3. PACKAGING, SHIPPING 3.1. The supplier packages all products in accordance with its usual business practices. If the customer has special shipping or handling requirements, the customer must inform the supplier in a timely manner of these special requirements, and the customer will be responsible for any increase in the cost of packing the order. 3.2. The price does not include shipping or handling costs, and the Customer bears both the cost and the risk of bringing the Products to their final destination. The Supplier will inform the Customer when the Items are available for collection at the Supplier`s facilities, and the Customer will be responsible for ensuring that the Items are removed from the Supplier`s factory, completing all export documents and clearing the order through U.S. Customs. In the event that the Customer wishes the Supplier to deliver the items to a specific destination, the destination will be clearly indicated in the order and the Customer will be required to provide an account number that the Supplier can use for shipping costs.
3.3. In the absence of special instructions, the Supplier will choose the Carrier and may, in its sole discretion, « collect », prepay in advance or ship against the terms of payment of the invoice, but shall not be deemed to have assumed any liability in connection with the Shipment, and the Carrier shall not be construed as a representative of the Supplier. 10.1 Ownership of the Products sold under the Contract will remain the property of the Company and will not be transferred to the Buyer until the purchase price has been paid in full, and until such payment has been made, the above Products and/or Services may not be mortgaged or pledged in any way. 10.2 If the Product(s) is to be stored in rented premises, the Buyer undertakes to immediately inform the Lessor that the Company has retained ownership of all the Products covered by the Contract. 4. DELIVERY, OWNERSHIP AND RISK OF LOSS 4.1. The planning agreement specified by the supplier represents its best estimate and is based on current schedules and workload. The Supplier shall not be liable for any delay, damage or loss suffered by the Customer as a result of non-compliance with this estimate. Partial deliveries are allowed. 4.2.
Unless otherwise agreed in writing by the Supplier, delivery is deemed to be fob origin (Incoterms 2010) for domestic shipments and from FCA Dulles International Airport (Incoterms 2010) for international deliveries. If the Supplier agrees in writing to ship a non-FCA Dulles international airport, the Supplier will invoice the Customer for the actual costs incurred by the Supplier for customs clearance and shipment of the items to an international airport in the specified country. If the Customer does not collect the Products within one (1) week or does not provide an appropriate statement of costs for shipping costs, the Supplier is entitled to charge the Customer for the Products and reserves the right to store the Items and charge the Customer for storage costs. 4.3. Ownership and liability for loss or damage to the Products passes from the Supplier to the Customer when the Products are originally delivered foB for domestic shipments or to FCA Dulles International Airport for international shipments. 1.1 « The Company » and/or « the Seller » means GEZE South Africa (Pty) Ltd. 1.2 « The Buyer » and/or « Buyer » means the party who has placed an order with the Company or any person with whom the Company enters into a contract under an offer to purchase the Company`s products or services, and includes agents, successors and authorized assigns of the Buyer. 1.3 « Contract » or « Order » means any contract or agreement arising from the acceptance of an offer to purchase products or services from the Company, whether or not such Agreement arises from: 1.3.1 an offer from the Company accepted by the Buyer; or 1.3.2 an offer or order made by the Buyer and accepted by the Company; or 1.3.3 an offer or order made or placed by the Buyer in response to an offer by the Company. 1.4 « Goods », « Product(s) » and/or « Service(s) » means the subject matter of the Contract as supplied or to be provided by the Company.
1.5 « List Price » – is the last official price of the Products as indicated in the Company`s price list and/or on the website www.geze.co.za. 19.1 No modification or variation of these Terms and Conditions shall be of any force or effect unless the Company has expressly agreed in writing and signed by an authorized representative of the Company and the Buyer. 19.2 Any flexibility granted by the Company shall not be construed as a relaxation or waiver of the Company`s rights to assert its rights at any time. 19.3 No waiver by the Seller of a breach shall be treated as a waiver of a subsequent breach of the same or a different provision. 19.4 If any provision of the Terms is held by a court or other competent authority to be invalid or unenforceable, in whole or in part, the validity of the remaining provisions of the Terms and the rest of that provision shall not be affected. 2.1 These General Terms and Conditions apply to any contract under which the Company undertakes to sell products and/or services to the Buyer, to the exclusion of any conditions that the Buyer wishes to apply. .