HOFFMANN POWER (PTY) LTD (THE COMPANY) CONDITIONS OF SALE
1) ACCEPTANCE OF ORDERS
All orders for goods, or goods quoted on or listed in any catalogue or pricelist of The Company are subject to stock availability and/or prior sale. No branch or appointed dealer or company representative may commit The Company to any variation to the conditions of sale contained in these paragraphs.
2) PRICE VARIATION
All prices quoted or acknowledged are subject to variation depending on any unforeseen factors that may affect prices between the date quoted and date of delivery or collection, including:
- The rates of Ocean Freights, Insurances, Customs Duties and Import Duties, Railages and Rates of Exchange ruling at the date of acceptance of order.
- Any variation in subcontractor or supplier prices to The Company or Associated Companies.
- If the price stated is subject to a trade and or settlement discount, then that discount will only be allowed if payment is made on or before due date of payment.
All goods are supplied ex The Company’s works. The Company shall not be liable for any costs, including insurance, relative to transport of the goods from The Company’s works to delivery address of the purchaser, which shall be totally for the account and risk of the purchaser. Any indulgence granted by The Company in this regard shall not be construed as The Company accepting any liability relative to same.
- Except as otherwise specified in The Company’s Acknowledgement of Order, all goods shall be at the Purchaser’s/ Customer’s sole risk as soon as they leave The Company’s works.
- All goods supplied by The Company will be in good order when dispatched from The Company’s works or delivered to the respective transporters.
- The Company shall not be responsible for the arrival of any goods at their destination or for any loss or damage in transit from any cause whatsoever arising nor for the replacement of goods so lost or damaged.
- Purchaser’s/Customer’s goods sent to The Company for any purpose shall be at the sole risk of the Purchasers/Customers at all times and The Company shall be at liberty to store the same otherwise than on its premises or deliver the same to a subcontractor or subcontractors for the carrying out of the whole or any part of the work ordered.
5) DRAWINGS / SPECIFICATIONS
- Drawings, descriptive matter, weights, dimensions and specifications appearing in any documents emanating from The Company are approximate only and are subject to modifications without notice.
- Where goods are supplied to the specification or drawings or details supplied by a Purchaser/Customer, The Company or its suppliers will not be responsible for the efficient working of those goods or the fitness of those goods for the purpose for which they are supplied whether same purpose is known to the company or not.
All performance figures are approximate only and The Company shall be under no liability whatsoever in respect of failure to obtain such figures.
7) EXCLUSION OF WARRANTIES
Save to the extent provided in the Guarantee/Warranty hereinafter set out, The Company gives no guarantee nor warranties, express or implied, nor makes any representations of any nature whatsoever in respect of the materials utilised in any goods supplied or installed or repairs effected by it, nor as to the fitness of any such goods, installations or repairs for any purpose for which they are required whether such purpose be communicated to The Company or not. The sole liability of The Company shall be as provided for by the terms of the Guarantee/Warranty hereinafter set out which shall be deemed to be incorporated in these Conditions of Sale. No warranty is applicable to engines on go-kart applications.
8) LIMITATIONS OF LIABILITY
The company shall not be liable for any contingent damage or losses under any circumstances whatsoever, for loss of profit or damages, direct or indirect, consequential or otherwise, which may be sustained by the Purchaser/Customer as a result directly or indirectly of:
- goods supplied by The Company being defective;
- goods repaired by The Company being defective due to defective workmanship or materials;
- any delay in delivery of any goods by The Company;
- any delay in effecting any repairs;
- the failure by The Company to deliver any goods or in respect of any deliveries of goods by The Company which may be incorrect or which result from riots, acts of God, fire, strike, civil commotion, labour dispute, accident, delay in manufacture or transportation, shortage of fuel, material or labour or any act, demand or requirement of any State or Government or any other authority, or any cause whatsoever which is directly or indirectly or entirely or partly beyond the control of The Company.
Should The Company supply goods or parts or do work free of charge in excess of its obligations under these Conditions of Sale, The Company shall be under no liability whatsoever if such goods or parts prove in any way to be defective.
9) GUARANTEE / WARRANTY
- A maximum of three months from date of sale* on electrical components including batteries on generating sets.
- A maximum of six months from date of sale* for equipment (other than electrical components and batteries) used in commercial and hire applications.
- On standby power and non-commercial applications, diesel engines and generator sets of 10KW and larger will be covered for parts warranty as per the Standard Conditions of sale March 2006 for a period of twelve months or 2000 hours operation, whichever transpires soonest, from date of sale*.
- The above guarantee/warranty is applicable on the basis that any goods requiring attention are returned to The Company’s works as may be stipulated by The Company. The Company will not be liable for any expenses (including cost of insurance) involved in the removal, or replacement, or carriage of the relative goods between the Purchaser and the Purchaser’s customer, and/or The Company’s work’s, as may be applicable.
- Out of consideration for possible impracticality of returning large and heavy items such as diesel engines and diesel gensets of 10KW and larger if a client or user requires assistance in a possible warranty situation, application must be submitted in writing to The Company, referring to the original invoice number and a brief description of the problem. A quotation for the cost of travel and labour to inspect the situation will be sent to the client by The Company, for which the client is required to deposit the amount quoted, in advance.
- On receipt of the relative payment, The Company will arrange for an inspection on site at which time an evaluation will be made and, if necessary, repairs effected under warranty, or quoted on, as the case may be.
- Products sold on a trade or OEM basis are priced with an allowance/provision for labour warranty where the purchaser is required to accept responsibility for the labour and/or cost thereof in the event of any possible warranty claim.
- Spare parts that may be required under warranty on such trade/OEM sales will remain the responsibility of The Company in line with the Standard Conditions of Sale FERUARY 2015.
- Generator sets must be installed by qualified technicians, including the electrical connecting, load testing and phase balancing, for which a signed detailed record is to be kept for inspection by The Company.
* date of sale is the date on which goods initially leave the Company.
10) THIS GUARANTEE SHALL NOT APPLY TO:
- Any accessories or proprietary fittings whatsoever
- Any goods used for any purposes whatsoever other than the genuine use for which the goods are supplied.
- Any defective part or parts which, in the opinion of The Company, has or have been injured by wear and tear, or by the use of oil (lubricating or fuel) not recommended by The Company, or by goods not having been serviced according to the manufacturer’s instructions, or by any other form whatsoever or improper use thereof, or from any alterations whatsoever to the goods.
- Any goods that have been altered or repaired in any manner which in the opinion of The Company has caused the alleged defects. This includes instances where the configuration of the engine has been altered to suit the requirements of the customer’s application, e.g. for go-kart applications.
- Use of spare parts other than those recommended by The Company.
11) ANY CLAIM UNDER THIS GUARANTEE WILL NOT BE ENTERTAINED UNLESS THE CLAIMANT:
- Lodges the claim in writing to The Company within 7 days of any alleged defect in question becoming apparent on the Warranty Claim Form provided.
- At the same time, submits full particulars of the claim and the reason therefor, stating in such particulars the date of purchase including invoice number and serial number of the relative product/s.
- Unless otherwise requested by The Company, returns the alleged defective item or parts to The Company, carriage paid.
12) THE ABOVE GUARANTEE IS ONLY VALID WHEN ALL CONDITIONS, AS LAID DOWN BY THE RELATIVE MANUFACTURER’S GUARANTEE OF ANY SAID GOODS, HAVE BEEN FULFILLED.