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PURCHASE AGREEMENT

AGREEMENT entered into at between

LDR PRECISION TECHNICAL FIELD SERVICES CC


Reg No 2003/051394/23 VAT No 4120206620 ( hereinafter referred to as the Seller) and .. Id No ... (hereinafter referred to as the Purchaser) ( Residential Address/Registered Office)
...

Postal address ... Tel No .. Fax No .....

The Purchaser purchases from the Seller the goods set out in the Schedule and any annexures hereto or quotations to the Purchaser on the terms and conditions herein stipulated.

SCHEDULE

GOODS: Description Refer to the Plant Kit Order Form and Authorized order

PRICE EXCLUDING VAT

R R R R R R R

INSTALLATION TERMS 1. 2. 3. 4. 5. 6. The installation fee includes installation and calibration training but excludes accommodation and traveling. If installation is further than 300 km from our offices in Bethlehem, kms will be charged at AA rates. Accommodation will be invoiced separately unless provided by the customer. Any delays caused by the harvester not being available or ready for installation, will be invoiced to the customer at a rate of R300 per hour. All items and cabling required to make the system complete and not included in this quotation will be charged for separately. If the calibrations needs to be done by LDR Precision Technical Field Services CC on any other day than the installation an additional R3 000.00 per farm visit will be charged.

Payable as follows: (1) (2) (3) (4) (5) (6) Payment will be strictly in advance prior to delivery All prices exclude VAT All prices quoted are valid for a period of 14 (fourteen) days from date of this quotation The price/prices quoted is in South African Rand and is subject to currency fluctuations (Rand//USD) Delivery estimated four to five weeks after receipt of an official purchase order. Our standard terms and conditions of sale as attached will apply.

The Purchaser hereby binds himself to the stipulations set out on the reverse side hereof, and he furthermore acknowledges that he hereby receives a duplicate of this agreement. SIGNED on day of . 20..................... .. PURCHASER

.. NAME AND DESIGNATION OF PURCHASER WHO WARRANTS THAT HE IS DULY AUTHORISED THERETO

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TERMS & CONDITIONS 1.. This agreement is the full agreement between the Seller and the Purchaser (the parties) and the Seller shall not be bound by any other representations, information or specifications. This agreement is subject thereto that the Sellers manager may cancel it before delivery of the goods. A change in the manner of payment shall only become binding when confirmed by the Sellers manager in writing. The goods sold remain the property of the Seller until the principal debt plus all finance charges which may be payable, have been paid and until the Purchaser has made such payment in full, he shall not do or allow anything which may in any way prejudice or endanger the value of the goods or the rights of the Seller, including his reservation of ownership. While any balance is still owing by the Purchaser to the Seller, as aforesaid, the Purchaser shall at his cost insure the goods at the replacement value thereof and keep it insured and shall have the Sellers interest in the goods noted by the insurer on the basis that any payment under the policy shall be applied in reduction of the amount owning by the Purchaser to the Seller or towards the repair of the goods, as the Seller may determine, and he shall allow the Seller to inspect the goods at all reasonable times. All costs and risks in connection with the conveyance of the goods, goes over to the Purchaser on delivery thereof, which for all purposes is deemed to take place when the goods leave the business premises of the Seller, or his nominated supplier and the Purchaser will bear all costs and risks in connection with the conveyance of the goods from such premise/premises and shall convey it from the business premises of the Seller, except if the parties otherwise agree in writing. Any increase in the prices which may occur after signature hereof by the Purchaser, but before delivery of the goods, shall be borne by the Purchaser, so that the Purchaser will be invoiced at the price according to the relevant pricelist on the delivery date, unless the Purchaser objects to the increased purchase price within 7 (SEVEN) days of receipt of a notice to that effect from the Seller, in which instance the Seller is entitled to cancel the sale or to continue with the sale without an increase in the purchase price. All amounts which are not paid on due date, shall bear interest at the rate mentioned in paragraph (b) on the font page hereof, except if agreed otherwise in writing. Except if agreed to the contrary in writing, the Principal Debt plus finance charges shall be payable within 30 (THIRTY) days after delivery of the goods to the Purchaser. In the event of the Purchaser failing to pay the purchase price or interest accrued or interest accrued herein the Purchaser will also be liable to pay the following costs namely :

2.

3.

4.

5.

6.

6.1 All costs incurred as a result of his default including traveling costs, tracing costs, bank charges and transportation costs. 6.2 All costs actually incurred by the Seller after giving instructions to institute legal proceedings including attorney and client costs as determined by the Sellers attorneys, as well as collection charges calculated at the then current tariff on the capital amount and costs, irrespective thereof whether such capital amount and costs are paid before or after judgment. 7.1 The Seller, its directors and employees shall not be liable for any damages, losses, expenses or injuries whatsoever, which the Purchaser or anybody else may at any time suffer or incur, whether directly or indirectly, including but not limited to crop damages or any consequentional damages, which may be caused by the Seller, its directors, employees or anybody for whose acts the Seller might be liable, which may arise out of or may be connected with the erroneous, non or late delivery of the goods; the transportation, delivery, erection, repair or maintenance of the goods; the non or defective operation of the goods; any delay in the erection or repair of the goods; or any advice, opinion or representation in connection with the goods as such, its operation, suitability or any other matter.

any advice, opinion or representation in connection with the goods as such, its operation, suitability or any other matter. 7.2 The Purchaser hereby renounces all claims contemplated in this Clause 7 which he may have against the Seller, its directors, employees or any person for whose acts the Seller might be liable, and hereby indemnifies them against any claims. The provisions of this Clause 8 shall also apply to any goods or services supplied by the Seller subsequent to the execution of this agreement. 7.3 The Purchaser hereby indemnifies the Seller against any claims contemplated in this clause 7 which may be instituted by any person against the Seller as a result of the use of the goods insofar as such use is authorised by the Seller and insofar as the Purchaser is still the owner of the goods. At the resale of the goods by the Purchaser to any person, the Purchaser undertakes to obtain a similar indemnity in favour of the Seller from the person to whom he resells the goods. 7.4 The Purchaser, or person who signs this agreement on behalf of the Purchaser, remains bound by the provisions of this clause 8, notwithstanding the restructuring of the transaction as a result of the fact that any relevant institution finances the purchase price, either by means of a further lease or sale agreement, or otherwise. 8. 9. 10. For purposes of Clause 7, any reference in this agreement to goods shall also include any spare parts of the goods and additional goods or services contemplated in Clause 15. No payments made to the Seller or his agents made to any agent of the Seller shall be deemed to be payments to the Seller, unless an official receipt has been issued by the Seller.

If any discount on the purchase price of the goods has been allowed, such discount shall be forfeited if the Purchaser fails to pay any amount due in terms hereof promptly on the expiry date as stipulated. 11. The Purchaser confirms that the Purchaser himself completed the Plant Kit Order form and declares that the information given in the Plant Kit Order Form is correct and may not hold the Seller accountable for any parts ordered incorrectly. 12. The Seller is entitled, at any time, to cede or alienate his rights under this agreement to any person or instance. 13. This agreement includes only the goods and services as specified herein or in the relevant quotation, and if any further goods or services are required at erection or installation or at any other time, such further goods and services shall be provided to the Purchaser against payment of the ruling prices thereof in addition to the price set out in the Schedule. 14. The Purchaser is entitled to indicate any omission or wrong dispatch of goods, by means of a written notice, which notice must be received by the Seller within 7 (SEVEN) days from the date of delivery of the goods and by failure to do so it is deemed that the Purchaser received the goods without defect and as specified on the invoice and the Purchaser shall have no claim against the Seller for any defects in the goods or the wrong dispatch of omission of any goods. The Purchaser is not entitled, in the case of a wrong dispatch or omission of goods to withhold payment for any goods which have been delivered or with regard to any goods which were not returned by the Purchaser to the Seller before the expiry of the 7(SEVEN) days, as contemplated in this clause 15. In respect of new goods the only guarantee that will apply, shall be that of the manufacturer, whose decisions in respect of any claims shall be final. Second-hand or used goods are sold voetstoots, and the year or date of manufacture or registration is not guaranteed in respect of any goods.

15.

16. No relaxation, extension or indulgence to the Purchaser shall in any way affect or prejudice the Sellers rights. 17. Should the Purchaser fail to comply with any of the stipulations of this agreement or should he fail to pay on due date, the Seller shall be entitled to immediately claim the full balance of principal debt including finance charges due by the Purchaser, or alternatively, to cancel this agreement and to repossess all the foods including additions and improvements thereto. After repossession of the goods the Seller shall cause the goods to be valued by a person appointed by him, which valuation shall be accepted as final by the Purchaser. Should the Purchaser after deduction of the value, owe any balance to the Seller, the Purchaser shall on demand pay such balance to the Seller. 18. The Purchaser agree that should this agreement be cancelled, then the Seller shall be entitled at the expense of the Purchaser to remove the goods from the place where it might then be kept, fixed or installed notwithstanding the fact that it may form part of any other movable or immovable object. 19. The parties hereto agree to the jurisdiction of the Magistrates Court in respect of any action which may arise from this agreement. The Seller, however, reserves the right to institute any action, according to his choice, in the Supreme Court and to claim costs in terms of the Supreme Court tariff. 20. A certificate signed by any manager of the Seller (whose authority, qualifications and authority need not be proved) regarding the amount owed by the Purchaser in terms of this agreement, shall at all times be prima facie proof of his obligations as indicated on the certificate.

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