Terms & Conditions of Trade

The conditions set forth herein shall apply to all transactions for the supply of goods and/or services entered into, or to be entered into, between Rovic & Leers Pty (Ltd), hereinafter referred to as “the Seller” and the purchaser being any legal person, firm, partnership, close corporation or company, hereinafter referred to as “the Purchaser”:
    1. Notwithstanding delivery, ownership in the goods will remain vested in the Seller until all amounts due to it by the Purchaser have been paid, whereupon ownership will pass to the Purchaser, and pending which the Purchaser will not remove the goods from the premises to which they have been delivered. The goods may not be commissioned or used in any way, until paid in full.
    2. The Purchaser takes full insurance risk and liability for full payment as agreed in the sales agreement the moment that the goods are handed over by the Seller. In a case of finance by a financial institution, the finally finance approved documents, signed off by the Buyer to the benefit of the Seller, will be required before delivery and commissioning. Risk in the goods will pass to the Purchaser on conclusion of this contract.
    1. All goods F.O.R the Seller's Branch (Cape Town, Johannesburg or Pietermaritzburg) unless otherwise agreed in writing, for transport at the risk of the Purchaser. Delivery dates are approximate, subject to availability of goods, and the Seller will not be liable for any loss caused due to delays.
    1. COD or as per Dealership agreement, unless credit terms granted by the seller in writing. Overdue accounts will attract interest at the prime overdraft rate plus 2 % (two percent) per annum, compounded monthly, from time to time.
    1. Where goods have not been paid in full, the Purchaser will notify the landlord of any premises to which the goods have been delivered, in writing of the Seller's ownership in the goods, and advise the Seller of the name and address of such landlord.
    1. The Seller warrants goods manufactured by it against defective materials and workmanship, for a period of 12 (twelve) months from date of sale as stated on the customer invoice, provided such defect manifests itself while the goods are used under correct and proper operating conditions, and provided further the Seller is notified in writing of such defect immediately when it occurs.
    2. The Purchaser will inspect and test such goods on delivery, and immediately notify the Seller in writing of any alleged defect found in the goods. The Seller will remedy free of charge defects for which it is responsible, and the Seller will have no further liability of any kind for latent or patent defects in goods, parts or workmanship, or for consequential damages.
    3. Goods not manufactured by the Seller are sold under the original manufacturer’s warranty, should this warranty be of a lesser nature than the Seller’s warranty stipulations.
    4. The Seller will not be held liable for any claim for damages arising from or in connection with any recommendation, advice or assistance given to the Purchaser by or on behalf of the Seller in respect to the goods or usage of the goods.
    5. The Seller does not warranty the suitability of the goods for the Purchaser's purposes and accepts no liability for potential damages or losses of any sort stemming from the use of such equipment. No consequential damages can be claimed. 
    1. This contract will be construed in accordance with and governed by the Laws of the Republic of South Africa. The Seller will be entitled but not obliged to institute any proceedings arising from this contract in any Magistrate's Court having jurisdiction in respect of the person of the Purchaser, notwithstanding the amount of such claim otherwise exceeding the jurisdiction of such Court. The Purchaser chooses domicilium citandi et executandi for all purposes at the address to which goods were delivered. The Purchaser will be liable for all costs, including collection commission and legal costs as between the attorney and own client, incurred by the Seller in enforcing any of its rights in terms of this contract.
    1. Where applicable, the prices quoted by the Seller to the Purchaser have been based on the selling price in the Republic of South Africa or the currency of the country of origin of the goods, and on the transport costs and import duties, levies and charges, applicable on the date of the quotation. The Seller will be entitled at any time before the delivery of the goods to the Purchaser, to adjust such prices in accordance with fluctuations in the selling price of the said currency, and/or in transport, and/or in import duties, levies and charges, and such adjusted prices will thereupon be the prices payable by the Purchaser.
    1. This contract contains the entire agreement between the parties and no variation thereof will be of any force or effect unless reduced to writing and signed by or on behalf of the Seller. The Purchaser acknowledges that no warranties have been given or representations made by or on behalf of the Seller other than those specifically set out it the contract.