Terms and Conditions of Sale


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1. GENERAL

All orders placed with NewTech International Environmental Products (Pty) Ltd, shall only be accepted subject to these Terms and Conditions and NewTech International Environmental Products (Pty) Ltd, may at any time and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall apply after notification by NewTech International Environmental Products (Pty) Ltd, to the consumer. A binding contract for the sale of goods shall be deemed to come into existence when an offer to purchase goods from NewTech International Environmental Products (Pty) Ltd , has been made by the buyer and subsequently accepted, by NewTech International Environmental Products (Pty) Ltd, sending to the buyer an Order Acknowledgement Form and/or delivering the goods to the buyer.

2. PAYMENT

2.1 Payment in full for the goods invoiced to the Buyer shall be made to NewTech International Environmental Products (Pty) Ltd, not later than 30 (thirty) days following the date of invoice unless otherwise agreed If the consumer fails to make payment in accordance with 2.1, NewTech International Environmental Products (Pty) Ltd shall be entitled to:

2.1.1 Charge interest at the rate of prime + 2% per annum on all overdue amounts calculated on a daily basis, such interest to be calculated from the due date for payment.

2.1.2 Cease any further deliveries to the customer and to terminate any agreement in relation to goods that have not been delivered.

2.2 If payment of the full amount due under any invoice is not made within the time allowed for payment NewTech International Environmental Products (Pty) Ltd, shall be entitled to:-

2.2.1 Require payment of cash in advance in respect of undelivered goods; or

2.2.2 Refuse to make delivery of any undelivered goods: without incurring any liability whatever to the buyer for non delivery or any delay in delivery.

3. DELIVERY

3.1 Unless otherwise specified the goods will be delivered carriage paid by any method of delivery chosen by NewTech International Environmental Products (Pty) Ltd.

3.2 Delivery of the goods shall be at the delivery address specified on the Order Acknowledgement Form, or if not so specified, at the Buyer’s premises.

4. PROPERTY AND RISK

4.1. Ownership of the goods, shall remain with NewTech International Environmental Products (Pty) Ltd, until the buyer has paid and discharged any and all indebtedness to NewTech International Environmental Products (Pty) Ltd, on any account whatsoever.

4.2. Subject to the goods not having been wilfully or negligently damaged or tampered with, the liability of NewTech International Environmental Products (Pty) Ltd, for breach of a condition of warranty given in respect of the goods is limited, to the following:

4.2.1. the replacement of the goods: or

4.2.2. the supply of equivalent goods: or

4.2.3. the repair of the goods.

4.3. Any returns of goods must be made within 20 (twenty) days of delivery to the customer, failing which the goods and quantity of goods are delivered, shall be deemed to be suitable in every respect. In the event that goods are returned to NewTech International Environmental Products (Pty) Ltd, in accordance with 4.2 the sales invoice showing the goods purchased, the date of purchase and invoice number shall be returned to NewTech International Environmental Products (Pty) Ltd, with the goods.

5. FORCE MAJEURE

NewTech International Environmental Products (Pty) Ltd, shall not be liable for any failure or delay in supply or delivery in supply of the goods, where such failure or delay is wholly or partly due to any cause or circumstance whatsoever, outside the reasonable control of NewTech International Environmental Products (Pty) Ltd , including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, acts of God, breakdown of plant, shortage of labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.

6. MAGISTRATES COURT JURISDICTION

In the event of NewTech International Environmental Products (Pty) Ltd, instituting action against the customer, it shall be entitled to do so in any Magistrates Court and the customer consents to the jurisdiction of such Court in term of Section 45 of the Magistrates Court Act 32 of 1944, for all purposes in term hereof.

Updated 20 May 2011