Piper Pumps-Terms and Conditions of Business

1. GENERAL

All orders accepted and all tenders made by Piper Pumps (PTY) LTD are made and accepted upon the following terms and conditions. Any order given to the Piper Pumps (PTY) LTD, or the acceptance of the Company’s tender, shall be deemed to constitute an agreement to be bound by such terms and conditions. Any stipulation or condition contained in any order or acceptance by the Purchaser which conflicts with any of these conditions, or in any way purports to qualify or negate any of them, shall not be applicable.

2. PERIOD FOR ACCEPTANCE OF TENDER: - Any tender made by Piper Pumps (PTY) LTD may be withdrawn at any time before acceptance. If not accepted within one month from the date thereof, the tender shall be deemed to have been withdrawn.

3. STRIP & QUOTE: - Any tender made by Piper Pumps (PTY) LTD on the repair of goods where the tender not accepted by the purchaser will carry a strip and quote charge. These charges will become due and payable before the stripped goods will be returned to the purchaser. Should the purchaser not pay these charges within a period of 30 days Piper Pumps (PTY) LTD reserves the right to sell these goods to recover all costs incurred for the Tender.

4. DRAWINGS AND SPECIFICATIONS All the information contained in any specification, drawing and catalogue for which accompanies or forms part of any tender made by the Company, is subject to alteration at any time without prior notice and Piper Pumps (PTY) LTD will not be bound to comply exactly therewith. Piper Pumps (PTY) LTD shall not be liable for any inaccuracies in any drawings, specifications or other information supplied by the user, and Piper Pumps (PTY) LTD shall not be liable for any defects, accidents or happenings arising out of such faulty information.

5. PRICE VARIATION: - This tender is based on the freight, insurance, import duty surcharge, value added Tax (VAT), and exchange rates ruling on the date of quotation, and in the event of any alteration thereto before delivery of the goods, any increase or decrease as the case may be, will be added to or subtracted from the contract price. Further, the tender has been based on the cost of materials and standard wage rates ruling at the date of tender, and any statutory increases or decreases therefrom shall also be added to or subtracted from the contract price. A certificate by the Company’s auditors as to the amount of any adjustment shall be final and binding.

6. TERMS OF PAYMENT: - Payments for any goods delivered by Piper Pumps (PTY) LTD shall be made at the nett invoice price without deduction of any discount within 30 days after the end of the month of delivery, or alternatively under such terms as are specified on the invoice, and all overdue accounts shall bear interest at prime bank overdraft rates. If at any time the terms of payment are exceeded, Piper Pumps (PTY) LTD reserves the right to cancel any outstanding or uncompleted orders, and all expenses incurred thereby shall be for the Purchaser’s account.

7. RESERVATION OF OWNERSHIP: - Notwithstanding delivery to the Purchaser, all goods sold by Piper Pumps (PTY) LTD shall remain the Company’s sole property until payment in full therefor has been made by the Purchaser.

8. RISK: - The risk of loss or damage to the goods shall pass to the Purchaser from the time when delivery has taken place in terms of the contract between Piper Pumps (PTY) LTD and the Purchaser, and Piper Pumps (PTY) LTD shall not be responsible for any loss or damage to the goods beyond the points of delivery.

9. DELIVERY: - The period of time stated by Piper Pumps (PTY) LTD for delivery of goods ordered or tendered for is to be measured from the date Piper Pumps (PTY) LTD receives a written order to proceed together with all information necessary to enable Piper Pumps (PTY) LTD to put the work in hand and to deliver the goods. Piper Pumps (PTY) LTD will not be responsible or accountable for any delay occasioned by any cause outside its control but shall be allowed a corresponding extension of time, in particular, but without limitation, Piper Pumps (PTY) LTD will not be responsible or accountable for any delay occasioned by strike, lock-out, war, fire, ice accident (wherever any of the said causes shall occur), defective material, or any failure on the part of any supplier to make delivery. Should Piper Pumps (PTY) LTD be prevented from delivering any goods especially manufactured by reason of any of the said causes, the Purchaser shall take goods as Piper Pumps (PTY) LTD is able to deliver and shall pay for the same at the agreed prices.

10. CANCELLATION:- No order received by Piper Pumps (PTY) LTD can be cancelled without the prior written acceptance by Piper Pumps. If Piper Pumps accepts to cancel an order, it shall happen according to the following terms:

In case of cancellation of products continuously kept on stock (A stock products), Piper Pumps shall apply a cancellation fee of 20% of the net invoice value of the order.
In the case of cancellation of non-stock products, Piper Pumps shall apply the following cancellation fees on the following conditions:

>> The products are not yet shipped: Piper Pumps shall apply a cancellation fee of 50% of the net invoice value of the order.

>> The products are shipped: Piper Pumps shall apply a cancellation fee of 100% of the net invoice value of the order.

If the products have been partially delivered; the following additional conditions shall apply to the cancellation:

>> Only products continuously kept in stock (A stock products) can be returned

>> Products more than 3 months old from the invoice date cannot be returned to Piper Pumps

>> Returned products must be in their original, undamaged state and packaging.

>> The cost of reshipment of the goods to Piper Pumps’ warehouse shall be paid by the customer.

10. GUARANTEE OF PRODUCTS MANUFACTURED: - Subject to the conditions hereinafter contained, Piper Pumps (PTY) LTD guarantees all products that have been manufactured by itself for a period of 6 months from the date of delivery or 6 months from date of invoice, whichever is first, against any defect attributable to faulty material or workmanship. Should any defect develop within that period Piper Pumps (PTY) LTD will repair or (at its opinion) replace the defective product/part at the Company’s factory without charge, provided that:

(a) The Purchaser shall have reported any defect to Piper Pumps (PTY) LTD immediately after the defect manifested itself;

(b) The product was not subjected to abnormal use, or to use under abnormal conditions or beyond its capacity as rated and recommended by the Company;

(c) The defect was not caused or contributed to by exposure to direct weather conditions or by operation in abnormal atmospheric conditions;

(d) No repairs or alterations to the products were carried out by the Purchaser or any third party, and

(e) The Purchaser has fulfilled its obligations under the contract. The onus of showing that the conditions set out above have been complied with shall rest on the Purchaser. The Purchaser shall at its own expense return the defective product or part to the Company’s factory and shall meet all other incidental expenses however incurred. Piper Pumps (PTY) LTD shall have a reasonable period of time during which to affect the repairs (or at its option make the replacement), and the guarantee period stated above shall be extended by that time.

11. GUARANTEE OF PRODUCTS NOT MANUFACTURED: - Piper Pumps (PTY) LTD will use its best endeavours to pass on to the Purchaser the benefit (with the corresponding liabilities) of any guarantee received by Piper Pumps (PTY) LTD from the supplier of goods not manufactured by the Company. Nothing herein contained shall, however, impose upon Piper Pumps (PTY) LTD a greater liability than would be imposed by its own guarantee set out above, nor shall Piper Pumps (PTY) LTD have any obligation to enforce that guarantee by litigation or other proceedings.

12. EXCLUSION OF LIABILITY: - It is expressly agreed that Piper Pumps (PTY) LTD shall not be liable for any damage, loss, injury, or expense or any sort or kind caused directly or indirectly to any person or property by any goods sold or delivered by Piper Pumps (PTY) LTD or arising from the use thereof, and all such liability, whether general, special, consequential or otherwise arising out of or due to any of the acts, omissions, negligence or wilful default of Piper Pumps (PTY) LTD or its servants, whether at common law, by statue or otherwise, and whether arising from any condition, representation or warranty (express or implied) relating to the goods sold or delivered is expressly excluded.

13. ERECTION AND INSTALLATION: - Any erection or installation included in the tender, unless otherwise arranged shall be performed by Piper Pumps (PTY) LTD on condition that the Purchaser provides suitable foundations and structures ready and free for use when required, with satisfactory means of access to the site if Piper Pumps (PTY) LTD is prevented from proceeding with the work by circumstances beyond its control, and the Company’s workmen are required to be sent back to complete the work, a charge will be made by Piper Pumps (PTY) LTD to cover the additional expenses incurred. If the terms for erection and installation provide only for work by the Company’s skilled men, all necessary and adequate unskilled labour and tackle shall be provided free of cost by the Purchaser as and when required, but such labour shall at all times be deemed to remain in the employ of the Purchaser and the Purchaser undertakes all liability in respect of claims made under the Workmen’s Compensation Act. It is also the responsibility of the Purchaser to provide electricity and compressed air for the purpose of any erection or installation. If the work is required to be completed out of normal working hours an additional charge at the Company’s usual rates for such work shall be added to the contract price.

14. PATENTS: - The Purchaser shall have no claim whatsoever against Piper Pumps (PTY) LTD arising out of, or flowing from any damages suffered by the Purchaser as a result of any patent or trademark relating to any of the goods sold being infringed, cancelled, breached or otherwise set aside or declared invalid.

15. RIGHT OF CANCELLATION: - The Seller shall have the right to cancel this contract by written notice to the Purchaser in the event that the Purchaser is placed under provisional or final liquidation, judicial management or sequestration or commits any act of insolvency as defined in the Insolvency Act or ceases to carry on business.

16. LEGAL CONSTRUCTION No alteration of any of the above conditions shall be binding on Piper Pumps (PTY) LTD unless agreed thereto by Piper Pumps (PTY) LTD in writing. These conditions and every contract in which they are incorporated, shall be governed by and construed in accordance with the laws of the Republic of South Africa.

17. LEGAL ACTION In terms of section 45 of the Magistrates Court Act 32 of 1944, as amended, the purchaser agrees to submit to the jurisdiction of a Magistrates Court to adjudicate upon all or any disputes arising here from.

TERMS & CONDITIONS