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Terms and Conditions

TERMS AND CONDITIONS OF SALE

1.The terms of payment are as agreed upon on the invoice/delivery note and the Customer acknowledges that he is familiar with these terms and agrees to strictly adhere thereto.The Customer acknowledges that these terms are directly related to prices quoted and non-adherence may result in price adjustments.

2. The Customer hereby acknowledges that, should any amount not be paid on due date, the entire outstanding balance shall immediately become due and payable.

3. Credit facilities may be suspended on any overdue account and credit facilities may only be reinstated at the discretion of Rolfes Chemicals after settlement in full of the entire amount due to Rolfes Chemicals.

4. All goods sold remain the property of Rolfes Chemicals until payment of the full amount of this invoice is made.

5. Rolfes Chemicals shall not be held liable for any loss of profit or any loss or damage, direct or indirect, consequential or otherwise, sustained by the Customer greater than the actual selling price of the product responsible for the loss, supplied to the customer. The Customer is required to supply conclusive proof that the losses were sustained from the proper use of product supplied by Rolfes Chemicals. Rolfes Chemicals will also not be held liable for any and all losses arising out of the use of the product other than for its intended use.

6. Material safety data sheets and Technical data sheets required by law for certain products supplied are available on the Rolfes Chemicals website www.rolfesza.com.

7. In the event of Rolfes Chemicals instructing its Attorneys or Collecting Agents to collect any overdue amounts, all legal fees and collection charges between Attorney and Client shall be borne by the Customer and all payments made shall be allocated firstly towards such fees and charges, thereafter to interest and finally to capital.

8. The Customer hereby consents to the jurisdiction of the Magistrate Court for any action which may be instituted against the Customer by Rolfes Chemicals in respect of this agreement.

9. This Agreement will fall under the jurisdiction of the South African Law, and any dispute lodged against Rolfes Chemicals will be adjudicated by the applicable South African court.

10. In the event of a Customer: a) failing to pay any monies due to Rolfes Chemicals; b) being provisionally or finally sequestrated or, being a company, provisionally or finally liquidated or being placed under judicial management or business rescue proceedings before the purchase price of any goods purchased from Rolfes Chemicals or any portion is paid in full; Rolfes Chemicals reserves the right without notice to proceed to the place where the purchased goods are stored, take possession thereof and remove the goods from such place.

11. Goods may not be returned without the prior consent of Rolfes Chemicals and the issuing of a goods returned authority number. Rolfes Chemicals may elect to charge a 15% handling fee on goods returned for credit.

12. The Customer agrees to return packaging of products purchased from Rolfes Chemicals, to Rolfes Chemicals for safe disposal or dispose of the packaging the product was received in, according to applicable acts. Rolfes Chemicals will not be held liable for customers’ disposal of packaging in an improper manner in and in contravention to any applicable acts.

13. Stock items returned for credit later than 14 days after the invoice date will not be accepted unless agreed upon in writing. Returns must be accompanied by a copy of original invoice and Goods Return Authority Number issued by Rolfes Chemicals.

14. On signing acceptance for the goods the Customer agrees to comply with these terms and conditions.

15. The address reflected against the Customers name on the delivery note/invoice/credit application is the Customers chosen domicilium citandi et executandi. The Customer understands that if this address should change it must be notified to Rolfes Chemicals in writing.

16. These terms and conditions form the entire agreement between the Customer and Rolfes Chemicals and any indulgence from Rolfes Chemicals may not be construed as a waiver of any rights it has in terms hereof. No variation of these terms shall be valid unless reduced to writing and signing by both parties.