STANDARD TERMS AND CONDITIONS
Upon acceptance by you of the quote/proposal, you agree all products supplied are so supplied with the standard terms and conditions of MTLG Pty Ltd (MTLG).
State the quotation reference number, once you issue a purchase order. The terms and conditions contained on your purchase order will not apply to, supplement or supersede any provision contained in this quote/proposal and/or the attached agreements.
In the event that third-party goods and / or services are required to fulfill the quotation/proposal as listed above, you as the purchaser, by way of signature accept all terms and conditions as stipulated by the third-party and warrant MTLG against any recourse by purchasing the same on your behalf.
The accepted quote/proposal replaces and supersedes any previous proposals and quotes issued regarding the subject matter thereof.
All pricing in this quotation/proposal is quoted in South African Rand and excludes VAT.
Unless a price has been quoted by MTLG, which will then apply, the price of the goods will be the current ruling price of MTLG on the date that the goods are supplied/delivered to the client.
Prices shall indicate the base rate of exchange (ROE) used to convert the foreign portion to South African currency. Any increase or reduction in the relevant amount as a result of any fluctuation in the rate of exchange or revaluation of currencies shall, irrespective of whether the price is firm or not, be subject to the following conditions:
Fluctuations between contract bill of material rates and quotes: Will be fully exposed to ROE adjustments with the ROE determined at the average buy and sell rate on the quote date based on the FNB closing rates of the previous day (day before the quote date);
Fluctuations between quote date and order date: The order amount in South African currency will be determined at the average buy and sell rate on order date based on the FNB closing rates of the previous day (day before the PO date);
Notwithstanding clause 2.1 and any other provision in these General Terms and Conditions the price contained in the quotation/proposal shall be valid and binding for a period of seven (7) business days.
Invoices become payable immediately upon presentation unless otherwise specified, in the payment terms which specify that clients are to pay a deposit of 50% upon acceptance of the quote/proposal and the remaining outstanding fee a maximum of 2 days before delivery.
Any delays or other unforeseen difficulties caused by the client which are beyond the control of MTLG, may result in additional charges.
All prices quoted exclude VAT, unless stated otherwise.
Any reasonable disbursements, including but not limited to travel and product training, incurred by MTLG in connection with the services rendered, will be agreed to with the client and will be charged to the client at cost plus VAT (where applicable). This clause is only applicable when disbursements are not provisioned for in the quotation/ proposal.
In the event of any portion of an invoice being disputed, then the client undertakes to forthwith pay the undisputed amount of such invoice according to the agreed terms of payment in the terms of this agreement.
Granting of Credit
No credit will be granted unless otherwise agreed between MTLG and the client.
The recipient of information as per the agreement with MTLG, agree to keep the information confidential and not to disclose any such information to unauthorised persons.
Limitation of Liability
MTLG will not be held liable for defective goods or services, unless written notice is received by MTLG within 48 hours after delivery of the goods or installation and activation of the services to the client, detailing the defect.
MTLG’s liability to the client for any damages allegedly sustained by the client, including any damages allegedly arising out of MTLG’s negligence or that of its employees, agents or sub-contractors, will be limited to the replacement of goods and/or providing the services, whichever is applicable.
Neither party will under any circumstances be liable for any consequential damages, special or otherwise, including but not limited to loss of business, loss of profits or anticipated savings, whether foreseeable or not.
In the event of a delict, breach of contract, MTLG will not be held liable for any amounts in respect of the services performed in terms hereof.
Force Majeure and Limitation
Neither party will have any claim against the other party (“the affected party”) for any delay or failure of the affected party to carry out any of its obligations under this agreement arising from or attributable to acts of God, war, terrorism, government, labour action or unrest, failure of suppliers or contractors or any other cause whatsoever beyond the control of the affected party (“force majeure”).
The performance of the obligations of the affected party will, be suspended for the duration of the force majeure, which will be deemed to commence only upon the date of written notice by the affected party to the other party. Upon cessation of the force majeure, this agreement will again become fully operative, and the affected party will immediately resume its performance.
Breach of Termination
In the event of termination, for any reason whatsoever, the client is liable to pay any fees and expenses incurred up until the date of termination.
Any extension of time or any other relaxation of indulgence granted by either party to the other party will not be deemed to be a waiver by that party of any of its rights of the terms and conditions of this agreement.