Terms & Conditions

Terms & Conditions for the quotation, sale and use of products supplied by Oriental Sourcing (Pty) LTD

General.

  1. Oriental Sourcing (Pty) LTD, registration number 2005/040766/07, hereinunder referred to as “OS” hereby wishes to set out the terms and conditions of quotation, sale and use of products supplied by the company.
  2. All contracts, orders, quotations and all orders and/or contracts resulting therefrom are subject to the following conditions except where otherwise agreed to in writing by OS.
  3. Notwithstanding any contrary conditions made at any time by any clients, these conditions shall apply to all quotations, sales of goods or products supplied by OS.
  4. Subject to the terms hereof the client shall be deemed to be satisfied as to and has accepted all the conditions, representations, warranties and circumstances affecting each order and contract.
  5. Ownership of the product shall remain the sole and absolute property of OS until paid for in full. OS reserves the right to sell product not paid for to defray costs incurred.
  6. Any price list issued by OS is subject to errors and omissions. It remains the responsibility of the client to confirm pricing before issuing a quotation.
  7. All goods offered ex stock are offered subject to them being unsold on receipt of order.
  8. OS’s listed prices are subject to alteration at any time without prior notice.
  9. The prices quoted in estimates, quotations, specifications, acceptance of order or contracts are based on the quantities specified therein and OS reserves the right to revise prices in the event of the quantities being reduced or increased.
  10. Whilst OS will endeavour to keep pricing fixed, OS reserves the right to make adjustments to the final sale price in order to compensate for fluctuations in exchange rate, changes in SARS product tariff categories, surcharges or rates, changes in clearing agent or shipping agent fees, changes in port charges and levies introduced by shipping lines and other shipping costs. Any subsequent changes will be for the client’s account.
  11. Should overseas suppliers increase their prices, OS shall be entitled to pass on these increases to the client.
  12. In quotations, all prices quoted exclude Value Added Tax unless otherwise stated. The OS quotation, unless otherwise agreed in writing, is open for acceptance within fourteen days from date of quotation unless otherwise stated on quotation.
  13. Payment will only be recognised once confirmation by the bank has been received that the money has been deposited into OS’s nominated bank account.
  14. The purchaser shall not be entitled to deduct any amount or apply any set off against payments due without OS’s written consent.
  15. If the purchaser does not accept or requests OS to suspend, delay or cancel delivery of the goods, OS reserves the right to refuse to comply with such non-acceptance or requests and tender delivery. If such tender is not accepted, OS shall be entitled to nevertheless invoice the purchaser for the goods whereupon payment shall become due.
  16. Should any amount payable by the purchaser to OS not be paid on due date, or any payment by cheque be unpaid or dishonored, or the purchaser be liquidated, whether provisionally or finally, or commit an act of insolvency or enter into a deed of arrangement or composition with any of its creditors, then the entire balance of all moneys outstanding by the purchaser to OS from whatsoever cause arising, shall, notwithstanding the same not otherwise and in the normal course of business being due and payable or not relate to the contract to which the aforementioned non payment applied, immediately and without notice become due and payable.
  17. In the event of OS instructing its attorneys to collect any overdue amount from the purchaser, all legal fees, collection charges and tracing agents fees as between attorneys and own client shall be borne by the purchaser and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally to capital.
  18. Carriage, unless otherwise specified, includes delivery at the rate specified in the relevant quotation from OS warehouse to customer designated premises. This is subject to the client being present on-site to receive the delivery of the goods at the agreed time. Subsequent costs incurred for re-deliveries are for the client’s account. All other delivery or transport costs by rail, road or air are for the client’s account. For distribution nationwide or international, OS relies on the services of independent freight companies. Customers can either use own freight arrangements or OS’s; in either instance, the customer is responsible for the full amount of delivery charges. If customers decide to use OS’s nominated freight company, they will be asked to pay the delivery charges in advance, as per the freight company’s quotation.
  19. Although OS maintains insurance covering stock held in it’s warehouses, any client stock stored in OS’s warehouse, remains the responsibility of the client. OS shall not be held liable for any damage or loss of stock stored on behalf of the client.
  20. Delivery times are estimated and confirmed as accurately as possible by our suppliers, and OS will use its best endeavours to adhere to such estimated times. The period specified for delivery on the quotation are based on the lead time we are given by our suppliers. Should any delays for whatever reason, or for any other reason beyond the control of OS take place, OS shall not be liable for any costs incurred by the customer through such a delay.
  21. Delays in or failure of performance by OS shall not constitute default herein or give rise to claims for damages if and to the extent that such delay or failure is caused by force majeure which is defined herein as occurrences beyond the reasonable, practical, economic or business control of OS, and which, by the exercise of reasonable diligence OS would not normally have been able to prevent, including therein, but not by way of limitation, decrees of government, Act of God, strikes or other concerted act of workmen, fires, floods, explosions, riots, civil commotions, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons.
  22. OS’s manufacturer warrants that the goods sold by OS will be free from defects in materials or workmanship, under normal use and service, for the appropriate warranty period. The extent of the warranty period will depend on the period given by OS’s manufacturer . OS’s sole obligation under this warranty shall be, at its option, to repair or replace, without charge, any defective component part of such product, within a reasonable time period, or to credit customer’s account with the market related value, provided such faulty goods are returned to OS at OS’s premises free of charge . Goods returned in terms of this clause and not found to be defective will be returned to the purchaser at the purchaser’s expense and subject to a charge equal to 20 % of the invoice value of such goods to cover the costs of testing and other time spent by OS.
  23. Installation of flooring is to be performed by the client according to industry established norms and best practices for the installation of solid wood flooring and bamboo flooring. Included, but not limited to, are the following important prerequisites;
    • Failure to ensure that the moisture content of the substrate onto which the floor is laid is within acceptable norms, will disqualify any warantee claims against OS.
    • Failure to allow the flooring to acclimatise as per industry accepted norms, for a minimum period of 5 days, may invalidate any warantee claim against OS.
    • Failure to allow for the minimum expansion gaps, as per industry accepted norms and best practice, may invalidate any warantee claim against OS.
  24. Goods delivered by OS shall be received, off-loaded, stored and protected by the client and thereafter shall be at the client’s risk.
  25. If within 7 days of delivery of the goods to the purchaser or his nominee, the purchaser does not notify OS in writing of any alleged defects in the goods or shortfall in respect of the quality thereof, the goods will be deemed to be in good working order and condition and the quantities correct. OS reserves the right to deliver 5% over or under the quantity ordered. No credits will be passed unless the amount due for under-delivery is in excess of 5% of the order.
  26. OS shall not be liable under this warranty for the goods that the purchaser alleges are defective and have been repaired or altered by someone other than OS’s designated personnel or authorised representative, unless such repair or alteration was effected pursuant to prior written approval of OS, or
     

       

    • where the purchaser fails to notify OS of any alleged defect within the period of warranty, or
    • where product has been altered or damaged in any way which OS reasonably determines to affect the performance and reliability, or where they product has been subject to misuse, neglect or accident.

  27. OS shall be entitled to cancel any order and/or contract without prejudice to its right to claim damages for any loss or expense suffered by it whether caused directly or indirectly if the client after having been given 10 days written notice to make good any default :-
     

       

    • fails to adhere to any of these conditions; or
    • fails to make payment on due date of any money due by it.

  28. The suitability of the goods for the use contemplated by the client is the sole responsibility of the client, and OS shall in no way be responsible for the suitability of the goods sold for any particular end use.
  29. Unless specifically stated otherwise, all goods supplied by OS will be to the manufacturer’s standard specifications, which may vary slightly from the basic International Specifications for similar goods. All goods will be made within manufacturing limits and tolerances which are reasonable in the trade but if special accuracy is required, the client must state maximum and minimum limits prior to confirmation of order.
  30. It shall be the client’s sole responsibility to familiarise themselves regarding regulations which concern and govern the use of the goods ordered, and OS cannot be held responsible for any penalties or restrictions resulting from contravention of any Government or other regulation.
  31. OS shall not be liable for any loss or damage whether arising directly or indirectly from any defect in the goods sold nor shall OS be liable in any way whatsoever for loss of profits and/or consequential damages.
  32. No variation of these conditions shall be binding on OS unless such variation is agreed to in writing by OS personnel that are duly authorized.
  33. Should OS consider accepting return goods for credit, while not obliged to do so, OS must be notified by the client within 7 days of invoice date. OS shall be entitled to charge a 15% handling charge on goods returned for credit. Only product received in good condition and in the original packaging will be eligible for credit.
  34. Should any dispute or difference arise in connection with a tender or quotation or any order or contract arising therefrom or other interpretation then such dispute or difference shall be determined by arbitration and the Arbitration Act of 1965 shall apply.
  35. The client and OS agree that OS shall be entitled, at its option, to institute any legal proceedings in connection with a tender or any contract arising out of it in the Magistrate’s Court of the Republic of South Africa and the client hereby agrees and consents to such jurisdiction.
  36. OS management reserves the right to change any of the above without notice.

Hardwood Bamboo Flooring and accessories.

Conditions of warrantee.

As Bamboo is a natural product, the following is considered normal:

  1. Variations in colour are considered normal and enhance the product
  2. Extended exposure to direct sunlight or some types of electric heaters will result in discolouration over time.
  3. As with all wood products, prolonged exposure to excess moisture will result in distortion of the product.
  4. Even though the plank may be optionally treated with Aliminuim Oxide and 6 coats of high quality lacquer; marking, discolouration and stains can occur if the product is not handled according to the generally accepted guidelines for the care and maintenance of Bamboo products.
  5. Movement of the floor due to swelling, expansion and contraction, is considered normal, as the Bamboo absorbs water and moisture and expands and contracts due to temperature and humidity changes. Distortion of the floor can be avoided by following the installation, care and maintenance instructions. OS recommends the floor be installed by a professional installer.
  6. Oriental Bamboo provides a factory backed warranty. The warranty is a replacement warranty; where-by we will replace any product that deemed defective due to a manufacturing defect.
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