Conditions of Sale

Conditions of Sale
Standard Terms and Conditions of Sale
(a) Specifications, prices and extra lists issued by Non-Ferrous Metal Works (SA) (Pty) Ltd (NFM) from time to time , are for information only and do not constitute an offer of sale.(b) Quotations are subject to confirmation by NFM after receipt of notification that same are acceptable by the PURCHASER.
Except as may be specially agreed in writing to the contrary, orders, after acceptance are not subject to cancellation in whole or in part or to variation in any manner whatsoever.
This sale is based upon the cost to NFM of labour, materials, freight and exchange and import duty rates ruling at the date of the order. Any increase in the said costs, before delivery, will be for the account of the PURCHASER.

The PURCHASER shall not return goods for any reason whatsoever without securing the prior written agreement of NFM. Complaints of any nature can only be considered if received within 48 hours of delivery. Return of unsatisfactory delivery will be accepted within seven days of supply only. A minimum charge of 15% will be levied on all goods returned but supplied correctly.
The PURCHASER agrees that the signature of any of its employees on NFM’s delivery note/invoice/waybill or on the delivery note of any authorised independent carrier will constitute proper delivery of the goods purchased.

(a) Terms of payment shall be strictly 30 days net from the date of statement or within any other period specifically agreed to. (b) Interest shall be payable to NFM on all overdue amounts at a rate equivalent to 2% above prime overdraft rate per annum charged to NFM by its bankers from time to time reckoned from due date of payment to the actual date of payment. (c) Payment may not be withheld for any reason whatsoever pending settlement of any dispute. (d) The PURCHASER is not entitled to set of any amount due to the PURCHASER by NFM against this debt. (e) The PURCHASER shall be liable to pay NFM for all legal expenses on the attorney and client scale in the event of NFM instructing attorneys to collect any overdue amounts owing by the PURCHASER or to take any other legal proceedings in terms hereof. (f) NFM shall have the right to institute any action in either the Magistrate’s Court or the High Court of South Africa at its sole discretion.

Should any cheque, promissory note or bill of exchange drawn, made, accepted, or endorsed by the PURCHASER, as the case may be, be dishonoured, or should the PURCHASER fail to pay any debt owing to NFM on due date, then all amounts outstanding shall immediately become due and payable irrespective of whether the PURCHASER has been granted terms to pay on some future date, and whether or not NFM hold negotiable instruments which have not yet fallen due for payment.

Notwithstanding the delivery of any goods to the PURCHASER, ownership thereof shall not pass until the purchase price and any interest thereon has been paid in full.
The PURCHASER agrees that if payment is not made on due date, NFM shall be entitled to immediately institute action against the PURCHASER and to claim any damages suffered by NFM.
Risk in and to the goods shall pass to the PURCHASER on delivery.

NFM does not accept any responsibility for any loss of profit or damages, direct or indirect (including consequential damages) sustained by the PURCHASER arising out of any defect in material or component parts supplied by NFM.

The PURCHASER agrees that neither NFM nor any of its employees will be liable for any negligent or innocent misrepresentation made to the PURCHASER.
Every endeavour will be made to despatch goods from NFM with due promptitude, or within the time indicated by NFM. NFM will, however, not be liable for any loss or damage caused by non-delivery or late delivery nor does subsequent later delivery invalidate the contract.

Notwithstanding that the goods may be manufactured and/or sold under Rights of Patent, in the case of default of whatsoever nature by the PURCHASER, we reserve the right to dispose of such goods in any manner we deem fit and the PURCHASER hereby indemnifies us against all loss suffered and expenses and/or legal costs incurred by us in consequence of any infringement of a patent.

Goods supplied by NFM will conform to specifications and/or to any requirements specifically accepted by NFM in regard to each order. Except as aforesaid, NFM gives no warranty express or implied as to the quality of the material, workmanship or fitness of the goods for any particular purpose, whether such purpose be known to NFM or not. In the event of goods not being in accordance with the specifications or requirements aforesaid, NFM shall not be responsible for loss of the PURCHASER’s profit or any direct, indirect or consequential loss, damage or charges arising there from. NFM’s liability will be limited to the replacement of the goods within a reasonable time, but not later than 3 months from the date of delivery by supplying other goods at the place of delivery, which do comply with the specifications or requirements aforesaid. Reasonable time must be allowed to effect replacement.

(a) It is specifically recorded that any aluminium extrusions sold are not fit for use in the aeronautical industry, including without limitation for the manufacture of aircraft or aircraft components. Any such use therefore shall be entirely at the risk of the PURCHASER.(b) Furthermore, it shall be the obligation of the PURCHASER to notify similarly any third party to whom he supplies such products. The PURCHASER acknowledges that it may not deny liability in any claim which may be made against by whomsoever arising out of the purchase, supply or use of any product in connection with but not limited to, the manufacture of aircraft or aircraft components, if it does not fulfil the obligations imposed upon it in terms of this clause.(c) Any third party or subsequent purchaser shall be required to give similar undertakings.(d) The PURCHASER indemnifies NFM and/or its supplier against all claims which may be made against it and/or its supplier of whatsoever nature and by whomsoever, and against all costs and expenses, arising out of the purchase, supply or use of aluminium extrusions in connection with the aeronautical industry, including without limitation for the manufacture of aircraft or aircraft components and whether such claims are attributable to negligence or not.

The PURCHASER agrees that these conditions constitute the entire agreement between the parties and acknowledges that NFM has not given any warranties or made any statements or representations of any nature whatsoever which are not recorded in these conditions. No agreement varying any of the terms of these conditions shall be binding upon the parties hereto unless reduced to writing and signed by both parties.
A Director of a company or a Member of a close corporation signing these conditions binds himself/herself to and in favour of NFM as surety in solidum for and co-principal debtor jointly and severally with the PURCHASER for the due payment of all amounts payable to NFM under renunciation of the benefits of legal exceptions available to sureties, the full force and effect of which the Director or Member acknowledges himself/herself to be fully acquainted.

TERMS OF USE

AGREEMENT BETWEEN USER AND Non-Ferrous Metal Works (SA) (PTY) LTD

The Non-Ferrous Metal Works (SA) (PTY) LTD Web Site is comprised of various Web pages operated by Non-Ferrous Metal Works (SA) (PTY) LTD.

The Non-Ferrous Metal Works (SA) (PTY) LTD Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Non-Ferrous Metal Works (SA) (PTY) LTD reserves the right to change the terms, conditions, and notices under which the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site is offered, including but not limited to the charges associated with the use of the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site.

LINKS TO THIRD PARTY SITES

The Non-Ferrous Metal Works (SA) (PTY) LTD Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Non-Ferrous Metal Works (SA) (PTY) LTD and Non-Ferrous Metal Works (SA) (PTY) LTD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Non-Ferrous Metal Works (SA) (PTY) LTD is not responsible for webcasting or any other form of transmission received from any Linked Site. Non-Ferrous Metal Works (SA) (PTY) LTD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Non-Ferrous Metal Works (SA) (PTY) LTD of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site, you warrant to Non-Ferrous Metal Works (SA) (PTY) LTD that you will not use the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site in any manner which could damage, disable, overburden, or impair the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site or interfere with any other party’s use and enjoyment of the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Non-Ferrous Metal Works (SA) (PTY) LTD Web Sites.

USE OF COMMUNICATION SERVICES

The Non-Ferrous Metal Works (SA) (PTY) LTD Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Non-Ferrous Metal Works (SA) (PTY) LTD has no obligation to monitor the Communication Services. However, Non-Ferrous Metal Works (SA) (PTY) LTD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Non-Ferrous Metal Works (SA) (PTY) LTD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Non-Ferrous Metal Works (SA) (PTY) LTD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Non-Ferrous Metal Works (SA) (PTY) LTD’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Non-Ferrous Metal Works (SA) (PTY) LTD does not control or endorse the content, messages or information found in any Communication Service and, therefore, Non-Ferrous Metal Works (SA) (PTY) LTD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Non-Ferrous Metal Works (SA) (PTY) LTD spokespersons, and their views do not necessarily reflect those of Non-Ferrous Metal Works (SA) (PTY) LTD.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Non-Ferrous Metal Works (SA) (PTY) LTD OR POSTED AT ANY Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE

Non-Ferrous Metal Works (SA) (PTY) LTD does not claim ownership of the materials you provide to Non-Ferrous Metal Works (SA) (PTY) LTD (including feedback and suggestions) or post, upload, input or submit to any Non-Ferrous Metal Works (SA) (PTY) LTD Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Non-Ferrous Metal Works (SA) (PTY) LTD, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Non-Ferrous Metal Works (SA) (PTY) LTD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Non-Ferrous Metal Works (SA) (PTY) LTD’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Non-Ferrous Metal Works (SA) (PTY) LTD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Non-Ferrous Metal Works (SA) (PTY) LTD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Non-Ferrous Metal Works (SA) (PTY) LTD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Non-Ferrous Metal Works (SA) (PTY) LTD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Non-Ferrous Metal Works (SA) (PTY) LTD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Non-Ferrous Metal Works (SA) (PTY) LTD WEB SITE.

TERMINATION/ACCESS RESTRICTION

Non-Ferrous Metal Works (SA) (PTY) LTD reserves the right, in its sole discretion, to terminate your access to the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site. Use of the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Non-Ferrous Metal Works (SA) (PTY) LTD as a result of this agreement or use of the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site. Non-Ferrous Metal Works (SA) (PTY) LTD’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Non-Ferrous Metal Works (SA) (PTY) LTD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site or information provided to or gathered by Non-Ferrous Metal Works (SA) (PTY) LTD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Non-Ferrous Metal Works (SA) (PTY) LTD with respect to the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Non-Ferrous Metal Works (SA) (PTY) LTD with respect to the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Non-Ferrous Metal Works (SA) (PTY) LTD Web Site are: Copyright 2016 Non-Ferrous Metal Works (SA) (PTY) LTD and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

NFM's experienced and helpful

consultants await your enquiry.

Non Ferrous Metal Works (SA) (PTY) LTD

288 Balfour Road Jacobs

Durban South Africa 4001

+27 31 480 7388

ZaneH@nfm.co.za