All orders placed and sales completed are subject to Service Parts Logistics (Pty) Ltd standard terms and conditions of trade.
Despite anything to the contrary in any other agreement between SPL and the Customer, ownership of equipment sold by SPL to the customer will not pass until the Customer has paid the purchase price for such equipment in full. The risk of loss or damage to the equipment shall pass on delivery to the Customer.
The Customer shall, as soon as is reasonably possible prior to the delivery of the equipment, at its own expense, take out and maintain an insurance policy or policies, covering the equipment against loss, damage or destruction for the replacement value thereof, or where repairable, the costs of repair of such equipment owned by SPL and shall provide SPL with proof thereof, as soon as is reasonably possible.
In the event of the customer failing to comply with any of the provisions of paragraph 3 above SPL shall be entitled but not obliged to procure insurance cover in respect of the equipment, the premiums of which shall be paid by the Customer. At the election of SPL, SPL may pay such premiums as are required thereon, and the Customer shall reimburse SPL the amount so disbursed to SPL together with interest thereon at the rate of 3% above the prime bank overdraft rate charged by Standard Bank on overdraft facilities, from the date of disbursement to date of payment and upon demand.
SPL shall be entitled at its discretion to charge the Customer reasonable storage fees for goods held by SPL for and on behalf of the Customer for any period in excess of 3 weeks from the date on which the goods are delivered to SPL by the Supplier. SPL shall advise the Customer of the rate to be charged prior to charging the storage fee.
Disputed deliveries will not be rectified later – the person signing this document warrants that they are authorised to accept these goods on behalf of the Customer and bind that party to SPL’s full terms and conditions.
No stock returns are accepted by SPL on non-stock items. Stock items may be returned unused and in original, resaleable condition subject to approval by SPL (validated with a SAPC number) and will be subject to a restocking fee of between 30% to 100% of invoiced value.
Any claim for credit by the Customer with regard to faulty / warranty parts, must be accompanied by delivery to SPL of the faulty part. In addition all online authorisations must have been correctly and fully completed together with all relevant documentation as required by SPL. The customer acknowledges that they are fully aware of Exchange parts as identified by OEM suppliers from time to time which require them to return faulty parts to SPL. Exchange parts will be invoiced at their full selling price and upon receipt of the faulty part from the Customer, SPL will credit the invoice for the exchange part according to the Returns Material Authorisation (RMA). This process may be amended by SPL from time to time as required based on changes to operating processes. The term “Exchange Parts” means parts eligible for a discount when an identical faulty part has been received in exchange; this may include Remarketed Parts, and the good part issued may be a
Remarketed Part.
Faulty part and Warranty part returns are always subject to OEM terms and authorisations and the Operational terms and conditions that SPL issue which may be amended by SPL. All such returns must be preauthorised by SPL via its systems from time to time and all documentation must be completed in full. In addition claims must be accompanied by the original invoice as required by SPL. All goods returned by the Customer to SPL shall be returned at the Customer’s expense.
When delivery is made by SPL to the Customer by carrier (i.e. by means of transportation other than SPL’s own transportation) then, and in such event, all risks in and to the equipment in question shall pass to the Customer upon collection thereof by the carrier.
SPL reserves the right to withhold delivery of any undelivered portion of the equipment until all monies payable for any delivered equipment has been paid.
Each delivery or part delivery of any order shall be deemed to be sold under a separate agreement and neither failure on the part of SPL 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. Any delivery note signed by the Customer or on its behalf shall be prima facie proof that delivery of the equipment was made to the Customer.
All equipment is deemed to be in good working order and exactly to the Customer’s instructions and specifications, as recorded on the order form or on SPL’s confirmation of an order, unless notified otherwise by the Customer within 4 days of date of delivery.
Instructions to SPL shall be valid and binding only if timeously given specifically in relation to the order in question and accepted by SPL.
Standing or general instructions or instructions given late, even if received by SPL without comment, shall not be binding on SPL unless accepted by SPL.
In the absence of any instruction by the Customer timeously given and accepted by SPL, it shall be in the entire discretion of SPL to decide what reasonable time to perform any or all the various acts which may be necessary for the discharge of SPL’s contractual obligations to the Customer and SPL shall have no liability or responsibility by virtue of the fact that there may be a change in any charges or tariff’s before or after the performance by SPL or of any act involving a less favourable rate, by tariff or charge or by virtue of the fact that a saving might have been effected in some way had any act been performed at a different time.
Any products supplied in terms hereof by SPL shall carry a warranty that is according to the manufacturers standard warranty terms supplied with the product, unless such warranty is specifically excluded by SPL in writing, and SPL’s liability (if any) shall only be in accordance with the terms and provisions of such warranty.
Service Parts Logistics (Pty) Ltd supplies genuine, original products from various distributors and/or resellers and not necessarily directly from the manufacturer or trade mark owner of the goods or with the trade mark owner’s approval or licencing. As such, Service Parts Logistics (Pty) Ltd is solely responsible for all warranties and must be contacted directly in the event of post-purchase queries and/or claims.
In cases where the term "Remarketed Parts" is used, this includes 'good part open box', ‘reconditioned’, 'pre-inspected equipment', 'equipment returned and resold' and 'refurbished parts'. All such parts are covered by a full 180 day SPL warranty, powered by Care4IT. Ask your account manager about Care4IT for more information on how we can help you drive service levels on extended warranties in your organisation.
SPL shall not be liable under any circumstances whatsoever for :-
Any loss of profit or other special damage or any consequential damages arising out of any breach by it of any of its obligations under this agreement, or any latent or other defects in the equipment;
Any damage to equipment that has occurred on the Customer’s premises subsequent to delivery thereof in any respect whatsoever;
Any loss or damage arising out of the products or any part thereof being defective in any way or not being suitable for any particular purpose or use.
Should SPL, notwithstanding the aforegoing, be found by any competent Court of Law in the Republic of South Africa to be liable for any losses, costs, damages or refunds, the Customer hereby specifically agrees that SPL’s liability will be limited to a maximum of the price received by SPL from the Customer for the equipment which gave rise to the action, subject to the return of such equipment in good condition, fair wear and tear excepted.
SPL shall not be held responsible for failure to perform in terms of this agreement when prevented from doing so by industrial action, breakdown of equipment, war, transport delay, flood, fire, riots, civil disturbance or any other causes beyond its reasonable control.
Each and every provision and/or clause in this agreement is hereby declared to be severable and divisible from the other. Accordingly, in the event that any one or more of the clauses is deleted or found to be invalid or unenforceable for whatever reason, then and in such an event, such deletion, invalidity and or unenforceability shall in no way detract from, limit, inhibit and/or derogate for the enforceability of the remaining clauses.
Any latitude or extension of time, which may be allowed by SPL, shall not under any circumstances whatsoever act as an estoppel or be a waiver of SPL ‘s rights hereunder.
These terms and conditions of sale shall be in all respects governed by and construed in accordance with the laws of the Republic of South Africa. The Courts of South Africa shall have jurisdiction in all matters pertaining to or arising out of these terms and conditions of sale.