Terms and Conditions of Sale

1. TERMS OF CONTROL

A Buyer's acceptance of goods and/or services shall constitute acceptance of these terms and conditions. Any Terms or Provisions of Buyer's order that are inconsistent with or in addition to MATCH PRECISION ENGINEERING’ terms and conditions shall not be binding unless accepted in writing by MATCH PRECISION ENGINEERING. MATCH PRECISION ENGINEERING’ failure to object to any provision contained in a communication from a Buyer shall not be a waiver of these terms and conditions. If any terms or conditions of sale are declared by an arbitrator, or court or other body having jurisdiction, to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect. This transaction shall be governed by the laws of the Republic of South Africa.

2. DELIVERY AND RISK OF LOSS.

Domestic delivery shall be F.O.B. origin. Title and risk of loss shall pass to the Buyer when products are delivered to the Carrier unless otherwise agreed to in writing by MATCH PRECISION ENGINEERING. Only upon request by the Buyer, shall MATCH PRECISION ENGINEERING prepay and invoice the Buyer for freight and shipping/handling and insurance costs. International orders shall be FOB factory/EX works. Freight and insurance for international shipments may be provided for a fee upon request. No order is assignable without MATCH PRECISION ENGINEERING’ prior written approval.

3. PAYMENT.

100% of the invoiced amount is due in South African Rands within 30 days from date of invoice on approved credit, unless otherwise stated in writing by MATCH PRECISION ENGINEERING. MATCH PRECISION ENGINEERING may modify payment terms if, in its sole opinion, the payment record or financial condition of the Buyer so warrants. Late payments are subject to 1% interest per month on the unpaid balance. Prices exclude any tax or duty now or hereafter imposed upon the production, storage, sale, transportation, or use of the products.

4. FOR INTERNATIONAL SALES

The following payment terms may be required: Letter of Credit - Payment shall be made by an Irrevocable Letter of Credit issued in favour of MATCH PRECISION ENGINEERING, as beneficiary, to be advised, confirmed and payable at the counters of the local negotiating bank. The Letter of Credit must be opened 60 days prior to the acknowledged shipping date with validity held 45 days past such date and must be payable at sight in either US Dollars or European Euros, for 100% of the amount invoiced. Transhipment and partial shipments shall be allowed.
Documentary Collection - All documents permitting usual clearance will be forwarded to the draft processing bank at destination.
Cash in Advance - Payment may be by wire transfer to MATCH PRECISION ENGINEERING. Payment must include estimated shipping and transportation service charges, unless shipped freight collect. Overpayment of such charges shall be refunded.

5. CANCELLATION.

Orders may not be cancelled or rescheduled without MATCH PRECISION ENGINEERING’ written consent and are subject to cancellation or rescheduling charges determined by MATCH PRECISION ENGINEERING. In providing services for equipment under this order, MATCH PRECISION ENGINEERING may determine at its discretion, when permitted by applicable law, to make repairs it deems to be appropriate, including to bring such equipment into compliance with specifications or calibration requirements. MATCH PRECISION ENGINEERING may make such repairs without providing prior notice or obtaining prior consent of the Buyer. If the Buyer thereafter objects to these repairs or their terms for any reason, MATCH PRECISION ENGINEERING may determine in its discretion to restore the equipment to its condition prior to such repair and return the product in that restored condition, or to return the equipment as is without charge, and in each case without provision of a testing certificate. MATCH PRECISION ENGINEERING expressly disclaims any liability or responsibility for equipment returned without repair.

6. EXPORT REGULATIONS.

The sale of MATCH PRECISION ENGINEERING products and technology is subject to and contingent upon compliance with the Export Administration Regulations of the Republic of South Africa. All international orders are contingent upon approval of export licenses required by the Government. The use, sale, reexport, delivery or retransfer, directly or indirectly, of the items described herein, in or to any activities related to the design, production, use, or stockpiling of chemical, biological or nuclear weapons or missiles is strictly prohibited.

7. EXCUSABLE DELAYS.

MATCH PRECISION ENGINEERING shall not be liable for non-delivery or delay in performance when such delay is directly or indirectly caused by, or in any manner arises from, delay or failure to deliver by MATCH PRECISION ENGINEERING’ suppliers, pandemics, disease out-breaks, fires, floods, accidents, riots, war, governmental interference, state embargoes, strikes or shortage of labour, or other causes (whether or not similar to those specified) beyond its control. Delivery shall be deemed suspended so long as such causes delay performance. MATCH PRECISION ENGINEERING agrees to make, and the Buyer will accept, deliveries at a reasonable time after remedy of such causes.

8. DESIGN CHANGES.

MATCH PRECISION ENGINEERING and its suppliers reserve the right to change product design or specifications at any time without notice.

9. LIMITED WARRANTY & LIMITATION OF LIABILITY.

Each MATCH PRECISION ENGINEERING product is warranted to be free from defects in material and workmanship under normal use and service. The warranty period is controlled by the documents furnished with each product and begins on the date of shipment. Parts, product replacements and services are warranted for 60 days. This warranty extends only to the original buyer or end-user customer of a MATCH PRECISION ENGINEERING authorized reseller, and does not apply to any product which, in MATCH PRECISION ENGINEERING' opinion, has been misused, altered, neglected or damaged by accident or abnormal conditions of operation or handling. MATCH PRECISION ENGINEERING authorized resellers shall have no authority to extend a greater or different warranty on behalf of MATCH PRECISION ENGINEERING. Warranty support is available if product is purchased through a MATCH PRECISION ENGINEERING authorized sales outlet or the Buyer has paid the applicable international price. MATCH PRECISION ENGINEERING reserves the right to invoice Buyer for importation costs of replacement parts when product purchased in one country is submitted for repair in another country.
MATCH PRECISION ENGINEERING’ warranty obligation is limited, at MATCH PRECISION ENGINEERING’ option, to refund of the purchase price, free of charge replacement of a defective product returned within the warranty period. To obtain warranty service, contact your nearest MATCH PRECISION ENGINEERING Authorized Service Centre or send the product, with a description of the difficulty, postage and insurance prepaid (FOB Destination), to the nearest MATCH PRECISION ENGINEERING Authorized Service Centre. MATCH PRECISION ENGINEERING assumes no risk for damage in transit. Following warranty repair, the product will be returned to Buyer, transportation prepaid (FOB Destination). If MATCH PRECISION ENGINEERING determines that the failure was caused by misuse, alteration, accident or abnormal condition of operation or handling, MATCH PRECISION ENGINEERING will provide an estimate of replacement costs and obtain authorization before commencing the work. Following replacement, the product will be returned to the Buyer, transportation prepaid and the Buyer will be billed for the replacement and return transportation charges (FOB Shipping Point)./

10. CONCLUSION

This warranty is the buyer's sole and exclusive remedy and is in lieu of all other warranties, express or implied, including but not limited to any implied warranty of fitness for a particular purpose. MATCH PRECISION ENGINEERING shall not be liable for any special, indirect, incidental or consequential damages or losses, including loss of data, whether arising from breach of warranty or based on contract, tort, reliance or any other theory. since some countries or states do not allow limitation of the term of an implied warranty, or exclusion or limitation of incidental or consequential damages, the limitations and exclusions of this warranty may not apply to every buyer.

A pdf version of these Terms & Conditions of Sale is available for your records.

Ivan Plurat Uttley