Terms and Conditions
STANDARD TERMS AND CONDITIONS FOR A PURCHASE AGREEMENT
1.1.1 "Consumer Protection Act" means the Consumer Protection Act 68 of 2008, as amended and any Regulations promulgated in respect thereof;
1.1.2 "Harm" means harm, as described in section 61(5) of the Consumer Protection Act;
1.1.3 “PPC” shall mean PPC Limited, Registration number 1892/000667/06, and any other company in the Group; “the Group’ shall mean PPC Lime Ltd, PPC Cement (Pty) Ltd, PPC Saldanha (Pty) Ltd, PPC Slag (Pty) Ltd or any other company forming part of PPC’s group of companies;
1.1.4 “Protected consumer” means a consumer as defined in section 1 of the Consumer Protection Act and whose annual turnover or assets value falls below the threshold contemplated in section 5 of the Consumer Protection Act and to whom the Act applies;
1.1.5 “POPI” means the Protection of Personal Information Act, No. 4 of 2013;
1.1.6 "Personal Information" means information as defined in Section 1 of POPI, relating to any person, including but not limited to: (i) information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, disability, language and birth of the person; (ii) information relating to the education or the medical, financial, criminal or employment history of the person; (iii) information relating to the financial affairs of the person; (iv) credit card details and transactional data; (v) any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person; (vi) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (vii) the views or opinions of another individual about the person; (viii) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; and (ix) any other information which may be treated or defined as "personal information" in terms of any applicable Laws, including any applicable Data Protection Legislation;
1.1.7 "Consent” as defined in section 1 of POPI means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;
1.1.8 Notification to data subject when collecting personal information:
(1) If personal information is collected, the responsible party must take reasonably practicable steps to ensure that the data subject is aware of – (a) the information being collected and where the information is not collected from the data subject, the source from which it is collected;
(b) the name and address of the responsible party;
(c) the purpose for which the information is being collected;
(d) whether or not the supply of the information by that data subject is voluntary or mandatory;
(e) the consequences of failure to provide the information;
(f) any particular law authorising or requiring the collection of the information;
(g) the fact that, where applicable, the responsible party intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by that third country or international organisation;
(h) any further information such as the -
(i) recipient or category of recipients of the information;
(ii) nature or category of the information;
(iii) existence of the right of access to and the right to rectify the information collected;
(iv) existence of the right to object to the processing of personal information as referred to in section 11(3); and
(v) right to lodge a complaint to the Information Regulator and the contact details of the Information Regulator, which is necessary, having regard to the specific circumstances in which the information is or is not to be processed, to enable processing in respect of the data subject to be reasonable.
(2) The steps referred to in subsection (1) must be taken - (a) if the personal information is collected directly from the data subject, before the information is collected, unless the data subject already aware of the information referred to in that subsection; or
(3) it is not necessary for a responsible party to comply with subsection (1) if -
(a) the data subject or a competent person where the data subject is a child has provided consent for the noncompliance;
(b) noncompliance would not prejudice the legitimate interests of the data subject as set out in terms of this Act;
1.1.9 “Processing” as defined in section 1 of POPI means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including -
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; 1.1.10 “Responsible party” as defined in section 1 of POPI means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;
1.2 Unless a contrary intention clearly appears, the terms used in this document shall have the meanings assigned to them in section 1, section 53 or any other section, as the case may be, of the Consumer Protection Act.
1.3. The provisions of POPI shall be applicable to this agreement.
2. PURPOSE OF SELLING CONDITIONS
2.1.1 any offer made by PPC and accepted by the customer; or
2.1.2 any offer made by the customer and accepted by PPC, including any such offer made by the customer in response to a quotation from PPC.
2.2 The customer and PPC agree that no alteration or variation of these terms and conditions shall apply, either at the time that the contract is concluded or at any time afterwards, unless the alteration or variation in question is expressly agreed to in writing and signed by an authorised representative of PPC at the time in question.
3.1 Save as may be specified on any quotation form, prices are not subject to any discount and are applicable to deliveries made during PPC’s normal working hours.
3.2 All product is supplied at the prices ruling on the date of despatch from the factory and not in terms of earlier outdated quotations or prices at the date of order, irrespective of method of delivery.
3.3 All prices are strictly nett and are exclusive of Value Added Tax. In the case of delivery other than delivery at the factory, prices are subject to adjustment in respect of any increase / decrease in the cost of delivery arising directly or indirectly from any one or more causes, in particular:
3.3.1 in the case of delivery by rail or road, any increase in Transnet railage and/or transport rates and/or any other transport costs, including, but not limited to, fuel costs and e-tolling;
3.3.2 any statutes or law or regulation, bye-law or notice having the effect of law.
3.4 PPC is a supplier and shall not be considered to be a contractor or sub-contractor or in any other way be bound by the terms of any other agreement or contractual document to which PPC is not directly a party.
5.1.1 When bulk product is delivered the mass of the product shall be determined by the assize mass meter used by PPC. Queries in regard to weight variances must be made prior to the breaking of seals on bulk tankers. .
5.1.2 Any claim regarding alleged shortages and quantities delivered must be lodged with PPC immediately and confirmed in writing by endorsing delivery notes to that effect at the time of delivery, failing which the rights of the customer in regard thereto shall be deemed to be waived. .
5.1.3 The customer must give PPC written notice of any claim based on the existence of any alleged defect in the product within fourteen days after delivery (but six months in the case of a protected consumer), failing which the rights of the customer in regard hereto shall be deemed to be waived. Any claim in this regard shall be limited to a claim for the replacement of the defective product and PPC shall not be liable for consequential damages. .
5.1.4 Clear and unrestricted access must be provided at the delivery point for offloading of the product. Save where otherwise stated, delivery will be deemed to have been effected when each delivery vehicle/rail truck arrives at the destination required by the customer and is available for offloading. Transnet or the road transporters’ records shall be prima facie proof of such delivery. .
5.1.5 In relation to delivery of a product, time shall not be of the essence. Accordingly, PPC shall not be liable for any consequential costs or damages arising out of late delivery or the failure to deliver any product or service. .
5.1.6 PPC’s obligation to deliver the product shall in all cases be subject to the following conditions precedent:
126.96.36.199 the availability to PPC of all products and services required for the manufacture of products where the products in question are manufactured by PPC; .
188.8.131.52 the timeous availability and receipt by PPC from its own suppliers of goods and services where the goods and/or services in question are being purchased by PPC; .
184.108.40.206 the timeous receipt by PPC of any instructions required by PPC from any customer for the manufacture, purchase or supply of products. .
5.1.7 If the delivery is to be made in separate consignments, then the provisions of this clause 5 shall apply to each consignment. .
5.1.8 PPC reserves the right to decline to permit its vehicles to proceed to the point of delivery if it considers such access to be in conflict with reasonable conditions of safety for its employees and/or its vehicles. Where the customer fails to accept, or partially accepts delivery of product ordered, the cost of transport and handling charges incurred in the delivery and/or return, shall be for the customer’s account. .
5.1.9 It is the obligation of the customer to ensure that any bulk product ordered is offloaded into the correct silo or bin. .
5.1.10 Prior to the offloading of any bulk product the customer shall ensure that the tanker seals are in good order and that the product to be discharged is the product ordered. .
5.1.11 Any costs incurred in the transport, handling or storage of goods that cannot be delivered or are not accepted for delivery and any connected demurrage charges which have arisen due to PPC being unable to unload its product within a reasonable period will be for the customer’s account. .
5.1.12 Claims for shortages, breakages or water damaged product may be made in respect of deliveries and must comply with PPC’s detailed procedures, a copy of which is available on request. .
5.1.13 All sizes, weights and other specifications given by PPC are approximate only, subject to the provisions of the Legal Metrology Act, 2014. PPC reserves the right to supply products which do not exactly correspond with what it has agreed to supply provided that any differences do not make the goods unsuitable for the customer’s declared purpose. .
5.1.14 Should a customer require abnormal packaging this will be carried out at the customer’s cost and at the customer’s risk. .
5.1.15 Any delivery note or waybill (copy or original) held by PPC, signed by the customer or a person duly authorized by the customer, shall be prima facie proof that delivery was made to the customer. .
5.1.16 Where the need arises, PPC reserves the right to supply a product conforming to the same specification (SANS 50197) from any of its factories regardless of geographic location. The customer’s selling price will not be affected due to changes in source brought about by PPC. PPC however reserves the right to re-negotiate prices where a request to change the source of supply (regardless of product) is received from the customer. .
5.2 Delivery shall be by road unless otherwise stipulated on any quotation, and orders for delivery by road are subject to the following requirements: .
5.2.1 Bulk product will be delivered and pumped into a silo provided by the customer to an approved and accessible site. .
5.2.2 Product will be delivered to only one point at the site address indicated on the order and as reflected on the delivery note and scheduled transport will not be diverted without authority or instructions from PPC. Should the customer request that product to be delivered to another site, the customer will be responsible for any additional transport or any costs that may be incurred. .
5.2.3 In the case of bagged product, offloading will be done by the customer. In the case of bulk product and offloading by compressor, offloading will be effected by PPC. The offloading and receipt of product is to be supervised by a responsible person appointed by the customer. Delivery shall be deemed to have taken place upon the signature of the delivery note signed by the customer or a person duly authorized by the customer. PPC’s delivery notes shall for all purposes be deemed to be accurate in all respects and be binding on the customer. .
5.2.4 Should the customer request that the product be returned to the factory the customer will be responsible for any additional transport or any other costs that may be incurred. .
5.3 Delivery by rail: .
5.3.1 Orders for railed product are accepted in full truck loads in accordance with tariffs and conditions laid down by Transnet. .
5.3.2 In the case of delivery to a rail siding, delivery will take place on arrival of the consignment at the siding, and Transnet’s records will be prima facie proof of such delivery. .
5.3.3 PPC’s selling prices for delivery by rail include delivery to approved stations but any charges for road transport and handling, siding charges, and other ancillary Transnet charges or levies will be for the customer’s account. .
5.3.4 All other charges at destination are for the customer’s account. .
5.3.5 All and any demurrage charges levied by Transnet on PPC shall be for the customer’s account. 5.4 .
Delivery at PPC’s premises: .
5.4.1 If the customer requires delivery to take place by collection by the Customer from a PPC premises, the customer shall make its own arrangements for transport, at its risk. .
5.4.2 Maximum carrying mass will be governed by the relevant statutes. Where the customer appoints his own road transporter to collect the product at the factory, axle loading and any overloading will be the responsibility of the customer. .
5.4.3 Where the customer appoints its own road transporter to collect the product at the factory, PPC’s responsibility for providing proof of delivery will be limited to proving that the product was accepted by the road transporter at the factory. .
5.4.4 Delivery shall be deemed to take place when PPC’s representative issues a delivery note signed on behalf of PPC in accordance with clause 5.1.15. .
5.4.5 PPC reserves the right to search any customer’s vehicles and any vehicle of a road transporter appointed by the customer before it enters or leaves PPC’s premises, and in addition reserves the right to search and customer’s personnel or those of any sub-contractor appointed by the customer. It shall be the responsibility of the customer to ensure that such persons are aware of this provision. .
5.5 Spreading: .
5.5.1 Spreading will be under the direct control of the customer or its representatives. .
5.5.2 Full tanker loads (with a minimum of 22 metric tons) only will be supplied. .
5.5.3 No guarantee is given as to the tolerance of the spread. .
5.5.4 Scales and canvasses will be issued with each contract. The customer or his representative will be held responsible for their safekeeping until the contract is complete. .
5.5.5 It is the responsibility of the customer or his representatives to break the tanker seals and to ensure that the tanker is fully discharged. .
5.5.6 Standing time of 30 (thirty) minutes is permitted, thereafter a standing time charge at the rate specified on any quotation, or in the absence of such specification, at a reasonable rate, will be levied.
6. OWNERSHIP AND RISK
6.2 Notwithstanding the delivery of product or the passing of risk to the customer, ownership thereof shall remain vested in PPC until the product has been paid for in full..
8.2 The issuing of a quotation for the supply of any product/service does not imply an obligation on the part of PPC to grant credit facilities. In this connection it should be noted that although credit terms may be granted, the product/service required within this period could possibly exceed the agreed credit limit and the customer must ensure that it will have sufficient resources to provide for interim payments to allow for continuity of the required rate of supply, failing which PPC shall have the right to suspend supply. .
8.3 It is a condition of supply that the customer’s liability for payment becomes irrevocable against proof of delivery by signature on PPC’s delivery note or on the delivery note or consignment note of any carrier acting as an agent for PPC as stated in clause 5.1.15. .
8.4 The contract price shall be paid by the customer.
8.4.1 in South African currency free from bank and other charges at such address in South Africa as PPC may require; .
8.4.2 without any deduction or set off on presentation of invoice.
9. GOVERNING LAW
10.2 Subject to 10.3 if the customer is not a resident of and does not carry on business in South Africa, then the customer consents and submits to the jurisdiction of the Gauteng Local Division of the High Court, Johannesburg, and all courts of Appeal therefrom for all purposes arising out of the contract.
10.3 If the customer is a resident of or carries on business in Botswana, Swaziland, Namibia, Mozambique, Zimbabwe or Lesotho, PPC shall be entitled to institute legal proceedings against the customer arising out of the contract in any court of such countries having jurisdiction over the customer, provided that if a South African court has jurisdiction over the relevant customer, PPC shall be entitled to institute proceedings in the South African court having jurisdiction.
11. FORCE MAJEURE
12. SUSPENSION OF PPC’s OBLIGATIONS
12.1.1 require that all amounts then owed to it by the customer from any cause whatever, shall immediately become due and payable;
12.1.2 until the payment is made, suspend the carrying out of any of its then uncompleted obligations to the customer from any cause whatsoever;
12.1.3 terminate any credit facilities granted to the customer, under the contract or not
13.1.2 being an individual, dies or is provisionally or finally sequestrated or surrenders his estate; or
13.1.3 being a partnership, the partnership is terminated; or
13.1.4 being a company or close corporation is placed under provisional or final order of liquidation or business rescue; or
13.1.5 compromises or attempts to compromise generally with any of its creditors.
13.2 PPC’s rights in terms of point
13.1 above shall not be exhaustive and shall be in addition to any other rights it may have whether under the agreement or otherwise.
13.3 Upon termination of the contract for any reason whatever –
13.3.1 all amounts then owed by the customer to PPC, in terms of the contract, shall become due and payable forthwith;
13.3.2 PPC may retake possession of any product in respect of which ownership has not passed.
14.2 No warranty is given by PPC with regard to colour consistency of product.
14.3 If the product is required for a special purpose communicated to PPC no warranty is given that the product will be suitable for that purpose. The customer will be deemed to have satisfied itself as to the suitability of the product ordered, by virtue of the fact that it has placed the order.
14.4 PPC shall not be liable under any circumstances whatsoever for any damages, loss of profit, demurrage, whether direct or indirect, consequential or otherwise alleged to be sustained by the customer as a result of or attributed to:
14.4.1 product supplied by PPC being defective or incorrectly used and/or used in conjunction with materials not supplied by PPC;
14.4.2 any delay in the manufacture or delivery of the product in acts or omissions or negligence (gross or otherwise) of any of PPC’s employees or agents or servants or any other person for whose acts or omissions PPC is liable.
14.5 In the event that any product does not comply with any of PPC’s warranty undertakings it shall replace the product as soon as reasonably possible after the defect has been brought to its attention, subject to 5.1.3.
14.6 The warranty given by PPC in 14.1 is given in lieu of any common law liability, and accordingly all and any liability for:
14.6.1 warranties implied by law in respect of latent defects; or
14.6.2 the fitness of the products for the customer’s purpose (in respect of which the customer must satisfy itself); or
14.6.3 any loss or injury arising from the supply of the products, including any loss attributable to any negligent act of PPC or its servants or agents; or
14.6.4 any representations or warranties as to the goods given by any of PPC’s servants or agents are hereby excluded.
15.1.1 supplying unsafe goods;
15.1.2 a products failure, defect or hazard in any goods; or
15.1.3 inadequate instructions or warning provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor, retailer or supplier, as the case may be.
15.2 In respect of 15.1 above, each party ("indemnifying party") hereby indemnifies and holds harmless the other party from and against any and all claims, actions, liabilities, damages, costs and expenses asserted against, imposed upon or incurred by such other party as a result of or arising out of any harm alleged or proven by a consumer itself, or other person contemplated in section 4(1) of the Consumer Protection Act, to the extent that such harm is attributable to the conduct of the indemnifying party or any contravention by the indemnifying party of any applicable law.
15.3 It is recorded that signature of this document by the customer is without prejudice to any rights or defences which PPC may have under and in terms of the Consumer Protection Act or at law in respect of any claims made or brought against it by the customer and/or any protected consumer or purchaser of any goods supplied by PPC.
16. PROTECTION OF PERSONAL INFORMATION
16.1 The customer consents to PPC collecting, receipt, recording and thereby processing its personal information reflected on PPC’s quotation forms, invoices and any other annexures reflecting the customer’s personal information, in support of such pricing to give effect to this agreement and consents to such information being safeguarded by PPC for this purpose.
16.2 The customer consents to PPC collecting, receipting and recording of its personal information relating to the entering of terms of payment with PPC for the issuing of a quotation for the supply of any product or service by PPC to the customer.
16.3 The recording of personal information of the customer will only be retained by PPC for the specific purpose of completion of such order.
16.4 The customer accepts responsibility for safe keeping and issuing of its orders with PPC and undertakes to safeguard the processing of PPC’s personal information as reflected on such orders.
16.5 PPC undertakes to protect and safeguard the processing of personal information of the customer as alluded to in paragraph 4(g) of POPI.
17. PROTECTED CONSUMERS
17.1.1 clauses 4.3 and 13.1 shall be read in conjunction with the provisions of section 14 of the Consumer Protection Act;
17.1.2 the period referred to in clause 5.1.3 shall be 6 (six) months;
17.1.3 clause 5 shall not apply insofar as it contravenes section 19 of the Consumer Protection Act;
17.1.4 clause 8.4.2 shall not apply insofar as they contravene section 48 of the Consumer Protection Act;
17.1.5 clause 14.1 shall not apply insofar as they contravene sections 55 and 56 of the Consumer Protection Act;
18.1.1 words importing any one gender shall include the other two genders;
18.1.2 the singular shall include the plural and vice versa;
18.1.3 a reference to natural persons shall include created entities (corporate or unincorporate) and vice versa.
18.2 In these conditions, the headings have been inserted for convenience only and shall not be used for nor assist or affect their interpretation.
19.1 This document contains the entire agreement between the parties.
19.2 No party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this document.
19.3 No failure by a party to enforce any provision of these conditions shall constitute a waiver of such provision or affect in any way a party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
19.4 No agreement to vary, add to or cancel these conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of the parties to this agreement.
19.5 No party may cede any of its rights or delegate any of its obligations under these conditions.
19.6 The customer warrants that it is acting as a principal and not as an agent for an undisclosed principal.
19.7 These standard terms and conditions shall override any standard terms and conditions of purchase which the customer purports to impose and in the event of any conflict these terms and conditions shall prevail.
19.8 Should any provision in these standard terms and conditions be found to be in contravention with the Consumer Protection Act, such provision shall be deemed to be severable from these standard terms and conditions.
PPC 130 YEARS CELEBRATION CAMPAIGN TERMS & CONDITIONS
- 1.1 PPC`s 130 Years celebration Campaign (“Promotion”). 1.2 The promoter of the Promotion is PPC Cement SA (Pty) Ltd, Registration number: 2009/005305/07 and/or its agencies ("Organiser").
2. Promotion Period:
- 2.1 The Promotion will run from 15 February 2022 to 27 June 2022 (“the Promotion Period”) on the selected Qualifying PPC Products. 2.2 The Promotion will be open and accepting entries from 7:00am – 15:00pm, entries entered after the stipulated time will be included for the following days draw. 2.3 The duration of the Promotion may be amended, extended or curtailed at the discretion of the Organiser. 2.4 Promotion is valid while stocks last.
3. Who may enter:3.1 All participants must:
- 3.1.1 be citizens of the Republic of South Africa and/or a legal resident of the aforesaid country; 3.1.2 must be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period; 3.1.3 must be a natural person and be at least 18 (eighteen) years old at the date of the commencement of the Promotion Period; 3.1.4 be in the possession of a valid proof of purchase of the Qualifying PPC Products with verifiable details, and all Valid Receipts (payment receipts) uploaded must come from recognised stockists of PPC Cement across SA within the promotion period. 3.1.5 The promotion is not open to Distributers, retailers, resellers, or any customer that purchases product directly from PPC for use in any construction related applications.