Standard terms & conditions of sale

1. Hereinafter

1.1.	“the supplier” means Laser Measurement (Pty) Ltd; and
1.2.	“ the purchaser” means the party ordering the goods; and
1.3.	“contract” means each individual transaction concluded between the supplier and the purchaser in terms of these terms; and
1.4.	“the goods” means the subject matter (“merx”) of the contract; and
1.5.	“the end user” refers to the company using the goods.

2. Due to our service promise, purchase of goods must be directed through the agent appointed for the geographical area of the end user, unless authorised by the supplier.
3. The purchaser is to disclose all information regarding the end user, at the very least the geographical area of end user must be known.
4. In the event that the end user information is not given, the supplier holds the right to not supply required goods.
5. The purchaser is responsible for all collection, delivery, installation, programming and commissioning of the goods required by the end user.
6. Acceptance of delivery by the purchaser or his agent of any goods from the supplier shall be express acceptance by the purchaser that these conditions apply to this sale notwithstanding any conditions to the contrary, which the purchaser might seek to impose on its own conditions of purchase.
7. All prices are quoted ex factory and are exclusive of VAT.
8. Quotations are valid for acceptance within 30 days unless otherwise stated.
9. The supplier may deliver the order in whole or in part. In the case of a part delivery, the agreed payment conditions will apply on the portion of the order that has been delivered.
10. All orders and changes to orders must be supplied in writing. In the event of an order being given to the supplier on the purchasers official order form, the purchaser shall be stopped from denying the validity of such order notwithstanding the fact that such order may have been given or signed by a person not authorised by the purchaser.
11. All orders are subject to a 20% cancellation fee.
12. Notwithstanding anything to the contrary herein contained the supplier shall have the right to suspend any delivery under any contract at any time if in its sole discretion it considers that:

12.1.	If it comes to its notice that the purchaser’s financial position has deteriorated; or,
12.2.	The purchaser does not acknowledge that any contract is upon the terms set forth in these conditions of sale, i.e. purchaser gives supplier false information about the end user.

13. The suppler shall be relieved of all liability whatever and to the extent to which fulfilment of its obligations is prevented or impeded as a consequence of conforming to any statute, or any rule, regulation, order or requisition made hereunder, force majeure, or by any cause beyond its control.
14. All risk of loss or damage in respect of goods delivered shall pass to the purchaser on the goods leaving the supplier’s premises. The purchaser shall hold all unpaid goods fully insured against loss or damage and shall pay the proceeds of any insurance claim to the supplier.
15. The supplier warrants that the goods will be free from defects in material or workmanship and will conform to the supplier’s specifications. The warranty extends only to repair or replacement at the option of the supplier of warranteed goods which are returned, carriage prepaid to the supplier by the purchaser, and which have been determined by the supplier to be defective or non-conforming, provided always that the supplier shall be under no liability for:

15.1.	Any consequential damage of any kind whatsoever.
15.2.	Any defect or deficiency judged by the supplier to be caused by the goods not being installed and wired correctly as per the instruction manual, or improper or unskilled handling of the goods, or by any repair or attempted repair or dismantling by anyone other than the supplier.

16. A warranty claim shall not be valid unless received by the supplier within 12 months of the invoice date. Refer to LaserMeter warranty terms document.
17. All payments are to be effected by electronic transfer into the supplier’s bank account. All cheques posted will be at the purchasers risk. The postal service shall be regarded as the agent of the purchaser and not the agent of the supplier.
18. Ownership of goods shall not pass, nor may ownership be given to a third party until the goods have been paid for in full.
19. The purchaser nominates as its domicilium citandi et executandi the registered address of the purchaser as supplied on the credit application form, for service upon it of all notices and processes in connection with any claim for any sum due to the supplier arising out of credit granted by the supplier to the purchaser.
20. Should the purchaser be in default in any respect whatsoever, the supplier shall be entitled in its sole discretion to institute action against the purchaser in any competent court of law and the purchaser consents to the jurisdiction of the magistrate’s court in terms of section 46 of act 32 of 1944 as amended.
21. Notwithstanding the aforementioned, the supplier shall not be obliged to institute action against the purchaser in the magistrate’s court and purchaser hereby submits to the jurisdiction of the supreme court of South Africa in respect of any action instituted against the purchaser by the supplier.
22. All contracts for sale of goods or services will be interpreted in accordance with South African law.
23. No waiver, latitude or indulgence of any of the above conditions of sale shall be considered permanent. No waiver, alteration or modification of any of the conditions shall be binding unless reduced to writing and signed by both parties.