1. Unless otherwise stated on the Purchase Order or the Invoice, Core shall deliver the goods to the Purchaser by means of the general postal services or any other delivery service appointed by Core, which shall be at the sole and entire expense of the Purchaser, even when for the Purchaser’s convenience carriage has been prepaid by Core, unless specific written caveat that delivery is included in the price, at which point, it shall be Core’s sole right to determine mode of delivery and time frame.
2. In the event of such a prepaid carriage, the Purchaser shall pay to Core on demand the cost incurred for such carriage in full and without any deductions.
3. The carrier in question shall be the Purchaser’s agent and delivery to that carrier shall constitute delivery to the Purchaser and the Purchaser shall bear all risk in the goods from then on.
4. Core shall not be responsible for any damage to goods during transit, provided that a clean consignment note, not indicating damage or inferior packing, has been issued by the delivery service.
5. Core shall never be bound to the delivery date or time stated on the back hereof, which shall be considered a guideline only, but Core will make all reasonable efforts to deliver goods accordingly.
6. If no delivery date is stated on the back hereof, Core will attempt to deliver as soon as reasonably possible.
7. Core’s obligation to deliver any goods shall always be subject to the availability of the goods to be delivered.
8. Time of delivery of goods shall never be of the essence of this contract, however non-adherence of the Purchaser’s specific delivery date request as stated on of the Purchase Order by more than 30 days , may give the Purchaser the right to cancel its/hers/his order with Core, unless the non or late delivery is caused by any 3rdparty which is not under the control of Core (such as overseas Manufacturer, Transport Companies, Shipping Lines, Port Authorities, Customs or similar) as well as any other unforeseen circumstances such as weather, natural disasters or similar, at which time the order (in full or part thereof) shall be delivered as soon as is reasonably possible by Core
i) If part deliveries are to be made, then each delivery shall be a separate and divisible contract, provided that for so long as the Purchaser is in breach of any of its obligations in respect of any such deliveries, Core shall be entitled to:
ii) suspend further deliveries; or
iii) cancel the order or invoice and in either event without prejudice to its rights under common law.
9. If any amount is due and payable by the Purchaser under this or any other contract with Core, Core shall have the undisputed right until such amount is paid in full with interest, to suspend any or all further deliveries.
10. Notwithstanding anything to the contrary herein contained and notwithstanding any of the terms stipulated on the credit application. Core reserves the right to suspend or reduce deliveries at any time if it considers the amount outstanding (whether due or not) has reached the limit to which it is prepared to allow the Purchaser credit or if it comes to its notice that the Purchaser’s financial position has deteriorated or if it no longer considers the Purchaser credit worthy for any reason whatsoever.
11. Goods containing any variation not exceeding 10 percent in mass, seize, finish, or any other specification shall be accepted by the Purchaser as being in accordance with the order and latitude to a maximum of 10 percent of over or short delivery, shall be allowed in regard to the quantity ordered.
1. The Purchaser shall be entitled to return goods for refund or exchange within 10 (ten) Business Days of having received same, subject to the following conditions:
i) The goods have not been used, are not damaged and are in their original packing;
ii) The goods have not been specifically manufactured for the Purchaser;
iii) The goods have not been specifically ordered from a 3rd party by Core for the Purchaser and in terms of the Purchaser’s order.
iv) The goods form part of Core’s regular stock;
v) The goods did not form part of any discounted sales, specials or promotions.
2. The Purchaser may return defective goods within the period of warranty for either repair, refund or exchange subject to:
i) The goods have not been used for an inappropriate purpose;
ii) The goods have not been mishandled;
iii) The goods have not been incorrectly stored, cleaned or maintained;
iv) The goods have not been repaired or attempted to be repaired by a 3rd party, unless authorized by Core in writing;
v) Core may charge a usage fee for the period of any returned product having been in useful possession.
3. The onus shall be on the Purchaser to inspect all goods upon receipt and failing written notification to the contrary within 48 hours of such receipt, it shall be deemed that the goods have been received by the Purchaser in good order and condition.
4. The Purchaser may not cancel any order of Special Order goods, due to a portion of such goods received being rejected or defective, in which case such defect must be reported to Core in writing, as well as such goods to be physically returned to Core by the Purchaser for inspection.
Upon confirmation and acceptance of such defect by Core, the Purchaser may elect for Core to repair, replace or credit the Purchaser for the defect goods. In the event that such goods cannot be repaired or replaced within a reasonable period of time which shall be no less than the originally quoted period of delivery as stated on the Quote, the defective goods shall then be eligible for credit (subject to paragraph 8 in the Delivery clause above)
5. In the event of Core accepting returned goods as a measure of goodwill and although the above requirements have not been met, Core shall be authorized to charge the Purchaser a processing fee of 20% (Twenty Percent) of the value of returned goods.