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Standard Trading Terms and Conditions Of Sonometric Inspection Cc

STANDARD TRADING CONDITIONS OF SONOMETRIC INSPECTION CC


1. In these standard terms and conditions:

 

1.1 “Sonometric” means Sonometric Inspection cc, registration number 2001/037364/ 23.

1.2 “Customer” means any person or party at whose request or on whose behalf Sonometric undertakes any business or provides any advice, information or services.

 

2. Subject to clause 12 below, all and any business undertaken or advice, information or services provided by Sonometric, whether gratuitous or not, is undertaken or provided in accordance with these standard terms and conditions.

 

3. Unless otherwise specifically agreed by Sonometric in writing, the Customer shall pay Sonometric by electronic funds transfer immediately upon presentation by the latter of its invoice/s in respect of the services rendered and work done by Sonometric of all sums due to Sonometric without deduction or set-off and free of bank charges, and payments shall not be withheld or deferred on account of any claim or counterclaim which the Customer may allege.

 

4. All and any moneys received by Sonometric  from the Customer shall be appropriated by Sonometric in its sole and absolute discretion, notwithstanding   that, when making the payment, the Customer may seek to appropriate the payment to any particular debt or portion thereof.

 

5. These standard terms and conditions and all agreements entered into between Sonometric and the Customer pursuant thereto and on the terms thereof shall be governed by and construed in accordance with the laws of the Republic of South Africa, irrespective of where the agreement/s were entered into.

 

6. Subject to the provisions of clause 8 below, any legal proceedings arising out of or in connection with these standard terms and conditions and all and any agreements entered into pursuant thereto may only be instituted in the High Court of South Africa, Western Cape High Court, Cape Town, which shall have exclusive jurisdiction to hear and determine such legal proceedings.

 

7. To the extent as may be necessary, the Customer hereby consents to the jurisdiction of the said Western Cape High Court, as referred to in clause 6 above.

 

8. Notwithstanding the provisions of clause 6 above, Sonometric shall have the discretion to institute legal proceedings against the Customer in any magistrate’s court in South Africa having jurisdiction in terms of Act no. 32 of 1944, as amended, notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of any said magistrate’s court.

 

9. All quotations and agreements are subject to revision without notice, having regard to changes in currency exchange rates and upward movements in amounts payable by or on behalf of or at the instance of Sonometric to third parties including, without limitation, freight, surcharges, insurance premiums, equipment rental and labour which charges and upward movements take place after quotation.  Any revision of rates as aforesaid will be commensurate with the change in the currency exchange rate or the increase in such amounts payable.  Any such increase shall, in the event of the Customer disputing the quantum of same, be determined by the accounting officer of Sonometric who in such determination shall act as expert and not as arbitrator and whose decision shall be final and binding on the parties.

 

10. Sonometric shall not be liable to the Customer for any claim of whatsoever nature (whether in contract or delict) and whether for damages or otherwise unless caused by the gross negligence or willful misconduct of Sonometric, its members, employees, sub-contractors or agents.  

   

11. Notwithstanding anything to the contrary contained in these trading terms and
conditions, Sonometric shall not, under any circumstances whatsoever, be liable for any indirect and consequential loss/es howsoever caused or suffered by the Customer.

 

12. No variation or alteration of these standard terms and conditions shall be binding on Sonometric unless embodied in a written document signed by a member of Sonometric. Any purported variation or alteration of these standard terms and conditions otherwise than as set out above shall be of no force or effect.

 

13. No extension of time or waiver or relaxation of any of these standard terms and conditions shall operate as an estoppel against Sonometric in respect of its rights under these standard terms and conditions, nor shall it operate so as to preclude Sonometric thereafter from exercising its rights strictly in accordance with these standard trading terms and conditions.

 

14. In the event of the Customer failing to pay any amount owing to Sonometric on due date, then all other amounts for which the Customer may be liable to pay Sonometric, shall become immediately due and payable without demand.

 

15. Overdue amounts due and payable in the currency of South African Rand by the Customer to Sonometric shall bear interest at the prime rate of interest charged from time to time by Standard Bank of South Africa Limited to its first class corporate clients, plus 3 percentage points thereon, which rate may be proved by a certificate from any duly authorised official of the said bank, and which certificate shall constitute prima facie proof of the contents thereof and which may be used for the purposes of provisional sentence or summary judgment in any legal proceedings. Any other overdue amounts payable by the Customer in a foreign currency, such as United States of America Dollars, shall bear interest at the prescribed rate of interest as provided for from time to time in terms of the Prescribed Rate of Interest Act no. 7 of 1997.

 

16. A certificate by any member of Sonometric shall be prima facie proof as to the outstanding amount due and payable by the Customer in terms hereof and such certificate may be used for the purpose of provisional sentence, default  or summary judgment proceedings in any legal proceedings.

 

17. In the event of Sonometric incurring any legal costs pursuant to any breach by the Customer of any of its obligations, the Customer shall be liable for and pay Sonometric’s costs thereby incurred, on the scale as between attorney and client.

 

18. Copyright in and to all documentation, reports and any other written material, as well as any photographs, diagrams or other written material (whether contained in electronic medium or otherwise) shall vest exclusively in Sonometric. All reports and other documentation incidental thereto shall be provided by Sonometric to the Customer in PDF format.

 

19. Sonometric shall under no circumstances be liable to the Customer in circumstances beyond the reasonable control of Sonometric, including without limitation, acts of God, strike, boycotts, changes requested by the Customer in the scope of work, war-like operation, rebellion, riot, war, civil commotion, lock-out, combination of workmen, interference of trade unions, suspension of labour, fire, explosion, floods, accident, acts of any government or any other similar circumstances (all of which hereinafter referred to as “Force Majeure”). In these instances, Sonometric shall advise the Customer of the Force Majeure and the reason why such Force Majeure has been declared and the extent to which it affects or suspends the performance of the obligations due to the Customer by Sonometric. Sonometric’s shall provide the Customer of such Force Majeure aforesaid by written notification sent by electronic mail or facsimile or by any other written means as may be expedient in the circumstances.

 

20. In the event of the Customer defaulting or otherwise failing to comply with its material obligations in terms of any contract concluded between itself and Sonometric, read with these standard trading conditions, in particular the Customer’s payment obligations to Sonometric, Sonometric shall be entitled to suspend performance of its obligations, and the period of such suspension shall not be held against or count against Sonometric.

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STC’s Sonometric 18 October 2013

 

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