The Purchaser or Customer (hereinafter called “Customer”) agrees that:

  1. The Standard Conditions Of Agreement (hereinafter called “Agreement”) represents the entire Agreement between the Customer and Aluminium and Dive Connection cc T/A Aluminium Connection (hereinafter called “Aluminium Connection”) and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of Aluminium Connection.
  2. This Agreement will not only govern all future contractual relationships between the parties, but all past relationships as well.
  3. This Agreement is also applicable to all existing debts between the parties.
  4. This Agreement is final and binding and is not subject to any suspense or dissolutive conditions.
  5. Any conflicting conditions stipulated by the Customer are expressly excluded.
  6. This Agreement supersedes all previous Agreements without prejudice to any securities or guarantees held by Aluminium Connection.
  7. This Agreement only becomes final and binding on receipt of the acceptance by Aluminium Connection at its business address.
  8. Oral quotations and the oral acceptance of any order will not be binding on Aluminium Connection, only written Quotations on official documentation will be binding.
  9. Aluminium Connection shall only be deemed to have accepted an order upon despatch of the goods covered by that order.
  10. No relaxation or indulgence which Aluminium Connection may grant the Customer or constitute a waiver of its right to enforce strict compliance with this Agreement.
  11. This Agreement between the Customer and Aluminium Connection shall be governed by and construed in accordance with the laws of the Republic of South Africa and shall be enforced in the Courts of the Republic of South Africa. The Customer hereby consents to the jurisdiction of the Magistrate’s Court in respect of any legal proceedings against, notwithstanding that Aluminium Connection cause of action may otherwise exceed the jurisdiction of the Court. Aluminium Connection reserves the right however, at its option to proceed against the Customer in the Supreme Court of South Africa.
  12. The nominated address as reflected on the face hereof for the service upon it of all notice and processes in connection with any claim for any sum due to Aluminium Connection arising out of credit granted by Aluminium Connection to the Customer.
  13. A certificate signed by a director of Aluminium Connection whose appointment need not to be proved showing due and owing by the Customer to Aluminium Connection at the time, shall be valid as a liquid document lot the purpose of obtaining provisional sentence against the Customer.
  14. The Customer shall have no claim for short delivery of goods unless such claim is lodged in writing with Aluminium Connection, stating the nature of the claim within a period of seven (7) days from the date of delivery.
  15. The Customer shall not be entitled to withhold any portion of the purchased price by way of retention monies in the absence of specific agreement in writing.
  16. Goods correctly supplied by Aluminium Connection may not be returned, unless prior arrangements have been made with Aluminium Connection in writing within 7 days of receipt of goods in which event, Aluminium Connection shall be entitled to debit a handling charge of a minimum of 15% prior to the refund of any portion of the purchase price and prior to accepting the return of any such goods. All such goods must be in saleable condition. No order in respect of fabricated products may be cancelled without the prior written consent of a duly authorised Aluminium Connection official.
  17. No purpose made goods or goods made to order may be cancelled or returned for credit.
  18. The Customer acknowledges that copyright in any drawings or part of supplied by Aluminium Connection is vested in Aluminium Connection and the Customer undertakes not to infringe that copyright or to procure the infringement of the copyright by any third party what so ever.
  19. All prices quoted by the Aluminium Connection exclude VAT and any other duties or taxes levied by any competent authority unless otherwise stated.
  20. All verbal or prices contained in Aluminium Connections price list are subject to change without notice.
  21. The prices applicable to any contract shall be the ruling prices on the date of delivery from Aluminium Connection various sales depots.
  22. All specifications, illustration, drawings, diagrams, dimensions and performance figures furnished by Aluminium Connection and any representations in regard thereto are approximate and are furnished for information purposes only, and unless specially guaranteed by Aluminium Connection in writing, shall not form part of the contract, nor bind Aluminium Connection in any way whatsoever. If certified drawings form part of the contract, these must be clearly indicated in the order and will be charged to the Customer as a separate item.
  23. Aluminium Connection reserves the right, where necessary, to submit a drawing to the Customer for signed approval. No contract shall come into effect until the signed drawing is returned to Aluminium Connection’s offices.
  24. Where Aluminium Connection supplies goods to the specifications of drawings furnished by the Customer, no liability whatsoever shall attach to Aluminium Connection in the event of the goods failing to perform the services or functions for which they were required to the satisfaction of the purchaser.
  25. Every endeavour will be made to effect delivery with due promptitude but Aluminium Connection accepts no responsibility for any loss or damage incurred by the Customer on account of failure to deliver or any delay arising from any cause whatsoever, whether beyond the control of Aluminium Connection or not. The Customer shall accept delivery when delivery is tendered and shall not be entitled to resin from the contract on account of a delay in delivery.
  26. Where Aluminium Connection undertakes delivery in its own vehicles driven by its own employees, delivery shall be affected on unloading at the site or at the place designated by the Customer. In all other cases, delivery shall be effected to the Customer as soon as the goods have been handed to a transportation company (including the South African Transportation Services), shipping company or carrier for delivery to the Customer, regardless of any undertaking given by Aluminium Connection regarding such transportation, or the payment of any charges connected therewith, and such shipping company, transportation company or carrier shall be the agent of the Customer. On delivery in accordance with the above provisions, the risk in the goods shall pass the Customer.
  27. If the Customer fails to give Aluminium Connection forwarding instructions within seven (7) days after notification that the goods are ready for despatch or fails to accept delivery of the goods when delivery is tendered then Aluminium Connection shall be entitled to arrange storage, either at its own premises or elsewhere on behalf of the Customer in that event, the goods will be at risk of the Customer who shall be obliged to effect payment of all charges incurred in connection with such storage.
  28. Aluminium Connection shall be entitled to effect part deliveries and each delivery or part delivery of an order shall be deemed to be sold under a separate contract. Neither failure on the part of Aluminium Connection to make any delivery or part delivery in accordance with these conditions, nor any claim by the Customer in respect of such delivery or part delivery shall entitle the Customer to reject the balance of the order.
  29. Notwithstanding the date on which the goods are delivered by Aluminium Connection to the purchaser, ownership in such goods shall not pass until Aluminium Connection has received payment of the full purchase price. In the event that the goods have to be retrieved to counter act costs, Aluminium Connection will not be held labile for any damages or losses due to removing such goods from there final destination. E.g.: an installed window.
  30. Aluminium Connection shall not be liable under any circumstances whatsoever for loss of profit or damages, direct or indirect, consequential or otherwise, claimed by the Customer as a result of Goods supplied by Aluminium Connection being defective. Or; any delay in the manufacture or delivery of such goods by Aluminium Connection, or; Failure by Aluminium Connection to deliver or render services as a revolt, directly or indirectly, of riots. Acts of God, fire, strike, civil commotion, labour dispute, epidemics, floods, accident. delay in manufacture or transportation, shortage of fuel, material, labour or any act, demand or requirement of any state of government or any other authority, or any cause whatsoever which is directly or indirectly or entirely or partly beyond the control of Aluminium Connection, or that the manufacturer of the goods, or; Repairs executed by Aluminium Connection or its agents proving defective or unsatisfactory for any reason whatsoever.
  31. Payment is to be made to Aluminium Connection office, or at such other place as may be designated on Aluminium Connection statement of account or invoice.
  32. Payment shall be made subject to the ruling exchange rate at the time when payment is made. Any fluctuations therein shall be for the Customers account.
  33. The Customer shall not be entitled to withhold payment of any amount due to Aluminium Connection for any reason whatsoever, and shall further not be entitled to set off any payment due against any counter claim which it might allege to have against Aluminium Connection arising from any cause whatsoever.
  34. The Customer shall be entitled to a pre-determined settlement discount ion payment received by Aluminium Connection before the 28th day of the month following the date of its statement except where Aluminium Connection invoice indicates that the invoice is net, in which case, the amount is due as above, but without deduction of any discount.
  35. Invoices are payable on or before the 28th day of the month following the date of the Close Corporations Statement.
  36. All invoices not paid timeously will bear interest at the maximum rates prescribed by law from time to time.
  37. Aluminium Connection may withhold the Customers glassing certificate if deemed that the customer is withholding or going to withhold finial payment.
  38. Aluminium Connection may cancel the Agreement or any uncompleted portion thereof without notice and may take immediate legal action for payment of any amount then due by the Customer or for any loss and or damages suffered under such contract it the Customer should:
    1. Commit a breach of any of the items in this Agreement: or
    2. Die or become provisionally or finally sequestrated or surrender his estate; or
    3. If being a partnership or (Pty) Ltd. the partnership or (Pty) Ltd is terminated: Or
    4. If being a company, the company is placed under a provisional or final winding-up order or, judicial management: or
    5. Compromise or attempt to compromise with any of its creditors or has any civil, judgement granted against it.
    6. Upon termination of the Agreement for any reason, all amounts then owing by the Customer to Aluminium Connection shall immediately become due and payable.
    7. Any action for payment of amounts due to Aluminium Connection by the Customer shall be without prejudice to the rights of Aluminium Connection to recover possession of the goods where ownership in such goods has not passed to the Customer. Aluminium Connection shall be entitled to recover possession of the goods in the event of the Customer’s default without notice and without the necessity to cancel the Agreement.
    8. In the event of the matter being handed over to Aluminium Connection’s attorneys for collection, then the Customer shall be responsible for payment of all legal costs, collection commission calculated at the rate 15% on each instalment and attorney client charges.
  39. This Agreement and its interpretation is subject to South African law.