- Agreement and Binding Contract
1.1 The Customer agrees that (a) this Agreement, together with all other documentation issued by LDCQ Steelworks CC shall represent the entire Agreement between the Customer and Pats Steel Industries (Pty) Ltd (hereinafter referred to as PATS STEEL) and that any alterations or additions unless agreed herein may not be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of the PATS ENGINEERING.
2.1 Quotations shall remain valid for a period of 7 days of issue, unless otherwise stipulated in writing.
2.2 No goods outside that set out in in the Quotation will be issued to the Customer.
3.1 In instances, PATS STEEL may require a deposit prior to provision of goods, which sum shall be set out in the quotation issued to the Customer.
3.2 The balance of payment is due and payable immediately upon provision of goods.
3.3 In the event of a cancellation received prior to delivery of the order, the Customer may be liable for:
3.3.1 a 15% handling fee in respect of baseline goods;
3.3.2 the full value of any goods specially purchased or manufactured in terms of the order.
4.1 It is the Customer’s responsibility to ensure that goods are suitable for the purpose for which it is intended.
4.2 The Customer shall be entitled to return goods purchased within 10 (ten) business days if incorrectly supplied, subject to such goods being unused, undamaged, in their original packaging and in a resale-able condition.
4.3 Should the Customer allege any of goods provided to be defective, the Customer shall give PATS STEEL a reasonable opportunity to inspect same prior to furnishing the Customer with the requested remedy.
4.4 To the extent allowed by law, any approximation of lead times required to provide goods constitutes and estimation only and shall not be binding on PATS STEEL. Failure by PATS STEEL to provide goods on or before the estimated delivery date will therefore not entitle the Customer to cancel the agreement, unless the aforementioned is attributed to PATS STEEL’s gross negligence or as otherwise agreed between the parties in writing.
- Limitation of Liability
5.1 The Customer hereby agrees to indemnify and hold PATS STEEL, its Members and employees blameless against any loss or damage, of whatsoever nature, which may include but is not limited to and loss or damage, which may include but is not limited to:
5.1.1 economic loss due to any delay in delivery resulting from any Act of God, breakdown of machinery, strike, war, pandemic, or any other factor which is beyond PATS STEEL’s reasonable control;
5.1.2 which are unforeseen and not attributed to PATS STEEL’s, its Members, employees, agents or representatives’ gross negligence. Nothing in this condition will affect the customer’s statutory rights that the services are performed with due skill and care, that the goods supplied are of satisfactory quality and are fit for their purpose and that the products and services correspond with their description.
- Collection of Information
6.1 All information collected will be stored on PATS STEEL’s database. We collect personal information in order to liaise with a Customer telephonically, via our website or email so that we may:
6.1.1 respond to any query or comment received from a Customer;
6.1.2 inform Customers’ of new services;
6.1.3 enable us to process, validate and verify information and requests for the supply of services; and
6.1.4 for the purposes for which the Customer has specifically provided the information.
7.1 If any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement will remain in full force and effect.
7.2 The parties hereby choose Domicilium citandi et executandi (nominated official address) for all purposes under this agreement at the addresses as set in the quotation. Either party may at any time change its official address to any other address by providing not less than 10 (ten) days written notice of such effect to the other party.
7.3 Any indulgence granted by PATS STEEL will not constitute a waiver of any rights or create a new agreement.
7.4 The parties hereby consent to the jurisdiction of the Cape of Good Hope Provincial Division of the High Court of South Africa and to the jurisdiction of any Magistrate’s Court at Cape Town.
7.5 The Customer hereby:
7.5.1 warrants that he/she has the legal capacity and has the legal authority to enter into this agreement;
7.5.2 undertakes responsibility for all costs resulting from this agreement.