Applicable to Yatakala Trading (PVT) LTD T/A Viking Hardware Distributors hereinafter referred to as Company / The Companies
The Supplier as the first and any of their Distributor and or Customers as the second part.
All business undertaken by the Company is strictly and exclusively subject to the Standard Terms and Conditions of Business as detailed hereunder. Notwithstanding anything contained in any customer’s acceptance or in any order placed by him, all business with the company shall be so subject, unless the company otherwise agrees in writing and is signed by a director representing the company.
2. TERMS OF PAYMENT
The terms of payment are strictly cash in full before delivery. The customer shall not be entitled to withhold or delay payment of any amounts due to the company for any reason whatsoever.
Payment is due from the customer upon receipt of the Pro Forma Invoice.
Payment received from the customer within the stipulated period in response to the Pro Forma
Invoice issued by the supplier is acceptance of the offer to do business by the supplier and creates a valid and binding contract of sale
If any amount is not paid on due date, then without prejudice to any right it may have, the supplier may immediately suspend the carrying out of its then uncompleted obligations.
The company’s delivery note signed by the customer or his employees or agent shall constitute proof, that the goods delivered there under accorded with the quantity, type and quality reflected thereon with that order. The onus shall be on the customer to prove contrary.
The risk on all goods described on the company’s delivery note shall pass to the customer on delivery and or collection at suppliers premises.
Ownership of all goods delivered shall pass to the customer when the purchase price therefore has been paid in full.
6. LATE PAYMENT
Interest at the prime overdraft rate plus 5% interest will be charged on a monthly basis on all overdue accounts.
Should payment of the purchase price in full not be made within the stated Terms of Payment, the company reserves the right to cancel any contract or part thereof forthwith and repossess any unsold goods and claim damages sustained.
No goods are returnable after ten days from payment/collection without prior written consent.
Returns shall be credited in full less 50 percent handling charge, subject to the goods being in the original packing and a marketable condition. Carriage is to be borne by the customer.
The customer indemnifies and holds blameless the company against any claim which may be brought against the company.
10. PROOF OF INDEBTEDNESS
A certificate signed by a director of the company showing the amount due and payable by the customer at any given time shall be, unless the customer conclusively proves otherwise, proof of the facts therein stated for the purpose of legal proceedings against the customer for the recovery of the said amount.
Should the company instruct attorneys to collect any amount owing to the company by the customer, the customer agrees to pay all attorney and client costs and collection charges incurred by the company.
The customer specifically consents to the jurisdiction of Zimbabwe for the recovery by the company of any amounts owing to it. Notwithstanding, the aforegoing the company shall at its sole option be entitled to institute proceedings in any Court or competent jurisdiction at its own discretion.
13. SUSPENSION OR CANCELLATION OF DELIVERY
The company reserves the right to suspend, delay or cancel the delivery of some or all of the goods or to require advance payment for them if:
The customer becomes insolvent or unable to pay its creditors, or seek to effect any compromise with any of its creditors or compound any of its debts, or commit an act of insolvency as described in the insolvency Act, as amended.
The customer is placed under an order of sequestration, judicial management of liquidation, whether this order be provisional or final.
The customer is subject to any resolution passed to enable the customer to be wound up or dissolved.
Any judgement is given against the customer in a Court of Law, and is not appealed against within a period allowed for lodging of such appeal, or if not subject to an appeal, remains unsatisfied for a period of 10 (TEN) days.
The customer is in breach of any of its obligation to the company. No suspension, delay or cancellation as a result of any of the foregoing events shall affect any other right which the company may have against the customer in terms of the Contract or otherwise.
Specific products ordered for yourselves cannot be cancelled once produced.
The Company warrants to Purchaser of equipment identified that such new equipment is free of defects and workmanship for the period as stipulated on signing of this agreement. ==
The warranty above must be under the following conditions.
The product must have undergone commissioning or pre-check with Viking staff or authorized personnel by Viking involved and finally approved by Viking
Except for material or workmanship defects, parts replacement and the cost incurred before the machine exist the warehouse should be covered by the dealer.
- 14.1 Parts warranty. Parts replacement within warranty: the warranty period is calculated by the remaining length of the original warranty period. If it is less than one month, one-month warranty shall be granted. New purchased parts: the warranty period is half the length of that in new machine warranty terms, with a maximum of six months.
- 14.2 Non-warranty items. The warranty above does not apply to any of the following circumstances:
14.2.1 Without prior written notice or instructions of Viking Hardware, or user changes,
modifies or mounts non-OEM parts on the product and causes problems or failure.
14.2.2 Operate and maintain the product regardless of the effective operation and maintenance manual or other instructions from Viking Hardware and cause problems or failure.
14.2.3 Handle or repair the product improperly, or use non-original spare parts, and cause problems or failure.
14.2.4 The problem or failures proven to be not caused by material or workmanship defects.
14.2.5 Any damaged or defect caused by accidents, misuse, carelessness or natural disasters.
14.2.6 Machine maintenance, such as engine cleaning, radiator cleaning, replacement of wearing parts, machine lubrication, braking test and so on.
14.3 Major quality problem within/out of warranty period. As for major quality problem of machine or special parts within/out of warranty period, the customer shall keep the site untouched and inform Viking Hardware timely. After the identification of quality and accident, Viking will assist the customer to restore the functions as soon as possible.
The Company and its suppliers shall not be liable to purchaser, any successors in interest, or any beneficiary or assignee of purchaser for any consequential, incidental, indirect, special or punitive damages arising out of the use of the system of any breach of the agreement under which the system is obtained by purchaser, or any defect in, or failure or malfunction of the system hereunder, whether based upon loss of use, lost profits or revenues, goods, loss by reason of shutdown or non-operation, cost of purchase of replacement or claims of purchaser or customers of purchaser for in-service interruption, whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise. The Company shall not be liable, unless agreed in writing, for transportation, labour or other charges or adjustments, repairs, replacement of parts, installation or other work, which is done upon or in connection with the system by other than a representative authorised by The Company. Purchaser shall not operate the system which it or The Company considers being defective without first notifying The Company in writing of its intention to do so. Any such use will be at purchaser’s sole risk and liability. All products sold that has not been manufactured by the supplier are sold voet stoets and without any warranties whatsoever.
15. RELAXATION, INDULGENCE, VARIATION, ALTERATIONS, ETC.
No relaxation or indulgence which the company may extend to the customer shall in any way prejudice the company’s rights nor shall the company be stopped from exercising any such rights, by reason thereof. No variation, waiver, estoppel, novation or mutual cancellation thereof shall be effective unless it be in writing and signed by the customer and the company represented by a director.
Each party chooses as his/its domicilium citandi et executandi for all purposes including notices,
the following address:
The company: its business address namely 15 Grantham Rd, Belmont, Bulawayo.
The customer: its business address namely that used for delivery purposes. All correspondence must be by way of prepaid registered post and that delivery will only be resumed three days after the date of posting of the prepaid registered letter.
No relaxation which the company may permit at any time in regard to the carrying out of the terms of the Contract shall prejudice or be a waiver of its rights under the Contract.
18. LIABILITY TO SUPPLY
If the company cannot deliver or supply some or all of the goods for any reason whatsoever, the company shall have the right, in its discretion to cancel the whole or any part of the Contract forthwith, alternatively the right to execute the order at the earliest possible date after being in a position to do so.
Any delivery date specified is approximate only and the company shall not be bound by any date(s) agreed upon in the Contract, but shall make a reasonable effort to deliver the goods by the specified date(s), consequently the customer acknowledges that time is not the essence of
20. SPECIAL PACKING
Should the customer’s order require abnormal packing, this will be carried out at the customer’s cost.
Although normally permission may be granted to the customer’s representative to visit the company’s works, such permission will not be given automatically.
Headings are used for ease of reference and shall not be used in any way for the interpretation of the terms and conditions.
23. GOVERNING LAW
The terms and conditions shall be governed and interpreted in accordance with the law of the Republic of Zimbabwe.
24. TIME AND DELIVERY
All delivery times quoted are on an “ex works” basis and relate to working weeks only. The delivery period will be calculated from the receipt of final instructions. We shall not be liable for delay but we shall endeavour to comply with the delivery time specified. Arrangements may be made for the delivery of goods by road, rail or otherwise. We accept no responsibility for the failure of any such arrangements.
25. DELIVERY ON SITE
If the Company’s offer includes “delivery to site” it is understood that the customer has the necessary facilities to off-load the goods and will be in a position to accept the goods at a stipulated time, failing which all additional costs and charges for transport and storage will be for
the customer’s account. The goods will be off-loaded and stored by the customer.
If goods are made to the customer’s pattern, drawing or specifications no responsibility can be accepted by the company for the infringement of any patent and the customer agrees to indemnify the Company against any loss and will take up such litigation as if it were against the customer.
Any goods that are made to the customer’s pattern, drawing and specifications will not be accepted for returns or credit. All specifications, illustrations, drawings, diagrams, price lists, quotes, dimensions, performance figures, advertisements, brochures and other technical data
furnished by the supplier in respect of the goods, and whether in writing or not are furnished on the basis that they will not form part of the contract or be relied upon by the purchaser for any purpose.
27. OTHER TERMS
- 27.1 Within warranty period, the replaced parts shall be returned to Viking with the assistance of customer. No organization or person has the right to possess the replaced parts, otherwise Viking has the right to terminate the warranty or even pursue legal actions.
27.2 Approved by Viking, the warranty can be terminated within the warranty period due to infringement of contract by the customer.
27.3 In case that any customer who refuses to use spare parts for maintenance provided by Viking and deliberately breaks GPS and time-meters, we reserve the right to terminate all services and maintenance guidance.
27.4 Viking will provide spare parts, maintenance and repair service free of charge during quality assurance period, for repair service, faulty parts may be repaired with a new one or a remanufactured one. Viking will replace damaged parts free of charge on condition that we determine that damaged parts cannot be fixed technically.
27.5 Viking reserves the right to levy increases for uncontrollable costs including Freight and other third-party costs.
27.6 E&OE, (Errors and Omissions Expected)
27.7 Unless you indicate to the contrary, the above terms and conditions will be regarded as
accepted by receipt of either your signed acknowledgment, payment or return
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF ANY OTHER WARRANTY WHETHER EXPRESS OR IMPLIED.
LIMITATION OF WARRANTY.THE COMPANY EXPRESSLY EXCLUDES FROM ITS LIMITED WARRANTY ANY LIABILITY WHATSOEVER FOR LOSS OF USE OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, PERSONAL INJURY OR ANY OTHER LOSS. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE OF AND IN LIEU OF ALL OTHER WARRANTY VALID FROM DATE OF PURCHASE OR COLLECTION, WHICHEVER COMES FIRST