmation thereof from PLP, duly signed on behalf of PLP.

3. PRICES
All prices are Nett, F.O.R. Works at Pietermaritzburg and subject to change without notice. Value Added Tax (VAT) is not included and will be added-on where applicable. Payment terms are net 30 days.

4. FINANCIAL RESPONSIBILITY
The customer’s financial responsibility is at all times subject to approval of PLP’s credit department and PLP at any time may require payment in advance or a satisfactory security or guarantee that invoices will be paid promptly when due. If the customer fails to comply with any term of payment, PLP reserves the right to withhold further deliveries or to terminate the agreement and any unpaid amount thereupon shall become due immediately.

5. TERMS OF PAYMENT
Net 30 days from date of PLP’s invoice. Should any amount not be paid timeously, all other amounts payable by the customer, but not yet due, shall immediately become due and payable. Interest at the rate of 15.5% p.a shall be payable on all overdue amounts calculated from due date to date of actual payment.

6. DELIVERY
PLP will use its best endeavors to deliver the products by the time fixed for delivery, but if from any cause other than the willful default of PLP delivery is delayed, PLP will not be responsible for any loss or damage thereby caused to the customer. Failure of one delivery shall not vitiate the contract as to others. No responsibility is accepted for delays due to loss in manufacturing or for damage and/or other delays due to Act of God, War, Fire, Civil Commotion, Accidents, and for other causes beyond PLP’s control. Offers of delivery from stock are subject to the fitting being unsold on receipt of order.

7. DELIVERY CHARGES
Unless otherwise agreed in writing or stated in the confirmation of the order, delivery charges are for customer’s account.

8. WARRANTY
PLP warrants that all products manufactured and/or supplied by PLP are free from defects in material and workmanship under normal and proper usage for a period of one year from the date of delivery, when such products have been installed and maintained to PLP’s recommended procedures. Subject to the provisions of clause 9 below, in the event of breach of this warranty, PLP’s liability will be limited to the free replacement only of the products provided such defect is proved to be directly attributable to defective materials or workmanship and subject to a claim being received by PLP in writing within 14 (fourteen) days of such defect. This warranty is exclusive and in lieu of all other warranties, whether express, implied or otherwise arising by operation of law, trade, or course of dealing. In addition, the remedies set forth herein are the sole and exclusive remedies. PLP shall not be liable for any consequential or incidental damages of any kind.

9. LIABILITY
The liability of PLP for any loss or damage, whether special or general, direct or consequential, in respect of any claim arising out of any contract entered into with a customer in connection with the manufacture and/or the sale and/or the supply and/or the delivery of our products, whether such claim shall be for breach of contract, breach of warranty, breach of any statutory duty or for any delict (including the negligence of our employees or servants) shall not exceed the sale price of the relevant products sold to the customer.

10. PACKING
All goods are packed in PLP’s standard corrugated cartons, wooden crates and/or suitable alternatives at PLP’s discretion.

11. LOSS OR DAMAGE IN TRANSIT
PLP is not responsible for this risk. In the case where PLP has accepted transit risk in terms of clause 1 of these conditions, transit loss or damage must be reported by the customer or consignee immediately in writing to the carrier, and also to PLP. Documentary evidence, as prescribed by the CARRIERS must be given by the consignee to PLP within seven days of receipt of the consignment in question.

12. TESTING AND INSPECTION
When testing and inspection is specified by customers and agreed to by PLP, PLP shall test/inspect at its Works in a suitable area designated by PLP.

13. DEVIATIONS IN QUANTITIES MANUFCTURED
Products manufactured are subject to a deviation of plus or minus 10% in quantity.

14. STANDARD PACKS
PLP reserves the right to supply in increments of its standard packs.

15. CANCELLATION
The customer shall not be entitled to cancel or repudiate any order or refuse to accept delivery of any order and/or claim damages or set-off as a consequence of late or short delivery.

16. RETURNS
No product shall be returned without PLP’s prior written authorization. Only non-obsolete standard items in original cartons may be returned. Carriage must be prepaid. Requests for return must be instituted within 90 days of original delivery and returns will be subject to factory inspection before acceptance and credit authorization. PLP reserves the right to apply a minimum servicing charge of 10% of the invoice amount.

17. SPECIFICATIONS
PLP reserves the right to change specifications without prior notice.

18. OWNERSHIP AND RISK
Notwithstanding the delivery of any product to a customer, ownership of the product shall not pass to the customer until PLP has received payment in full of the contract price of the said product. Risk in the product shall pass to the customer on delivery.

19. COSTS
Should PLP incur legal costs in regard to litigation with the customer or for the collection of any amount due by the customer, the customer shall pay such costs on the attorney-and-client scale as well as collection costs calculated at 10 % (TEN PERCENT) of each and every payment made.

20 CONFIDENTIALITY
The customer agrees that all information furnished by or obtained from PLP in connection with the sale of goods hereunder will be confidential, and Buyer agrees not to disclose any such information to any other person, or use such information for any purpose, other than performing this contract.

21 MISCELLANEOUS
The failure of either party to insist upon performance of any term or condition herein or to exercise any right or privilege shall not thereafter waive the future performance of such term, condition, right or privilege or of any other terms, conditions, rights or privileges, whether of the same or similar type. The rights herein and the construction of these Terms and Conditions shall be governed by the laws of the Republic of South Africa, without giving effect to principles of conflict of laws. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Each provision hereof shall be severable, and in the event any provision hereof is held to be contrary to law, invalid or unenforceable, the remaining provisions shall not be affected thereby, but shall remain in full force and effect. The paragraph headings herein are solely for the convenience of and reference by the parties and do not constitute any part of these Terms and Conditions. The customer may not assign its rights or delegate its obligations hereunder without PLP’s prior written consent

22 PATENT
PLP shall defend the customer against any claim of infringement and shall pay any resulting damages finally awarded, provided that (a) the customer promptly notifies PLP in writing of any claim, and (b) PLP has sole control of the defence and all related settlement negotiations. This obligation does not apply to claims arising out of combinations of goods with goods provided by others, or to claims resulting from compliance of the goods with the customer’s design or specifications, or which the customer assumes and shall hold PLP harmless for any claims thereof.

 

Contact Us

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Preformed Line Products

180 Ohrtmann Road, Willowton

PO Box 4015, Pietermaritzburg, KwaZulu-Natal, South Africa, 3200

Telephone: +27 (0) 33 397 5800

Facsimile: +27 (0) 33 387 7094

Email:plppmb@preformedsa.co.za

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