Terms and Conditions
- General provisions
All transactions and agreements shall become binding on us only through our written confirmation. The buyer’s conditions of purchase shall place us under an obligation, only if we expressly accept them. Lack of contradiction does not mean our approval. - Prices
Prices quoted, unless otherwise stated, shall be Ex Works (EXW) supplying plant, based on Incoterms 2020, and excludes packaging and the respective statutory value-added tax. If, owing to changed legal standards, additional or increased charges, especially duties, levies and currency adjustment arise between the conclusion of the contract and delivery, we shall be entitled to increase the agreed price accordingly. - Delivery time
The delivery timelines and dates quoted are subject to change, meaning without legal obligation. Therefore, claims for damages of any kind with reference to delivery periods are ruled out. We will however endeavour to meet delivery timelines and keep the buyer informed of changes as part of schedule risk mitigation. These factors however do not entitle the buyer to turn away part deliveries. - Performance and dispatch
Shipment and dispatch, where applicable, shall in all cases – even with delivery at no charge to buyer – be at the buyer’s risk. The method of dispatch and the means of transport and protection are billed separately and are left to our choice with the exclusion of any liability. We shall however take account of the buyer’s wishes as far as possible. Goods reported as ready for dispatch must be called off immediately; otherwise, they shall be stored at the buyer’s expense and risk. - Rules of execution
For the execution in terms of quality, dimensions and quantity, unless otherwise especially agreed, the relevant standards with the applicable deviations and, in the absence of existing standards, commercial practices shall prevail. With deliveries, regardless of the means of transport used, the total quantity or dimensions shall govern billing. - Long-term transactions and exceeding of transaction
Given ongoing transactions over a lengthy period, purchase order and the relevant specifications for roughly identical monthly quantities shall be forwarded to us. If the purchase order or specifications are not received on time, we shall be entitled - having granted a fruitless extension - to draw up the specifications ourselves and to deliver the goods or to withdraw from the still outstanding part of the transaction or to request compensation for nonfulfillment. If the contractual quantity is exceeded through the buyer’s purchase order, we shall be entitled but not obliged to deliver the excess quantity at the current prices valid on the date of the purchase order. - Inspection
The buyer is obliged to inspect the goods at the supplying plant immediately upon notification of readiness for inspection. If the buyer explicitly or implicitly waives the right of inspection at the supplying plant by not including an inspection provision in the order, the goods shall be deemed properly supplied and inspected upon leaving the plant. Given materials without quality standards, the buyer shall be entitled to inspect the materials at the supplying plant insofar as this inspection extends to ascertaining the external condition and dimensions in the store, i.e. without the goods being removed from the store. Inspected goods or goods deemed as inspected shall be regarded as properly supplied and accepted. Any subsequent complaints cannot be taken into consideration. - Complaints and liability
In the cases where the buyer has a right of complaint, it shall be lodged in writing within 14 days of receipt of the goods based on the relevant Incoterm. Defects which cannot be detected even given the closest examination within this period shall be notified without delay upon discovery with the immediate cessation of any handling or processing, at the latest however six (6) weeks from receipt of the goods based on the relevant Incoterm. If an item is defective, we shall be entitled at our own discretion to supplementary fulfilment in the form of removal of the defect, return delivery for a replacement free to our plant, a reduction in the purchase price or its reimbursement. In the event of return delivery, our order number shall be indicated on the bill of freight, in the dispatch documents and on the bill of conveyance. Any damage claims above and beyond this of whatever kind and from whichever title, especially such relating to compensation for direct or indirect damage, such as loss of profit, are expressly ruled out. - Payment terms
Our invoices, including for part deliveries, shall be paid without deduction by the due date of 30 days from the date of invoice, unless agreed otherwise. The buyer shall bear any bank charges. Given delay of payment, interest charges at a rate of two (2) percent above the prime lending rate of the South African Reserve Bank shall be paid to us. Noncompliance with the payment terms, or circumstances which entail a deterioration of the creditworthiness of the buyer shall result in all our claims becoming due and payable. In addition, we shall in these cases be authorised, given protection of our other rights, to perform outstanding deliveries only against cash payment or to withdraw from the contract or to demand compensation for nonfulfillment. The withholding of payments based on the buyer’s alleged counterclaims which are not recognised by us, is not allowed. The same applies to the offsetting of such counterclaims. - Reservation of ownership
Until complete payment of all the buyer’s financial liabilities, we reserve the right of ownership to the goods manufactured and/or delivered. The buyer is entitled to resell the goods subject to reservation of ownership in the ordinary course of business. In such cases, however, he transfers the warranty conditions and limits of liability as stipulated in our original sale agreement, from such a resale to us. - Force majeure
Force majeure, which includes natural phenomena, strikes, major industrial disruptions, the occurrence of rejects among delivery items, and the nonarrival of supplies of starting materials, as well as all circumstances which make delivery very difficult or impossible, shall entitle us to suspend delivery for the duration of the impediment and a reasonable initial period or to withdraw from the contract with regard to the part not yet performed. The buyer may seek a declaration from us as to whether we intend to withdraw or deliver within a reasonable period. If we fail to provide a declaration, the buyer may withdraw. - Place of performance and jurisdiction
The place of performance for all transactions, even if carriage paid to point of delivery is agreed, shall be the supplying plant. The place of jurisdiction for all disputes is South Africa exclusively, although we are also entitled at our discretion to go to any other court which is competent in relation to the buyer. The contract shall be subject to South African law. - Severability clause
If individual terms of these general conditions of sale are or become ineffective and/or void, either as a whole or in part, this fact shall have no effect on the validity of the remainder of these general conditions of sale. - Compliance
The buyer hereby confirms receipt and acknowledgement of the Code of Conduct for voestalpine Business Partners. The Code of Conduct for voestalpine Business Partners is available at https://www.voestalpine.com/group/en/group/compliance/code-of-conduct-for-voestalpine-business-partners/. The buyer undertakes to comply with the provisions of this code and will indemnify voestalpine in the event of a violation.