General Terms and Conditions of Sale

GENERAL

  • The following conditions issued by SOMTA TOOLS (Pty) Ltd (“the Company”) apply to any contract of which these conditions form part to the exclusion of any conditions of order or purchase of the Customer or any other standards, specifications, conditions or particulars of or adopted by the Customer, unless expressly accepted in writing by the Company as part of the contract
  • All orders placed must be covered by an official order.  The Company reserves the right to supply in satisfaction with the order a deviation from the quantity ordered of plus or minus 10% or one piece, whichever is the greater.

QUOTATIONS AND TENDERS

No order placed in response to the Company’s quotation will be binding unless accepted by the Company in writing.  Tenders submitted by the Company shall remain open for acceptance for a period of six weeks from the date of the tender, unless in the tender some other period is specified or accepted.  Orders placed against specific quotations / tenders must clearly indicate the reference of the quotation.

CANCELLATION; RETURN OF GOODS

An order may not be cancelled or suspended without the prior written consent of the Company on terms to be mutually agreed.  Orders for “specials” (i.e. non-catalogued items) may only be cancelled on payment of a charge equal to the cost of work already carried out.

Only standard catalogued tools of the Company’s current design and specification in first class resaleable condition may be accepted for credit or exchange, and then only if prior written agreement has been obtained from the Company.  Specials will only be credited at their scrap metal value.  Carriage in respect of returned goods shall be arranged and paid by the Customer.  Handling, re-working and re-packing will be charged to the Customer and may be deducted from the credit, which will normally be based on the price originally paid less than the handling charge.

DELIVERY AND COMPLETION DATES

  • Delivery periods and dispatch dates are given in good faith, but the dates specified in the contract are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery.  The company will not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver if the duration of the delay is not substantial or if the delay or failure is due to act of God, fire, inclement or exceptional weather conditions, industrial action (whether at the Company’s premises or elsewhere) hostilities, breakdowns, shortage of labour, materials, power or other supplies, late delivery or performance or non-delivery or non-performance by suppliers or sub-contractors,  governmental order or intervention (whether or not having the force of law) or any other cause whatever beyond the Company’s control or of any unexpected or exceptional nature.
  • No delay shall entitle the Customer to reject any delivery or any further instalment or part of the order or any other order from the Customer or to repudiate the contract or the order
  • Quoted delivery periods for “special” tools are subject to confirmation upon receipt of order.

Goods are offered subject to their being unsold.

The Company will not be held responsible for duplication of consignments if official orders following up verbal or telephoned instructions are not clearly marked “Confirmation”.

TITLE TO GOODS

Delivery dates provided by Somta are estimates only and not guaranteed.

  • Risk of loss or damage to the Goods passes to the Customer as follows:

Somta-arranged delivery (RSA) – upon delivery to the Customer’s nominated address.

Customer-arranged collection – immediately upon dispatch from Somta’s premises, regardless of whether the Customer uses their own courier, driver, or another third party.

Once risk has passed, the Customer is solely responsible for any loss, theft, or damage to the Goods, including during transit.

Somta shall not be liable for any loss, damage, or delay in delivery howsoever caused.

The Customer is responsible for ensuring adequate transit insurance from the moment risk passes.

DELIVERY

The delivery of goods will be as specified in the contract.  The terms “CIF”, “FOB” etc will be as defined in the INCOTERMS 1990.

PRICES

All orders will be invoiced at the Company’s published prices ruling at date of receipt of order.

TERMS OF PAYMENT

Payments will be strictly as specified in the contract unless prior alternative arrangements have been agreed in writing by the Company.

The Company reserves the right to charge interest at the prime rate per month on overdue payments.

SPECIFICATION

Goods are described and illustrated as accurately as possible in the Company’s literature and are manufactured at least to the level of internationally accepted standards, insignificant variations of goods from their stated dimensions or descriptions will not constitute a breach of contract.

The Company also reserves the right to make changes and improvements to its products at any time and supplies will be made in accordance with such changes not to be withstanding the specifications shown in the catalogues or other literature.

INDEMNITY

The Customer shall indemnify the Company against any claim or liability in respect of any infringement of a third party’s patent copyright registered design or other intellectual property rights resulting from compliance with the Customer’s instructions express or implied.

  • The Customer shall also indemnify the Company against any loss, damage, injury, costs and expenses of whatever nature suffered by the Company to the extent that the same is wholly or partly caused by or related to:
  • Designs, drawings or specifications given or specified by the Customer in respect of goods produced by the Company for the Customer; or
  • Defective materials or products supplied by the Customer to the Company and incorporated by the Company in goods produced by the Company for the Customer; or
  • The improper incorporation, assembly, use, processing, storage or handling of goods by the Customer.

EXPORTS

  • It is the Customer’s responsibility, unless the contract otherwise expressly provides to ensure that the goods comply with any applicable regulations relating to the description, specification, use, packaging and importation of the goods into any country.
  • Customers must supply the Company with all necessary information to enable it to comply with the import regulations current in the Country, and keep the Company advised of any modifications thereto affecting any order in process.

Customers shall compensate the Company for any costs incurred in the execution or cancellation of any order if varied or stopped because of any regulation referred to in

  1. above notified the Company or modified after the Company’s acceptance of the order.

WARRANTY

  • The Company warrants in relation to goods of the Company’s manufacture that it will (at the Company’s choice) either repair or replace, or refund the full purchase price of any goods which are found, within a period of 12 months from despatch of such goods from the Company’s works (“the warranty period”) to be defective or not in accordance with the contract or any express description or representation given or made on behalf of the Company in respect of the goods.  The Company will require a reasonable period of time to carry out any repairs or replacements.
  • The Company warrants in relation to goods not of the Company’s manufacture (including but not limited to parts and components supplied by others for goods manufactured by the Company) that it will so far as it is able to do so give the Customer the benefit of any express guarantee or warranty by the manufacturer or supplier of such goods and of any other rights which the Company has against the manufacturer or supplier.
  • The Customer’s remedies in respect of any claim under the foregoing express warranty or against any manufacturer or supplier as aforesaid or any claim under any condition or warranty implied by the law or any other claim in respect of the goods or any workmanship in relation thereto (whether or not involving negligence or breach of contract on the part of the Company) shall in relation to goods of the Company’s manufacture be limited to repair, replacement or refund of the purchase price as aforesaid and in all other cases shall be limited to the enforcement of the above mentioned liabilities of the manufacturer or supplier and any condition or warranty by law shall cease to apply after the expiry of the warranty period.
  • The Company shall not in any circumstances be liable for any damage, compensation, costs, expenses, losses or other liabilities, whether direct or consequential, and any remedy which would otherwise be available in law is hereby excluded except to the extent that such exclusion is prohibited by any rule of law.

LEGAL CONSTRUCTION

These Conditions of Sale shall be construed in accordance with South African Law and be subject to the jurisdiction of the Supreme Court of South Africa, KwaZulu-Natal Local Division.