1. Sales of Goods 1.1 In the event of non-payment as described hereunder, the Seller shall be entitled at its discretion to claim repossession sold by the Seller to the Purchaser and to institute action for damages suffered by the Seller forthwith without giving notice to the Purchaser. This remedy shall be entirely without prejudice to the rights of the Seller to claim payment of any amount outstanding forthwith without giving notice to the Purchaser. In the event of the Seller electing to recover possession of the goods, this shall be subject to the Purchaser being responsible for payment of all transport costs, any State, Provincial or Local taxes or imports and storage costs. 1.2 Claims for short deliveries or deliveries not in accordance with order must be made in writing immediately upon receipt of the goods by the Purchaser the Seller will not accept returns of goods unless the return is approve by the Seller within 7 (seven) days of date of delivery, and in the vent of the Seller accepting return of goods shall be subject to a 10 % handling charge on the purchase price at the discretion of the Seller. No returned goods will be accepted by the Seller unless such goods are in original packaging and in a saleable condition.
2. Payment 2.1 Payment by the Purchaser is to be made within 30 (thirty) days from date of statement (unless otherwise agreed to in writing). 2.2 The Seller reserves the right to charge interest on overdue amounts on a monthly basis from due date to date of payment at a rate equivalent to 3 % above the ruling overdraft rate charged by the Seller’s bankers from time to time, provided that such rates shall not exceed the legally permissible maximum in terms of the Limitation and Disclosure of Finance Charges Act. 2.3 Should the payment be made within the credit terms, a 2,5 % settlement discount is permissible provided payment is received and reflected on MSD Animal Health’s bank statement prior to the expiration of Clause 2.1.
3. Delivery Agents and Risk 3.1 Any carrier other than the Sellers is deemed to be acting as Agent for the Purchaser. Should a Purchaser request delivery other than the Seller’s carrier, the Purchaser will be responsible for any extra costs. 3.2 Subject to the provisions of Clause 3.1 above, risk in and to the goods shall pass to the Purchaser on delivery.
4. Return of Goods 4.1 Pharmaceutical Returns a. All products must be stored in accordance with label directions. b. Returned merchandise or short-dated merchandise will not be accepted, nor credit issued unless: Prior written approval from the Seller has been obtained. · Merchandise is returned at least four months prior to expiry date. · Merchandise is in a re-saleable condition, as determined by our Quality Control Department. · c. Goods returned at a customer’s request must be returned carriage paid, and will be subject to a 10 % handling charge, unless the return arises out of an error by the Seller. d. Request for copies of such proof of deliveries must be made to MSD Animal Health from where the product was dispatched or alternatively addressed for the attention of the Credit Controller at Head Office (address shown overleaf). All such requests must be made within 14 (fourteen) days of the date month-end statement for the month. 4.2 Vaccine and Antigen Returns a. As proper handling, storage and use are of utmost importance to their effectiveness, all vaccines and antigens must be stored in accordance with label directions. b. No vaccines or antigens will be accepted for return for credit due to stability reasons. 4.3 Goods Lost in Transit
MSD Animal Health is not obliged to give any credit or replace any product lost in transit whilst being transported by any transport contractor other than MSD Animal Health’s own vehicles.
The onus rests on the customer to file a claim for such lost goods on the transport contractor. 5. Documentation Errors
Any errors, i.e. wrong pricing, discounts, etc., must be reported to MSD Animal Health within 14 (fourteen) days, of date of such document.
6. Proof of Delivery
It is a standard practice of MSD Animal Health to supply a copy of the delivery note to the customer when goods are delivered.
The Purchaser hereby consents to the jurisdiction of the Kempton Park Magistrates Court for any action instituted by the Seller in respect of any matter(s) arising from these terms and conditions or any action pursuant to these premises.
This Clause shall be entirely without prejudice to the rights of the Seller to institute action in any form of competent jurisdiction. 8. Domicillium
The Purchaser hereby appoints the address in this credit proposal as its domicillium citandi et executandi for purposes of all notices of pleadings in respect of any issue(s) arising from these conditions.
All prices are subject to the alteration without notice, and orders will be executed at the price ruling at time of dispatch.
“Back Orders” will normally be executed at the price ruling at the time the orders were received, but in special circumstances where increased prices are unavoidable, reference will be made to the customer prior to dispatch and invoicing at the new price. 10. Costs
In the event of the Seller instructing its attorneys to recover any amounts outstanding by the Purchaser, it is agreed that the Purchaser shall be responsible for payment of all costs as between attorney and client, tracing fees, collection commission, and any other expenses reasonably incurred by the Seller in such action.
Transport charges will be paid by MSD Animal Health for all products on order(s) exceeding R3 000-00.
If order is less than R3 000-00, a surcharge of R300-00 will be added. 12. Liability
Apart from the terms of any written guarantee in respect of specific goods sold by the Seller, the Seller will at its discretion consider replacement or reimbursement in respect of any goods supplied which are proved to be defective either in manufacture or material content.
The Seller shall not be liable for any injury, damage or loss being consequential or otherwise resulting from such defects. The Seller at no stage guarantees the suitability of products for a particular application by the Purchaser other than as clearly stated on the package insert. MSD Animal Health accepts no responsibility for any product or any damage caused by such product if it is sold or used after the specified expiry date. 13. The Purchaser acknowledges that no relaxation of indulgency granted by the Seller to the Purchaser shall in any way prejudice the Seller’s rights hereunder nor shall there be a waiver or novation of such rights; and except for the additional conditions contained in the application form, this is the whole agreement between the parties hereto, and no variation of this agreement, including this Clause, shall be of any force or effect unless recorded in writing and signed by both parties. 14. This agreement is binding upon the Purchaser his assigns or successors-in-title.