Unless otherwise agreed to in writing, the under mentioned terms and conditions of Cactus Craft PTY LTD (Cactus Craft’) purchase order/s (“the Purchase Order/s”) represent the only terms and conditions upon which Cactus Craft, shall procure the items or services as specified in the Order/s (“Products”) from the service provider to whom the Order is addressed (“Supplier”). Cactus Craft shall not accept any other terms and conditions which the Supplier may specify, unless otherwise agreed to by Cactus Craft in writing. In the event of any inconsistency between the Terms and conditions, and any Order, the Order shall take precedence.
Payment shall be effected by Cactus Craft within 30 days after receipt the suppliers statement for the period in which the purchase was made (otherwise on the terms agreed with the supplier in writing).
All invoices and statements shall be forwarded to Cactus Craft’ accounts department;
The Purchase Order number shall always be referenced in all invoices submitted to Cactus Craft against this Purchase Order;
If the supplier is unable to meet the specified delivery date on the Purchase Order/s, the supplier shall promptly notify the Cactus Craft’ contact person noted on the said document. Such action shall not be interpreted as a waiver of any right or claim
Cactus Craft may otherwise be entitled to in terms of the law or without any limitation or any provision in the Purchase Order/s.
Unless specifically agreed to in writing by the Head of Procurement on behalf of Cactus Craft, no addition to or modification to the Purchase Order/s shall be binding on Cactus Craft and no goods and/or services shall be substituted for those specified therein except upon the written consent or instruction from Cactus Craft.
The Supplier warrants that the goods and/or services shall be fit for their purpose and be of satisfactory quality.
The goods shall be packaged in a manner which assures that they are protected and delivered in a good condition, in accordance with the Purchase Order;
The goods and services provided will at all material times be inspected by Cactus Craft to ensure they meet the specification and required standard as stipulated and/or specified in the Purchase Order; any non-compliance to specification will lead to rejection thereof. The supplier shall promptly rectify any defects or in Cactus Craft’ sole opinion, supply appropriate replacement goods at the Supplier’s expense within the specified delivery times, without any liability on the part of Cactus Craft.
Title to the goods and risk of loss or damage to goods shall pass to Cactus Craft on the date of delivery;
Standard Warranty shall at all material times be furnished by the supplier in respect of goods supplied under the Purchase Order (where applicable);
The suppliers shall at all material times maintain confidentiality whilst rendering services to Cactus Craft, should the supplier have access to confidential information, which must be protected from disclosure;
Except for damages caused by the negligence on the part of the supplier, the supplier shall defend, indemnify and hold Cactus Craft harmless from all claims, actions, demands, loss, and cases of action arising from injury including death , to any person, or damage to property if such injury or damage results from in whole or in part from acts of omissions on the part of the supplier;
The supplier and any of its subcontractors used in rendering of services and/ delivery of goods to Cactus Craft shall ensure that adequate comprehensive insurance is taken and furnish Cactus Craft with written proof to that effect as and when required;
The Purchase Order shall not to be assigned and/or ceded to any third party without the prior written consent of Cactus Craft, which consent shall not be unreasonably withheld by Cactus Craft;
All tools utilized on Cactus Craft site and/or premises to render any service shall conform to an acceptable and traceable standard. All special tools shall at all material times be accompanied by an approved certificate issued by the relevant authority (where applicable);
The Suppliers shall at all material times wear the correct Personal Protective Equipment (“PPE”) for specific services rendered whilst on Cactus Craft site and/or premises;
All scrap and hazardous waste generated by the supplier during the rendering of services must be removed from Cactus Craft site and/or premises immediately during or after the completion of the job and disposed of in compliance with the relevant regulatory disposal methods(where applicable).
The Purchase Order/s shall at the sole discretion of Cactus Craft be cancelled or suspended in whole or in part. Cactus Craft shall deliver a written notice to the Supplier specifying the extent to which performance and/or deliveries of goods and services under the Purchase Order/s is cancelled and/or suspended and the date upon which such action shall become effective;
Any of the party shall be deemed to be in default of its obligations under the Purchase Order/s in the event of bankruptcy or insolvency of such party and if such fails to remedy the breach same within a period of 30 (thirty) days;
The Purchase Order/s shall be interpreted and governed by the laws of the Republic of South Africa.