1. Title to the goods shall remain with Das Food Systems (Pty) Ltd until all sums due to Das Food Systems (Pty) Ltd in respect of the goods have been paid. The machinery, materials, goods or parts furnished by Das Food Systems (Pty) Ltd hereunder shall remain personal property and retain its character as such no matter in what manner affixed or attached to any structure. If the purchaser shall default in any payment, the unpaid portion of the purchase price shall, at the option of Das Food Systems (Pty) Ltd, become immediately due and payable without notice, together with all reasonable attorneys’ or collection agencies’ fees incurred in the collection thereof. The purchaser agrees to execute such documents as may be submitted by Das Food Systems (Pty) Ltd to protect its title to the machinery, materials, goods and parts.
  2. In the case of default, Das Food Systems (Pty) Ltd reserves the right to enter the premises where the said machinery, materials, goods and parts are located and take possession of and remove same if it so elects.
  3. Taking of notes or other obligations or securities of any kind as evidence of deferred payments, whether given by the purchaser or other persons, shall not divest said title without an agreement in writing to that effect.
  4. The amount of any present or future occupation, value added, sales, use, service, excise, import surcharge or other similar tax which Das Food Systems (Pty) Ltd shall be liable for either on its own behalf or on behalf of the purchaser or otherwise, which are not separately specified with respect to any machinery or material or service covered by this contract shall be in addition to the price contained herein and be paid by the customer.
  5. Upon delivery of any of the machinery and materials at the FOB points herein specified, the purchaser shall be responsible for and assume the risk of loss or destruction of or damage to or by machinery and materials. The purchaser shall, at this expense, insure the machinery and materials against such risks and in such companies as may be specified by Das Food Systems (Pty) Ltd for an amount not less than the unpaid purchase price with loss payable clauses in favour of Das Food Systems (Pty) Ltd and hold Das Food Systems (Pty) Ltd harmless from any and all claims relating to or condition of the machinery or materials.
    1. Any shipping or delivery dates provided herein shall be subject to extension because of any delay listed in paragraph 6.2 below:
    2. Neither party shall be liable for delays caused by fire, elements, rebellion, riots, strikes, labour troubles, or civil commotion of any kind, or by delays in procuring labour, materials, or supplies, or by any other matter of like or different character beyond the reasonable control of the parties hereto or because of any priority or preference ratings or orders or regulations established by any Governmental Authority concerning labour, materials, or transportation which affect Das Food Systems (Pty) Ltd and its suppliers.
  6. Das Food Systems (Pty) Ltd warrants all machinery and materials only to the extent that such machinery and materials are warranted to Das Food Systems (Pty) Ltd by its suppliers. The terms and conditions of the suppliers warranty will also apply. Liability for any damage, failure or injury caused by the installation, maintenance or incorrect use of the machinery and materials are specifically excluded.
  7. The suppliers warranty with regard to application, service, reasonable wear and tear point of delivery of replacement items, performance, notice of unsatisfactory performance and opportunity to rectify faults of the machinery and materials shall apply in all respects.
  8. Failure by the purchaser to notify Das Food Systems (Pty) Ltd in writing that the machinery and materials fail to meet the terms and requirements of the contract within 90 days after start-up of the machinery or putting to use of the materials, specifying in what particulars they fail, shall constitute a complete acceptance of that which was sold under this contract and a waiver of any claim that what was sold fails to meet the terms and requirements of the contract. In the event that the purchaser gives the above notice, Das Food Systems (Pty) Ltd and its suppliers will be given a reasonable time within which to remedy any defects or deficiencies that may be found by it to exist.
  9. A waiver by either party of any of the terms and conditions of this contract and / or any breaches thereof shall apply only to the particular instance or instances in which such a waiver occurs and shall not affect or impair the further continuance in force of such terms and conditions, or the right of either party to avail itself of such terms or conditions upon any subsequent breach or breaches thereof.
  10. This contract contains all agreements between the parties and there is no agreement, verbal or otherwise, which is not set forth herein. No person shall have any right to waive or change any provisions of this contract or to waive any legal right of Das Food Systems (Pty) Ltd without written authority from one of Das Food Systems’ (Pty) Ltd duly authorised representatives.
  11. This proposal shall become a contract when accepted by the purchaser and approved in writing by a duly authorised representative of Das Food Systems (Pty) Ltd. If not approved, cash deposits made by purchaser will be immediately returned.