Shipping policy

17) Delivery:

17.1: Any time or date for delivery specified by the Supplier or the Purchaser in respect of any sale shall be approximate only.
17.2: Time shall not be of the essence of the contract
17.3: If the Supplier cannot, for any reason whatsoever, effect delivery of any goods on the date stipulated by it or by the Purchaser the sale shall not, for that reason alone, be cancelled by the Purchaser and the Purchaser shall be obliged to take delivery as and when the Supplier can conveniently effect delivery.
17.4: The Supplier undertakes to use its best endeavor to effect delivery on any date specified by it but no warranties of whatsoever nature or kind are given and the Supplier shall not be responsible for any damages of whatsoever nature, loss of profit or any consequential or indirect damages which the Purchaser may suffer as a result of late delivery.
17.5: Should the Purchaser request the Supplier to withhold or postpone delivery and in the event of the Supplier agreeing thereto, then the supplier shall be entitled to charge, and the Purchaser undertakes to pay, storage charges to the Supplier at the prevailing rates charged by the Supplier for such storage.
17.2: The risk in and to the goods purchased shall pass to the Purchaser upon delivery, which shall be deemed to have been effected as follows:
17.2.1: in the case of deliveries by rail, upon delivery to the Railway authorities even should the cost of be paid or prepaid by the Supplier, it being understood that in all cases Transnet Beperk (or all its subsidiaries) shall be deemed to be the Purchaser's agents:
17.2.2: On the loading of goods on the Purchaser's vehicles where delivery is taken from the Supplier by the Purchaser at the Suppliers warehouse
17.2.3: in case of delivery by ship, upon delivery to the relevant Railway or Harbor authority, it being understood that in all cases Transnet Beperk (and all its subsidiaries) shall be deemed to be the Purchaser's agents
17.2.4: in the case of delivery by road, upon tender of goods for acceptance within normal business hours at the Purchaser's place of business or at such other place of business or at such other place the Purchaser may specifically direct.
17.3: The Suppler and/or its servants and/or road agents shall not be liable for any damages or loss occasioned to the Purchaser or any third party arising in any way from the entry in not the premises nominated by the Purchaser in terms of entering, exiting or off-loading, and the Purchaser hereby indemnifies and holds the Company as harmless against liability for such damage or loss.
17.4: In the event of the Supplier, for any reason whatsoever, not being able to effect deliveries of all the goods, the Supplier may at its sole election, effect delivery of such goods as it may then be able so to do and the Purchaser is obliged to accept delivery of such goods and such partial delivery shall be deemed to be a sale for such lesser quantity of goods concluded in terms of these conditions.
17.5: In the event of any default by the Purchaser of any of the terms and conditions governing a sale, the Supplier reserves the right to suspend any further or other deliveries on outstanding orders until such default has been rectified.
17.6: No variation, addition or cancellation of any of the terms of the contract at the instance of the Purchaser shall be of any force and effect unless recorded in writing and signed by the Purchaser and accepted in writing by the Supplier.