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Terms and Conditions

1. These terms and conditions apply to all goods sold by Two Oceans Metal and will override any customer’s terms and conditions except in the event of a written and signed agreement by both parties.

2. Prices reflected in any of Two Oceans Metal’s quotations are subject to the currency exchange rate and may therefore change.

3. Only orders provided in writing will be seen as confirmed and, once placed, orders will be irrevocable and may not be cancelled.

4. Full payment for all goods must be made to Two Oceans Metal on placement of the order unless by prior written and signed agreement.

5. Under no circumstances may the customer deduct any amount of money due to Two Oceans Metal without Two Oceans Metal’s prior written consent.

6. It is the customer’s responsibility to ensure that all measurements and quantities are correct. Two Oceans Metal will not accept responsibility for any errors and omissions.

7. Any advice given by Two Oceans Metal will not be considered expert advice and no liability will be incurred by Two Oceans Metal in connection with giving it.

8. Where products are not in stock the manufacturer’s lead times will apply.

9. Deliveries of damaged or incorrect goods must be reported to Two Oceans Metal in writing within 3 working days of delivery.

10. Collection of all materials and products are at Two Oceans Metal’s premises unless otherwise arranged in writing in which case Two Oceans Metal will not be held liable for non- or late-deliveries, or damage to materials.

11. Where products or materials are to be delivered to the customer’s premises or on site, the customer will supply all the necessary labour to offload the goods immediately. Labour will be at the customer’s cost and risk.

12. All goods will remain in the ownership of Two Oceans Metal until paid for in full. All risks in the transportation and eventual storage will however pass on to the customer once materials leave Two Oceans Metal’s premises.

13. Only guarantees/warrantees provided by manufacturers/installers apply. Two Oceans Metal provides no guarantee/warrantee for materials or workmanship.

14. Two Oceans Metal reserves the right to suspend delivery or cancel any agreement of sale if the customer breaches any of the above terms and conditions and fails to remedy such breach within 3 workings days.

15. Two Oceans Metal will not be liable for any failure to perform any of its obligations under these terms and conditions by reason of an act of God or a force majeure event (including but not limited to acts or restraints of government, restrictions of or embargoes on imports and exports, war, lightning, storm, fire, tempest, strikes, lockout, riots or civil commotion) or accidents or breakdowns.

16. The customer agrees that if it breaches any of its obligations under these terms and conditions, Two Oceans Metal may in its sole discretion institute process against the customer in the Magistrate’s Court having jurisdiction over the customer’s person, even though the amount claimed exceeds the jurisdiction of that Court. For the purposes of service of any Court process, the customer chooses as its domiciliumcitandi et executandi the customer’s address reflected on Two Oceans Metal’s invoice or statement of account.

17. In the event of process being instituted against the customer by Two Oceans Metal, the customer agrees to pay any litigation costs that may be awarded to Two Oceans Metal on the attorney and client scale (such costs to include, but not be limited to the costs of counsel as marked on brief, collection commission and tracing fees).

18. No alteration to or variation of these terms and conditions will be of any force and effect unless in writing and signed by Two Oceans Metal’s duly authorised representative.

19. No indulgence extended by Two Oceans Metal to the customer will constitute a waiver by Two Oceans Metal of its rights under these terms and conditions.

20. The customer must notify Two Oceans Metal in writing within five working days of any change in ownership of the customer’s business or, should the customer be a juristic entity, any share transaction where the majority shareholding is affected.

21. Two Oceans Metal will at all times have the right to cede, assign or transfer all or a portion of its rights or obligations under these terms and conditions to a third party without the customer’s consent. Any reference in these terms and conditions to Two Oceans Metal will be deemed to include its cessionaries, assignees or transferees. The customer may not cede, assign or transfer any of its rights or obligations under these terms and conditions without Two Oceans Metal’s prior written consent (which will not be unreasonably withheld).

22. If any of the provisions of these terms and conditions are held to be invalid, such invalidity will not affect the other provisions to which effect can be given without the invalid provision.