TERMS & CONDITIONS

TERMS & CONDITIONS

- The point of sale and delivery shall be deemed to occur at the Yellow Metal SA Pty (Ltd)’s place of business.

- Parts/components/equipment supplied remains the property of Yellow Metal SA Pty (Ltd) until fully paid.

- Quotations are valid for a period as indicated on the quote and as long as stock is available within that period.
- Quotations/invoices do not include courier/ delivery/ freight charges unless stipulated.
- All orders will be valid with a proof of payment presented and payment cleared in our bank account. – NO ORDERS WILL BE PROCESSED WITHOUT A 100% PAYMENT. Payment will confirm   acceptance of terms and conditions. 

- All payments made by the Purchaser to the Yellow Metal SA Pty (Ltd) shall be made in South African currency and be free of exchange by the end of the following month of delivery of purchase (unless otherwise agreed) without deduction or set-off.

- Courier/ delivery/ freight charges are NOT refundable – no exceptions. - We will not be held liable for transport/ courier/ delivery/ freight charges. A standard handling fee of 30% will be charged upon ALL returns/ refunds.

- All carriers, other than the Yellow Metal SA Pty (Ltd), are deemed to be acting as agent for the Purchaser and risk passes to the Purchaser when the goods are in possession of such carriers.

- Parts are to be checked for correctness upon delivery or collection. 

- Parts supplied correctly are NOT refundable.

- No damaged parts will be refunded. Should parts be returned, it needs to be within fourteen (14) days on the client's account in original packaging/condition and not fitted. Any fitted parts is not returnable.

- Electrical parts/ components cannot be guaranteed and will not be refunded. (New electrical parts are covered for manufacturing faults only)

- Used parts cannot be guaranteed unless supplier warranties state it on invoice, this will be noted on the quotation/ tax invoice and are not refundable.

- Parts carry a standard 3 month / 500 hours warranty if not otherwise specified on the invoice from date of invoice. These warranty are subject to inspection and testing to determine cause of failure. The outcome of such inspection/test can affect the warranty.

- No warranties or representations whether express or implied, given or made by the Yellow Metal SA Pty (Ltd) in connection with this contract, other than those recorded herein shall for part of this contract.

- The Yellow Metal SA Pty (Ltd) shall not be liable under any circumstances whatsoever to the Purchaser for any shortage in delivery unless written notice of the claim is received by the Yellow Metal SA Pty (Ltd) within 5 days of arrival of the goods or equipment at their destination. In any event the Yellow Metal SA Pty (Ltd)’s liability for any such shortage shall be limited at its option to the replacement of payment of the value of the goods or equipment so short delivered.

- Claims in connection with shortages, defects in or unsuitability of the goods, equipment or work done here under will only be recognized if written notice is given to the Yellow Metal SA Pty (Ltd) within 5 days of the shortage, defect or unsuitability becoming apparent and in any event within 30 days after delivery of goods and equipment or completion of work. After such time period(s) have lapsed it is agreed that the Purchaser shall have no claims whatsoever against the Yellow Metal SA Pty (Ltd).

- The Yellow Metal SA Pty (Ltd) may require that goods and equipment be returned to its premises for repair in accordance with the procedure set out in its warranty policy, in which event the cost of return shall be for the Purchaser’s account.

- Save as herein provided either the Yellow Metal SA Pty (Ltd) nor any of its associate companies, officers, employees or agents shall be liable for any loss, expense, damage, injury or death, whether direct or consequential, suffered by the Purchaser as a result of any cause whatsoever arising from this contract whether such loss, expense, damage, injury or death is due to breach of contract negligence or any other cause. Under no circumstances shall Yellow Metal SA Pty (Ltd) be liable for any consequential damages or any delictual liability of any nature whatsoever.

- The Purchaser shall not have any claim of any nature whatsoever for any failure by the Yellow Metal SA Pty (Ltd) to carry out any of its obligations under the contract if such failure occurs as a result of vis major, strike, lock out, shortage of labour or materials, delay in transport stoppage or breakdown in machinery, accident of any kind, default or delay by any of the Yellow Metal SA Pty (Ltd)’s suppliers or sub-contractors, not, political or civil disturbances, the elements, any act of any State or Government or of any authority or any cause of any nature whatsoever directly or indirectly beyond the Yellow Metal SA Pty (Ltd)’s reasonable control.


- Save as set out above, no claim shall lie against the Yellow Metal SA Pty (Ltd) arising out of or in connection with any defects in or unsuitability of the goods, equipment or work executed here under.

- Title to the goods shall not pass to the Purchaser until full payment of the contract price has been made to the Yellow Metal SA Pty (Ltd). Furthermore, should a winding up order, a trustee be appointed or an execution be made against the Purchaser’s property, or any insolvency or bankruptcy proceedings (whether provisional or final) be initiated against the Purchaser then in any such event, the Yellow Metal SA Pty (Ltd) shall be entitled to enter upon the premises of the Purchaser and to repossess or trace either the goods or proceeds of the sale then in the hands of the Purchaser or liquidator respectively.

- In lieu of any warranty in law, whether express or implied, the Yellow Metal SA Pty (Ltd) may in its sole discretion replace detective goods. However, no replacement for alleged defects shall arise where the Yellow Metal SA Pty (Ltd) determines that the defect has/have resulted from poor workmanship or improper installation. The Purchaser accepts that the cost of any expert examination shall be for the account of the Purchaser where the goods are found not to be defective.

- Repairs/dismantling and adjustments carried out by unauthorized parties and fitting of parts other than parts supplied by Yellow Metal SA (Pty) Ltd during the Warranty period, will tend to invalidate the claim.

- Where the Yellow Metal SA Pty (Ltd) in its sole discretion elects to accept goods for return, a handling charge of 30% of the value of the goods will be levied However, where goods are bought out, the Yellow Metal SA Pty (Ltd) does not warrant that the source from which if procured the goods will accept the return of those goods for credit and such return will entirely be subject to the acceptance of such goods by the original supplier, which in any event shall not exceed 14 days after supply. No goods shall be accepted for return unless they are in the original packaging and in a saleable condition. The original invoice number on which the goods were supplied shall be quoted by the Purchaser.

- The Purchaser consents to the discretionary option of the Yellow Metal SA Pty (Ltd) to institute any action within the jurisdiction of the Magistrate’s Court.

- If the Purchaser commits any breach whatsoever of the terms and conditions of the contract between it and the Yellow Metal SA Pty (Ltd) then the Yellow Metal SA Pty (Ltd) may cancel the contract between the Yellow Metal SA Pty (Ltd) and the Purchaser and claim immediate payment of the amounts due and owing by the Purchaser to the Yellow Metal SA Pty (Ltd), without prejudice to any rights which the Yellow Metal SA Pty (Ltd) may have arising out of the breach or cancellation.

- The Purchaser shall be liable for all charges, including tracing fees and attorney fees and scale between attorney and own client, incurred by the Yellow Metal SA Pty (Ltd) as a result of the breach of the Purchaser.

- No deviation by the Yellow Metal SA Pty (Ltd) of its rights shall result in a waiver or notation of its right against the Purchaser herein.

- The Purchaser chooses his domicilium citandi et executandi at the address set out on the face thereof.


Please familiarise yourself with the terms and conditions of all sales.