For the purpose of these Terms and Conditions of Sale, the word “Company” means Melior Access Solutions (PTY) LTD. (Reg No. K2015 / 162505 / 07) or any of its associate corporations or divisions
1. These are the terms of which the Company or any of its associate corporations or divisions contract for the supply of goods and services. These terms and conditions shall prevail over any terms or conditions stipulated or referred to by the customer in any order or in any negotiations preceding the placing of any order.
2. No representations or warranties made by the Company to a customer at any time shall be binding on the Company unless made by a duly authorised employee, reduced to writing and signed by a duly authorised representative of the Company.
3. No variation of these terms shall be of any force or effect unless such variation is reduced to writing and is signed by a duly authorised representative of the Company.
4. Upon acceptance of the quote, the customer shall be obliged to furnish a purchase order number in writing. Thereafter any contract between the Company and a customer cannot be cancelled without the written consent of a duly authorised representative of the Company.
5. In the absence of an agreed contract value, the price of the service and/or goods provided by the Company to a customer is that which is in force on the date on which the contract is concluded. If between the date of the contract and the date of the provision of the service, the cost to the Company of providing the service or goods has increased for any reason, the price payable by the customer shall be increased proportionately by the amount of such increase in cost.
6. Any time or date for the provision of the service or delivery of the goods specified by the Company shall be approximate only. Time shall not be of the essence of any contract. The Company shall not be liable for any loss or damages, whether direct or indirect, or consequential or otherwise and howsoever arising, which may be suffered by the customer as a result of any delay in the provision of the service or for any other reason.
7. In the absence of any written arrangement to the contrary, payment of the contract price shall be made by the customer within duration stipulated in the quote section (Payment terms) of the date of the Company’s invoice. It is recorded that invoices shall be rendered on or by the 25th day of each month and the parties are not entering into a credit agreement as defined in the South African National Credit Act 34 of 2005.
8. The customer shall be liable for all bank charges incurred by the Company which arise from cash or cheque deposits (including fees for dishonoured cheques) which charges shall be debited to the customer’s account and shall be payable immediately on receipt of the Company’s statement reflecting such charges.
10. Should a whole or any portion of any amount owing by the customer to the Company not be paid on due date, the customer shall pay interest on such amount at the rate of nine percent (9%) per annum, reckoned from the date on which such amount was due to the date of actual payment.
11. Failure by the Company to exercise or enforce any of these terms and conditions shall not be deemed to be waiver of any such right, nor prevent the exercise or enforcement thereof any time thereafter.
12. It is recorded that notwithstanding the provisions of the South African Consumer Protection Act 68 of 2008 (and in particular Sections 48 to 50 inclusive) the customer by its acceptance.
13. The customer submits to the jurisdiction of the High Court of South Africa, Western Cape, Cape Town Division in any dispute. However, the Company may bring any action or application in any Magistrate’s Court having jurisdiction, notwithstanding that the amount of the claim or the value of the goods may exceed the jurisdiction of the Magistrate’s Court.
14. In the event of the Company instructing its attorneys to take any action against the customer for any reason, the customer shall be liable for and pay all legal costs incurred by the Company on the attorney and own client scale including collection commission, tracing agent, storage and removal charges.
15. A certificate signed by any duly authorised representative of the Company, whose appointment and/or authority shall be presumed unless the contrary is proved, as to the amount of any indebtedness of the customer shall be prima facie evidence thereof and valid in any proceedings in any Court to obtain provisional sentence, summary, default, or final judgement.
16. None of the rights or obligations of the customer contained in these terms and conditions may be ceded or assigned without the prior written consent of the Company.
17. If for any reason work on the complex once started cannot be completed due to any downtime or stoppages beyond MELIOR ACCESS’s control, this will be charged out at the applicable hourly rate until work can resume.
18. Working hours will be from 07h00 to 17:00 or as agreed/negotiated with the client.
19. All costs for standard Class A & III PPE have been included. Any specialist PPE is to be supplied by the client.
20. MELIOR ACCESS to allow for 2 days travel. Travel and standby rates are at 75% of working rate.
21. Customer to accommodate any site-specific Inductions as required.
22. MELIOR ACCESS or representing agents to arrange all Flights, In-Country transport to and from Hotel & Site including Airport transfers (meet & greet).
23. MELIOR ACCESS or representing agents are responsible for all accommodation and meals in country or otherwise agreed in contract responsibilities.
24. Customer are responsible for any “excess luggage” charges should they occur. These will be charged at cost.
25. For offshore scopes customer to supply radio for MELIOR ACCESS crew if required.
26. Should any remedial scopes be required not included in this quotation scope, this will be in addition to the quoted estimated duration & will be invoiced at the team daily working rate accordingly. This will be validated on the team’s Timesheets and customer notified.
27. MELIOR ACCESS to confirm that specifications quoted on are acceptable and agreed upon prior to commencement of work.
28. The quoted duration does not consider any weather or client/supplier operationally induced delays. Should the scope be completed in shorter duration than quoted, the invoice will be adjusted accordingly.
29. This quotation at all times remains the property of MELIOR ACCESS. Please do not allow any information in the quotation to be disseminated to outside contractors.
30. Prices valid for 60 days from the date of this quotation or as per supplier quoted duration.
31. Payment Terms: As stipulated in quote body from date of invoice. However, for scopes that extend beyond 30 days, invoices shall be submitted for payment at the end of each month.
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