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Standard terms and conditions list
Please Note!!
Standard terms and conditions list applies at all times.
’Bakery Equipment Specialist’ or ‘Bakeryfix’ refers to ‘Bakery Equipment Specialist’.
1. Orders
1.1 All orders must be accompanied by an official irrevocable company order.
1.2 Private/Verbal orders will be accepted upon a guarantee of payment.
1.3 Acceptance : The acceptance of any tender must be accompanied by sufficient information in writing to enable Bakeryfix to proceed with the execution of the order immediately, failing which, Bakeryfix shall be entitled to amend the quoted prices to cover any costs incurred as a result of such delays and extend the delivery date(s). Any goods supplied for sample purposes on a "Sale or Return" basis, must be returned to Bakeryfix in its full original packaging, carriage paid, within seven (7) days from date of receipt, or paid for.
1.4 Limits of contract : The quoted price includes only such goods, accessories, and work as are specified therein.
1.5 After acceptance of Bakeryfix quotation, a set of drawings can be made available. All designs, and the copyright in all drawings, technical specifications, information and memoranda furnished by Bakeryfix shall remain its property.
1.6 The buyer assumes responsibility that the goods stipulated by it are sufficient and suitable for its purposes. The buyer shall be responsible for all discrepancies, errors, omissions, or ambiguities in drawings supplied by it. In the event of Bakeryfix being prevented from fulfilling its obligations due to any cause beyond its control, Bakeryfix shall be entitled to terminate any part of the contract affected, or, if necessary, the whole contract, at its sole discretion. In either event, Bakeryfix shall not be liable for any damages whatsoever sustained by the buyer as a result. In such an event, Bakeryfix shall be entitled to payment in respect for goods and services already supplied and goods already manufactured or ordered.
2. Pricing
2.1 Pricing is based on the current Rand/Dollar exchange rate on the date of a written or verbal quotation.
2.2 The actual selling price may vary due to the Rand/Dollar exchange rate and is finalised on the day of delivery.
2.3 All quotations shall be valid for acceptance during the period stated in the tender. If no period is stated, the following shall apply : written, faxed or e-mail quotations shall have a validity period of 30 days from the date of the quotation; telephonic or verbal quotations shall have a validity of 24 hours. Quotations may be withdrawn prior to acceptance. In the event of the order being placed after the expiry of the quotations’ validity date, the order shall be subject to Bakeryfix written confirmation. The tender is given as a whole and is indivisible unless otherwise agreed by Bakeryfix.
2.4 Hourly rates and transport costs will vary from time to time and it is the Clients responsibility to ensure they are aware of current charges.
3. Terms of Payment
3.1 Unless otherwise stated in the quotation or otherwise agreed in writing, all payments will be in the currency of Bakeryfix country of registration and the terms of payment shall be as follows :- Accounts may be paid by either immediate EFT or Cash. Bank transfers (including electronic payments) are accepted, but the goods may only be released, or work carried out, once the transfer is received into Bakeryfix local bank account.
3.2 Not withstanding all other terms of payment, Bakeryfix shall be entitled to call for payment in advance, or for security for the outstanding balance of the order value if, at any time, it has reasonable grounds for doubting the buyers ability to pay. Counter claims may not be set off against payments nor any payments be withheld on account of any claim by the buyer unless such counter claims are accepted by Bakeryfix in writing. The obligation of Bakeryfix under the contract may only be enforced in the event of the buyer having made all payments timeously and not having breached any of the other terms or conditions of the contract.
3.3 Bakeryfix retains the right to require payment for any materials or equipment in advance
3.4 All discounts will be forfeited should payment not be made in full by the due date.
3.5 Parties accept the jurisdiction of the Magistrates Court to resolve any disputes that may arise.
4. Ownership of Equipment
4.1 Full ownership and liability for the goods passes to the purchaser at the time of payment.
5. Guarantees and Warranties
5.1 Guarantees/Warranties for the equipment commence on the date of invoice.
5.2 The guarantee/warranty will be void if serial number label is missing, damaged, or if the equipment has been tampered with in any way.
5.3 Guarantees/Warranties on the equipment are the Manufacturers and a decision on qualification to a guarantee/warranty claim rests solely with the Manufacturer or their official local representatives.
5.4 Bakeryfix guarantee/warranty is limited to a guarantee of good workmanship in the assembly / repair / setting up of the equipment.
5.5 Guarantee’s and support on software or hardware are specifically those of the respective companies.
5.6 If it is found that another company or person has been tampering with a unit, guarantee/warranty is rendered "Null and Void". Bakeryfix decision regarding this is regarded as final.
6. Specifications
6.1 Specifications/Prices may change without notice.
6.2 Pricing is based on the Rand/Dollar exchange rate at the time of order.
6.3 Person signing the Bakeryfix Job Card/Invoice on behalf of the customers company is deemed as being fully authorized to do so, and accepts the following invoice without prejudice.
7. Deliveries
7.1 Deliveries are for the clients cost with a minimum charge.
7.2 If the delivery incurs courier costs, the costs will be for the clients account.
7.3 Deliveries depend totally on the availability of equipment at the time of order, and depends strictly what the Rand/Dollar exchange rate is.
8. Loss of Data
8.1 Bakeryfix is not responsible in any manner whatsoever for any loss of data on any machine being repaired, serviced, or upgraded.
8.2 It is the client’s responsibility at all times to maintain current backups of data or operating software.
9. Consequential Damages
9.1 All goods are supplied and all work is done on the condition that Bakeryfix shall in no way be liable to the buyer or any other party, for loss of contracts or profits or any loss or damage, whether direct or indirect, general, specific or consequential, howsoever caused or incurred, including such loss or damage attributable to its negligence or the negligence of its servants, employees or agents, or to any acts, omissions or defaults, or failure to carry out or fulfil its obligations, or to defective and/or poor materials, workmanship or design.
9.2 Bakeryfix will also accept no liability for loss or damage to any equipment, parts, materials or any other item of goods caused by either hijacking or motor vehicle accident.
10. General Conditions
10.1 Bakeryfix retains the right to refuse to work on any equipment/machine that is not supplied with a safe electrical supply compliant with the local codes and the SABS regulations.
10.2 Bakeryfix retains the right to refuse to work on any equipment/machine that is not compliant to the current Occupational Health & Safety Act or presents a health/safety risk to Bakeryfix personnel.
10.3 Bakeryfix retains the right to refuse to work in any area that presents a risk to either Bakeryfix personnel or it’s property unless proper arrangements are made to protect Bakeryfix personnel and property.
10.4 Bakeryfix requires unrestricted access to client’s premises whilst carrying out work and waiting time will be charged for at full price.
10.5 All work carried out outside Bakeryfix normal working hours shall be charged for at overtime rates. This includes Public Holidays.
10.6 Should a call out not be cancelled timeously prior to Bakeryfix either leaving for or arriving on site then the call out will be charged for at full rates.
10.7 Payment for any equipment/spare parts specifically ordered for a client becomes due whether or not the client requires that equipment/spare parts for any reason. Bakeryfix retains the right to accept or reject the cancellation of an order and also to charge a handling fee to cover Bakeryfix costs if the cancellation is accepted.
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E&OE