LEGAL

LEGAL

 

It is of utmost importance to us that working relationships are transparent, so as to ensure a seamless production and delivery process, leaving client and supplier satisfied.

 

Please see our legal section below.

 

 

PAYMENT

 

All equipment quotations are valid for a period of 30 days unless indicated otherwise. Freight estimates and currency exchange rates, obtained by the seller on behalf of the buyer are valid for a period of 14 days and will be revised once the order has been confirmed. Currency exchange rates will be amended accordingly.

 

In accordance with regulations, VAT will be reflected on all sales documentation. Refer to Section 3 for VAT requirements.

 

The seller is registered as an exporter and importer within the Republic of South Africa with additional registration for trade under the following trade agreements - Generalised System of Preferences (GSP) only applicable to the European Union, Norway, Russia or Turkey

- Southern African Developing Countries (SADC) only applicable to Angola, Botswana, Democratic Republic of Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, Swaziland, United Republic of Tanzania, Zambia and Zimbabwe.

 

Goods remain property of Dryers for Africa until settlement of account. User manuals & visual aids will only be released on full settlement of account. Failure to settle outstanding accounts within the payment terms selected will result in interest at a rate of 7,5% per month on the outstanding amount. Discounts cannot be allocated to accounts not settled within the terms nor can discounts be negotiated after the quotation has been accepted.

 

All airfares, accommodation & labour for installation & commissioning are excluded unless specified and cannot be accurately quoted for and will be reconfirmed on order. Applicable ticket changes and visa delay fees will be billed accordingly and included in the final invoice. All additional costs (i.e. transport, installation, etc) shall be payable by the buyer to the seller in advance, no later than 3

days prior to the costs being incurred.

 

The seller shall be entitled to, but not obliged, to request the buyer to provide a guarantee for any portion of the purchase price not immediately payable.

 

A number of approved options have been listed and following the necessary negotiations between both parties, will be actioned accordingly;

 

Option A:

Buyer agrees to pay for the goods as follows:

Deposit (60% Equipment, 100% freight) within 7 days after execution of this agreement; balance within 7 days after seller notifies buyer of opportunity to inspect and seller’s intent to make delivery or upon buyers collection.

 

Preferred transportation terms must be specified and compensation arranged on the day of execution of this agreement.

 

Cash deposit fees are not included on quotations. All cash deposit fees will be included on the final invoice.

 

Option B: (Financial Institutions Only)

Buyer agrees to pay for the goods as follows: 25% deposit within 7 days after execution of this agreement; 65% within 7 days after seller notifies buyer of opportunity to inspect and seller’s intent to make delivery; and 10% upon delivery. If seller should regard its prospect of receiving the last payment insecure, it may demand payment prior to delivery.

 

Preferred transportation terms must be specified and compensation arranged on the day of execution of this agreement.

 

Option C: (Financial Institutions Only)

Buyer agrees to pay for the goods as follows: 20% deposit within 7 days after execution of this agreement; 70% within 7 days after seller notifies buyer of opportunity to inspect and seller’s intent to make delivery; and 10% upon delivery. If seller should regard its prospect of receiving the last payment insecure, it may demand payment prior to delivery.

 

Preferred transportation terms must be specified and compensation arranged on the day of execution of this agreement.

 

Option D: (Pre-authorised and supporting documentation submitted)

 

Cash deposit fees are not included on quotations. All cash deposit fees will be included on the final invoice.

 

 

ENTIRE AGREEMENT

 

The parties agree that this constitutes the entire agreement and there are no further items or provisions, either oral or otherwise. Buyer agrees that it has not relied upon any representations of seller as to prospective performance of the goods, but has relied upon its own inspection and investigation of the subject matter.

 

The parties declare that the laws of the Republic of South Africa shall apply to dispute relating to this agreement and agree to the jurisdiction of the Magistrate’s Courts.

 

 

DELIVERY SCHEDULE

 

Seller shall commence to manufacture within 1 week following receipt of buyer’s initial deposit, completed documentation and purchase order. Seller will complete such manufacturing and make the goods available for inspection at seller’s plant on a date to be determined. If buyer’s inspection discloses defects or adjustments, seller shall have a reasonable time to correct such defects and make such adjustments as are necessary. Buyer shall then have an opportunity to make a final pre-shipment inspection. Seller shall within 7 days of inspection cause the goods to be appropriately packaged and shipped to the address specified by buyer. Seller shall pay all expenses of packaging and preparations for shipment and buyer shall pay all costs of shipment, including insurance on both seller’s and buyer’s respective interests. Wavering the inspections by the buyer will be accepted as final acceptance of the goods for shipment and no claims can be made there after.

 

Delivery is between estimated at 4-6 weeks from receipt of purchase order or signed quotation, completed and signed agreement & proof of payment. Failure to fully complete and submit all listed documentation will indemnify Dryers for Africa from any unforeseen expenses related to delays in manufacturing, assembly, delivery, transportation, customs clearance (where applicable) and other unspecified events.

 

Where short notice orders are received, Dryers for Africa will make every effort to assist with the completion of the received order but does not accept any responsibility for any subsequent delays or failure to meet deadlines.

 

Installation dates are to be confirmed 4 weeks before the departure from South Africa by the technical crew.

 

Where necessary and if possible, Dryers for Africa will try to accommodate successive installations within a certain period. The authorisation is based on flights and staff availability.

 

 

EXCUSE FOR NONPERFORMANCE

 

Seller’s obligations under this agreement are accepted subject to strikes, labour troubles (including strikes or labour troubles affecting any suppliers of seller), floods, fires, acts of God, accidents, delays, shortage of cars, contingencies of transportation and other causes of like or different character beyond the control of seller. Impossibility of performance by reason of any legislative, executive or judicial act of any governmental authority shall excuse performance of or delay in

performance of this agreement.

 

 

ADDITIONAL TERMS & CONDITIONS

 

Warranty: 6 months for faulty materials and workmanship, but excludes electrical components damaged by under/over/lightning voltage, and normal wear and tear. Supply cable and installation thereof not included unless specified.

 

Domestic Flights: In the case of domestic travel within the country of installation, travel in excess of 200km by car, requires domestic flights.

 

Installation Requirements:

a. Technicians will not be dispatched until proof of accommodation, meals and transfer arrangements has been received.

 

b. A certified electrician is to be on site for the duration of the installation.

 

c. Meals for the duration of the installation are for the buyers account unless indicated otherwise. 3 Meals per day are to be provided.

 

d. Site times are calculated at 8 hours, excluding an hour for tea/lunch. Times are to be adhered to unless the Senior Technician indicates otherwise. Failure to prepare the site, resulting in deviations from the times will be penalised.

 

e. Transfers from the airport, to accommodation, to site and to the airport is for the buyers account. Unsuitable transfer arrangements can be declined by the Senior Technician if there are concerns for safety. Any delays due to inadequate travel arrangements will be billed accordingly and additional expenses incurred will be for the Buyers account. ONLY enclosed, roadworthy and safe passenger vehicles are to be utilised when transporting technicians.

 

f. Travel times between accommodation and site, in excess of 60 minutes (one way) must be disclosed. This will affect installation times.

 

g. Intentions to install units further that 15m from the power source must be disclosed. Failure will result in installation delays and will affect the duration of stay.

 

h. Units not at final location at the time of arrival of the technicians, causing delays in installation will be penalised. Delays affecting the duration of the stay will be billed accordingly.

 

i. Training will be provided AFTER the unit/s have been installed and tested by our technicians. The Senior Technicians reserves the right to deny training during installation. Distractions will cause possible delays to the installation agreement.

 

j. If adequate raw materials are available at the time of installation, ensure that at least 10% of the dryer input capacity is available, with labour to load, for drying trial.

 

 

CONTACT DETAILS

Office Number: +27 13 750 0327

Fax: +27 86 602 6889

 

Hamish Brebner

Tel: +27 82 925 4396

hamish@dryersforafrica.co.za

 

Cath de Villiers

Tel: +27 71 498 8436

cath@dryersforafrica.co.za

PHYSICAL ADDRESS

 

No 10 Katoen Street,

Msholozi,

(R40 to White River),

Mpumalanga,

South Africa,

1240

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