1. Terms of payment are Net Monthly account, i.e. payment to be made within 30 days from the date of the invoice, unless otherwise agreed. If payment is not made, ProPlastix Ltd, without prejudice to any rights it may have, shall be entitled to suspend any further deliveries to the Buyer.
2. All charges & prices for services carried out by the Seller are subject to VAT (where applicable) at the prevalent rate.
3. All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional.
4. Title of the goods supplied shall not pass to the Buyer and the goods shall remain the absolute property of the Seller until payment has been made of the full contract price. This condition is immutable and not negated by any Conditions of Purchase. Acceptance of the goods constitutes agreement as defined only by Proplastix Ltd Conditions of Sale.
5. In case of non payment by the due date of the Buyer having a liquidation order made against him, or having a receiver appointed of assets, or part thereof, the Seller shall be entitled to repossess or trace the goods, or the proceeds of sale from the customer, liquidator or receiver.
6. In the circumstances specified in 5 above, the Seller shall be entitled immediately after giving notice of his intention to do so, enter upon the premises of the Buyer with such transport as may be necessary and repossess any goods to which he has title hereunder.
7. Until all sums due to the Seller have been paid in full, the Seller shall be entitled to exercise a lien over all moulds and other goods belonging to the Buyer. Proplastix Limited is entitled to use the moulds, manufacture and sell the goods together with stock in transit to recover any outstanding debt incurred by the Buyer.
8. Orders may be cancelled only with the written consent of Proplastix Limited. The Buyer will be liable for the cost of the parts manufactured or as a percentage if the components are in the course of manufacture, including raw material and labour.
9. The goods shall be at the Buyer’s risk at the point of delivery or when they are placed at the Buyer’s disposal if earlier.
10. No representation or warranty is given to the suitability of the goods for any particular purpose and the Buyer shall be responsible for ascertaining whether the goods are suitable and fit for the Buyer’s purpose.
11. The Buyer shall inspect the goods on receipt and any claim by the Buyer which is based on any shortage or defect in the quality or condition of the goods or their failure to correspond to satisfaction, shall be notified to the Seller in writing within 7 days from the date of delivery.
12. No liability will be accepted by the Seller should goods be processed with the users’ knowledge that the goods are not performing to an acceptable level.
13. The Seller will not be liable to the Buyer for any consequential loss or damage whatsoever which arises out of or in connection with the supply of the goods or their use or resale by the Buyer. All tooling guarantees are subject to the moulds being run at ProPlastix Ltd.
14. It is the responsibility of the Buyer to make sure all moulds and goods stored at premises rented by Proplastix Limited are covered by suitable insurance against fire or theft. Moulds form part of fixed assets, plant and equipment.
15. All advice and design work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Seller until full payment has been made on the Buyer’s account, and all project costs have been cleared.
16. Once final proofs/materials/moulds have been signed off, the Seller cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
17. Buyer Responsibility. If the Buyer takes design work or recommendations, professional advice, prototypes, moulds or material selection provided by the Seller for immediate use or further development, then the Buyer is solely responsible to test the designs and any prototypes the Seller provides. The Buyer is solely responsible to ensure that any resulting products are tested, manufactured, packaged, labelled (including adequate warnings), sold, and used in a safe and careful manner and in compliance with all applicable laws, regulations, and appropriate industry standards. The Buyer is solely responsible for obtaining any applicable or necessary approvals and the Buyer assumes all responsibility for any information and/or specifications it provides to the Seller and agrees that the Seller may rely on such information and/or specifications without independent verification.
18. Indemnification. The Buyer shall indemnify, defend and hold the Seller from and against all Claims for illness, injury, and property damage (including loss of use and loss of profits), actual or alleged, that may arise out of or in connection with this Agreement or the Services, Work Product, designs, prototypes, and incidental goods furnished or to be furnished to the Buyer by the Seller. This obligation shall apply, without limitation, to Claims of the Buyer and any employee, invitee, or agent of the Buyer, of any lessee or purchaser of the Buyer’s goods or services and of any third party.
19. The Seller shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Buyer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.