Standard Terms and Conditions

Download Terms and Conditions

TERMS AND CONDITIONS 

  • Any quotation, tender, order or contract of sale between Aveng Infraset (hereinafter referred to as “Infraset”) and the client in respect of Goods, and any variation thereto, shall be subject to the terms and conditions contained in these Terms. 
  • By placing an order and thereby accepting these Terms, the Client shall be deemed to have agreed that all existing arrangements between and the Client in respect of goods shall be governed by these Terms.

PRICE 

  • Whilst every effort will be made to record the Purchaser’s verbal or telephonic instructions accurately, it is the responsibility of the Purchaser to check the details of the order and to notify Infraset of mistakes, in writing, immediately. 
  • All telephonic orders must be confirmed in writing within 12 hours of placing. 
  • Quotations are subject to the availability of raw materials and stocks of any Goods at the time of manufacture and or delivery. 
  • Save as may be specified on any quotation form, prices are not subject to any discount and are applicable to deliveries made during normal working hours, from Monday to Friday. 
  • All quotations are valid for a period of 60 (sixty) days 
  • All prices are strictly nett and exclusive of Value Added Tax. In the case of delivery other than delivery at the factory, prices are subject to adjustment in respect of any increase / decrease in the cost of delivery arising directly or indirectly from any one or more causes, in particular any delays in the acceptance of the product beyond the validity period of the quote or delays in delivery because of the inability of the client to take delivery would be subject to increases as published by SEIFSA in the relevant tables (Table M for roof tiles, paving bricks, concrete pipes, concrete materials and Table L-2 for road freight) with the month prior to the date of the quote as the base month.
  • In the case of delivery by rail or road any increase in Transnet railage and / or transport rates and / or any other transport costs, including fuel costs. 
    Any statutes or law or regulation, bye-law or notice having the effect of law. 
  • All prices reflected on the Infraset price list are subject to change with reasonable notice to the client.

PAYMENT TERMS 

  • The client shall pay to Infraset the full amount reflected in the tax invoice issued by Infraset. 
    • Promptly upon presentation of the Provisional Invoice to the Client; or 
    • In the case of a Credit Approved Client, within 30 (thirty) days from the date of (the tax invoice) statement or other contractually agreed alternative date.
  • Payment may be transferred to the following bank account:
    Accountholder: INFRASET
    Bank: STANDARD BANK OF SOUTH AFRICA
    Branch: BRAKPAN – 002042
    Account No: 0020 9224 85
  • A Credit Approved Client, which fails to make payment in accordance with clause 3.1.2, forfeits its right to credit facilities granted in terms of clause 4 and all amounts outstanding to its account shall become immediately due and payable. 
  • The client hereby confirms that the goods or services on any Tax Invoice issued duly represent the goods ordered by the client at the prices agreed to by the Client and, where delivery/performance has already taken place, that the goods were inspected and that the Client is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects. All goods delivered shall be deemed to be in order as aforesaid unless the Client has given Infraset written notification of such specific quality, quantity and or other defects within 30 (thirty) days of such delivery of goods has taken place or invoice has been dispatched to the Client, whichever occurs first. 
  • Any item delivered to Infraset shall serve as a pledge in favour of Infraset for present and past debts and Infraset shall be entitled to retain or realize such pledges as it seems expedient at the value as determined by any independent valuator the sworn or realized value of pledged goods will be offset against the Client’s debts and any excess balance will be paid to the Client. 
  • The Client agrees to pay the amount on the Tax Invoice at the offices of Infraset or at such other place Infraset may designate in writing 
  • The risk of payment by cheque through the post rests with the Client. 
  • The client shall not withhold payment and agrees that no extension of payment shall be normally be extended to the Client and any such extension will not be applicable or enforceable unless agreed to by Infraset, reduced to writing and signed by the Client and a duly authorized representative of Infraset, notwithstanding any relaxation or indulgence shown by Infraset to the Client pursuant to any of the obligations of the Client in terms hereof or in terms of law or failure or delay on the part of Infraset to exercise any of its rights in terms hereof or in terms of law, shall be deemed to be a waiver by Infraset of any of its rights hereof or in terms of Law and any such relaxation, indulgence, failure or delay, shall take place completely without prejudice to the Client of its rights in terms hereof or in terms of Law. 
  • The Client is not entitled to set off any amount due to the Client by Infraset against any debt whatsoever. 
    The Client agrees that the amount due and payable to Infraset may be determined and proven by a certificate issued and signed by any director or manager or member or partner of Infraset, whose authority need not be proven or by any independent auditor. Such certificate shall be binding and shall be prime facie proof of the indebtedness of the Client. 
  • The client agrees the interest may be levied at the maximum permissible interest provide for by legislation from time to time on any moneys due to Infraset and that interest shall be calculated daily and compounded monthly from the date of acceptance of the order, in the event of the Client having breached any condition contained herein or if otherwise provided. 
  • All goods supplied by Infraset remain the property of Infraset until such goods have been fully paid for whether such goods are attached to other property or not. Upon the delivery or tender thereof, any risk to any goods shall pass to the Client. 
  • Infraset shall be entitled to withdraw credit facilities for a good reason within its discretion after consultation with the Consumer. 
  • In the event of cancellation, the Client shall be liable to pay (a) the difference between the selling price and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of the repossessed or retained pledged goods shall be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation shall be conclusive proof of the value. If the goods are not recovered for any reason whatsoever, the value shall be deemed to be nil. 
  • The client authorizes Infraset to enter the Client’s premises to repossess any goods delivered and Infraset shall not be liable for any damage relating to the removal of repossessed goods, which might be cause by its agents or representatives. 
  • All goods supplied by Infraset remain the property of Infraset until such goods have been fully paid for whether such goods are attached to other property or not. Upon the delivery or tender thereof, any risk to any goods shall pass to the Client. 
  • The Client is not entitled to sell or dispose of any goods unpaid for without the prior written consent of Infraset. The Client shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of Infraset in the goods. 
  • If any goods supplied to the Client are of a generic nature and have become the property of the Client by operation of law, the Client shall be obliged on notice of cancellation of the agreement to retransfer the same quantity of goods in ownership to Infraset. 
  • The Client shall be liable to Infraset for all legal expenses on the attorney-and-own client scale of an attorney and counsel incurred by Infraset in the event of (a) any default by the Client of (b) any litigation in regard to the validity and enforceability of this agreement. The Client shall also be liable for any tracing fees, collection commission or valuation fees incurred as well as for any costs, including stamp duties for any form of security that Infraset may demand.

CREDIT FACILITIES 

  • Infraset may, in its sole discretion, grant credit facilities to the Client 
  • Infraset shall have the right, in its sole discretion, to amend or withdraw any credit facilities granted to the Client, upon written notice to the Client, and any amounts then owing to Infraset by the Client under the credit facilities will become due and payable on demand. 
  • Infraset shall have the right, in its sole discretion, to use and to disclose to any source any personal information provided to it for evaluating the Client’s credit-worthiness and protecting Infraset’ s credit risk and the Client hereby consents to such use and disclosure.
  • Infraset shall have the right, in its sole discretion, charge interest in accordance with the NCR at 24% per annum.
  • Infraset shall have the right, in its sole discretion, stop supply on any account that account terms are not adhered to and immediately start charging interest.
  • Infraset uses Credit Guarantee Insurance Company to insure debt and should the account be overdue, Infraset has the right to submit a claim against the debtor once the terms have not been adhered to without notification to the debtor.
  • Any own risk account will be handed to legal and all legal fees, costs and interest will be for the debtors account, where the customer fails to remedy the overdue account.

DELIVERY

  • Infraset shall provide the dates and times of delivery of Goods in good faith and shall not be liable to the Client for any subsequent variations. 
    Infraset shall be entitled, in its sole discretion, to split the delivery of Goods in quantities, on the dates and at the times it decides, and to invoice separately each delivery actually made. 
  • Any delivery of Goods by Infraset to the Client shall be deemed to be completed when the Goods are off-loaded at the delivery address of the Client, failing which, the premises of the Client, or when the Goods are handed over to the third party engaged to transport the Goods on behalf of the Client in terms of clause 6.3. 
  • The client shall provide suitable access roads to and level ground at the point of off-loading at the delivery address or premises of the Client. 
  • Delivery will be in full economical loads and at one point only. Infraset will under no circumstances string Goods on site or at the point of delivery.
  • If Infraset agrees to engage a third party to transport the Goods, Infraset is hereby authorised to engage, at the cost of the Client, such third party on the Client’s behalf and on the terms deemed fit by Infraset. The Client indemnifies Infraset and holds it harmless against any claims that may arise from such agreement. 
  • The signature of any employee or representative of the Client on Infraset’s Delivery Notice (copy or original) shall be prima facie proof that the type and quantity of Goods, manufactured to the correct specifications, were properly delivered to and accepted by the Client.

RETURN OF GOODS AND GUARANTEES 

  • If the client inspects the goods and finds all or any of them do not comply with the standards set by the South African Bureau of Standards or that they have been incorrectly delivered (“the Returnable Material(s)”) or damaged in transit or upon delivery, then the Client must contact Infraset immediately and only return the goods upon mutual agreement within 15 (fifteen) days of the date of delivery at its own cost and in the original packaging with the Delivery Note endorsed with details of the complaint. 
  • Infraset shall have the right, in its sole discretion, to accept or refuse to grant credit for or to repair or replace the Returnable Material(s). 
  • Subject to clause 6.1 the Client shall not return any Goods except at the sole discretion of Infraset and in accordance with a written agreement with Infraset. 
  • New goods are guaranteed according to Infraset’s product specific warranties or agreed specification only and all other guarantees including common law guarantees are hereby specifically excluded. 
  • No claim under this agreement shall arise unless the Purchaser has, within 3 days of the alleged breach of defect occurring, given Infraset 30 days written notice by prepaid registered post to rectify any defect of breach of agreement. 
  • To be valid, claims must be supported by the original delivery note or invoice. 
  • All guarantees are null and void should any goods be tampered with or should the goods be operated or stored outside Infraset’s specifications. 
    Infraset shall not be liable for any consequential damages or direct liability of any nature. 
  • 6.9 Infraset shall not be liable for any damage arising from any misuse of the goods

RISK

  • The risk of damage or destruction or theft of goods shall pass to the Client on tender of delivery and the Client undertakes to comprehensively insure the goods until paid for in full and Infraset shall remain the lawful owner of such goods and hold a lien over any material thing to which services was rendered upon (which lien shall automatically revive if possession was lost at any time if possession is obtained once again by Infraset) until payment has taken place by the Client in full, without any set of taking place of any kind whatsoever. 
  • The Client shall insure the Goods against loss and damage, to the satisfaction of Infraset, until the Goods have been paid for in full. 
  • Until the goods have been paid for in full, the Client shall not encumber the Goods or purport to transfer ownership in the Goods to any third party and shall advise third parties of Infraset’s rights in the Goods. 
  • The Client authorises Infraset to enter its premises to repossess, pursuant to clause 10.1.2, any Goods delivered and indemnifies Infraset and holds it harmless against any damage whatsoever relating to the removal of such goods. 
  • Where ownership in the Goods sought to be repossessed has passed to the Client or to a third party by operation of law, the Client shall or shall procure the re-transfer of such Goods to Infraset.
  • Upon acceptance of an order placed by the Customer, a Contract of sale shall be deemed to have been concluded between the Customer and Infraset in respect of the products which the Infraset has agreed to supply, Infraset would produce products based on the information contained in the order received from the client, of which once orders are produced, shall not be subject to cancellation or amendment by the Customer in any manner whatsoever. 
  • Notwithstanding the acceptance of the cancellation or amendment of an order by the Infraset, Infraset shall be entitled to recover all damages incurred by it arising from or in connection with such cancellation or amendment, including but not being limited to all costs, expenses and loss of profit.

WARRANTY 

  • Infraset warrants that the Goods shall meet the standards set by the South African Bureau of Standards, provided that the goods are not tampered with or stored or used outside Infraset’s specifications. 
  • All other warranties, whether express or implied, including any warranty that the Goods are fit for a particular purpose, including the purpose for which they were ordered, are hereby specifically excluded. 
  • Infraset’s liability for any breach of this warranty shall be limited to the repair or replacement of the Goods. 
  • No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a member of the Seller/duly authorised person. No agreement, whether consensual or unilateral or bilateral, purporting to obligate Infraset to sign a written agreement to amend, alter, vary, delete, add to or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a member of the Seller.

EXCLUSION OF LIABILITY 

  • Infraset shall not be liable to the Client for any loss or damage arising out of the improper or negligent use of Goods, and the Client indemnifies Infraset against any claims arising from the use of the Goods by third parties. 
  • Infraset shall not be liable to the Client for any loss resulting from the delay in or cancellation of the Client’s order arising from a cause beyond Infraset’s control, including but not limited to, inability to secure labour, power, Goods or supplies, computer services, act of God, war, civil disturbance, riot, state of emergency, strike, lockout, other labour disputes, fire, flood, drought or legislation. 
  • Infraset shall not be liable for any negligent or innocent misrepresentation made by it or its employees. 
  • Infraset shall not be liable under any circumstances for any special, indirect or consequential damages, including but not limited to, loss of profit. 
  • Infraset will not be bound by any contracts entered into by the Client prior to signing the Credit Agreement or thereafter for the timeous due and proper fulfilment of their duties towards there contractors and any term and condition contrary to the terms and conditions contained in this Credit Application will be of no force and effect against Infraset.

BREACH 

  • If the Client has not paid Infraset in full by the due date or breaches any other term of these Terms, or if Infraset receives information relating to any application for the liquidation or sequestration, any compromise with creditors or any execution against the assets of the Client, then Infraset shall have the right, in its sole discretion and without prejudice to any other right it may have in law:

    • to cancel the contract; 

    • to repossess and/or recover any Goods delivered to the Client, whether attached to property or not; 

    • to institute action to recover any outstanding amounts, which shall be immediately due and payable, and/or damages, and or: 

    • to stop or suspend supply of Goods and to demand payment for Goods manufactured and/or awaiting delivery

  • For the purpose of clause 10.1.2, where Infraset repossesses Goods, the Client shall be liable inter alia for the difference between the selling price and the value of the Goods at the time of repossession, as well as for the costs of repossession. A sworn valuation shall be prima facie proof of the value of the repossessed Goods. If the Goods are not recovered for any reason whatsoever, the value shall be deemed to be zero. 

  • No claim under these Terms shall arise unless: 

    • It is supported by the original tax invoice; and 

    • The Client has, within 3 (three) days of the alleged breach occurring, given Infraset 30 (thirty) days written notice by prepaid registered post to rectify any breach of these Terms.

COSTS 

  • The client shall be liable to Infraset for all legal expenses on the attorney and own client scale incurred by Infraset in the event of any default by the Client or any litigation in regard to the validity and enforceability of these Terms 
  • The Client shall be liable for any tracing fees, collection commission or valuation fees incurred as well as for any costs and for any form of security that Infraset may demand.

RIGHT TO UPDATE 

  • Infraset reserves the right to update these terms and conditions upon written notice to the Client and on acceptance thereof by the Client