TERMS AND CONDITIONS OF TENDER
1.
1.1 “Tank Mnfrs.” means Tank Manufacturers (Proprietary) Limited trading as Tank Manufacturers.
1.2 “the Purchaser” means title person to whom the quotation referred to in 1.3 is addressed or any other person
indicated on the quotation as being the purchaser;
1.3 “quotation” means the accompanying quotation or if there is no accompanying quotation, then the last dated
quotation from Tank Mnfrs. to the Purchaser;
1.4 “contract” means these conditions as modified or supplemented by any of the special provisions contained in or
attached to the quotation.

2. Tank Mnfrs. sells to the Purchaser who purchases the goods and/or services detailed in the quotation and
otherwise in terms of the contract. Where the Purchaser’s own conditions of purchase conflict with the terms of the
contract, the terms of the contract shall prevail. Any conditions contained in any acceptance or order from the
Purchaser, whether written or oral and whether the same proceeds or follows the quotation shall not apply.

3. The quotation shall remain valid for the period specified therein. Upon request from the Purchaser, Tank Mnfrs.
may grant the Purchaser an extension of the period but in such an event reserves the right to revise prices and
delivery terms.

4. Prices quoted are based on the assumption that the quotation will be accepted as a whole. If the Purchaser
wishes to purchase only a part of the goods/services detailed in the quotation, Tank Mnfrs. shall not be bound
thereby and shall be entitled to revise its prices.

5.
5.1 Delivery shall be made in terms of the quotation subject to the Purchaser timeously carrying out its obligations
and furnishing to Tank Mnfrs. all the necessary information to enable it to carry out the contract.
5.2 Delivery shall be deemed to have been effected by Tank Mnfrs.:
5.2.1 in the case of delivery ex-stores when a copy of the delivery note is signed by the Purchaser or his
representative acknowledging receipt of goods;
5.2.2 in the case of delivery offered F.O.R. Johannesburg, either,
5.2.2.1 when a rail consignment note is stamped by the South African Railways accompanied by one detailed
delivery note; or
5.2.2.2 when a parcel post receipt or other proof of postal dispatch is stamped by the South African Post Office,
accompanied by one detailed delivery note; or
5.2.2.3 when any airway bill is stamped by an air carrier accompanied by one detailed delivery note;
5.2.3 in the case of delivery offered F.O.B. a South African port, on production of an original bill of lading
accompanied by delivery notes;
5.2.4 in the case of delivery offered C.I.F. to Purchaser’s port of entry ex South African port, as per above, but with
bill of lading endorsed “freight paid”.
5.3 Notwithstanding the provisions of clause 10, the risk in the goods sold shall pass from Tank Mnfrs. to the
Purchaser upon delivery.

6. The full contract price will be payable to Tank Mnfrs. free of exchange and without deduction from any cause
whatsoever by the Purchaser in accordance with the contract. Unless otherwise stated the price quoted in the
quotation is in S.A. Rands and is based as at the date thereof on the cost ruling with regard to wage rates, cost of
materials, freight, applicable insurances, coastal and landing charges, customs, dock and import duties, sales tax,
cartage and railway, rates of exchange and all other such similar factors, but if after the date of the quotation
(whether before or after the placing of the order) there shall be any increase in the cost to Tank Mnfrs. of any of the
items in this clause, then such increase shall be for the Purchaser’s account and the contract price shall be
increased accordingly. All payments shall be made free of exchange and without deduction for any cause
whatsoever. Any overdue amounts shall bear interest at a rate equal to 2% above prime overdraft rate from time to
time charged by the bankers of Tank Mnfrs. to its best customers.

7. Tank Mnfrs. reserves the right to make any reasonable change to the design or form of any goods ordered during
lhe execution of the contract provided the performance and quality of the goods remains unaffected.

8. Whilst Tank Mnfrs. will make every endeavour to fulfill its obligations Tank Mnfrs. shall however, not be liable for
any penalties, damages or loss, liquidated, consequential or otherwise, whether caused by Tank Mnfrs. neglect or
howsoever otherwise, unless any such liability may have been specifically accepted by Tank Mnfrs. in the quotation.
Late delivery shall not invalidate the contract or entitle the Purchaser to cancel same.

9. Without derogating from the generality of the provisions of clause 8 above, Tank Mnfrs. shall not be liable for any loss or
damages whatsoever caused resulting from events over which it has no control. Such events shall include, but not be limited to,
acts of God or Government, wars, strikes, lockouts, civil commotion, embargoes, sanctions, epidemics, shortages, delays or
damage or loss during transit.

10. All goods delivered by Tank Mnfrs. in terms of the contract shall remain the absolute property of Tank Mnfrs. until such time
as the Purchaser shall pay Tank Mnfrs. all amounts invoiced for such goods. Tank Mnfrs. further reserves the right at its
discretion to repossess any goods for which full payment has not been received.

11. All descriptive illustrations, shopping specifications, drawings, dimensions or weights submitted in or with the quotation are
given in good faith, are approximate only and shall not form part of the contract unless specifically confirmed in the quotation or
in the special condition

12. In the event of Tank Mnfrs. manufacturing or supplying goods to a Purchaser’s specifications and/or drawings or executing
work in accordance with the Purchaser’s instructions or those of his advisers, Tank Mnfrs. shall not be responsible for the
goods so supplied.

13. This contract is for the supply of the goods and/or the performance of the services herein specified and the cost of any
materials supplied or work performed in addition to that contained in the quotation whether same is necessary by the order or
requirements of any Government or Municipal or other authority or for any other reason, same shall be added to the contract
price and paid for by the Purchaser accordingly.

14. If, within five working days after arrival of the goods at the Purchaser or his nominee’s premises or at site no written claims
are received by Tank Mnfrs. regarding the quantity of goods received, the quantities will be deemed to be correct and in
accordance with the documentation evidencing such delivery.

15. The Purchaser shall be required to enter into a separate contract with Tank Mnfrs. where any maintenance is required.
Failing such contract, Tank Mnfrs. shall not be responsible for any maintenance whatsoever.

16. The Purchaser undertakes to provide free of charge services which are essential for the completion of the contract. These
services shall include a provision for water, electricity and a telephone service.

17. All drawings, plans, calculations and other documents of a technical nature shall be and remain the sole and exclusive
property of Tank Mnfrs. and the Purchaser undertakes not to use, reproduce or transmit or communicate to any third party,
directly or indirectly, any of such documents or the contents thereof without the prior written consent of Tank Mnfrs.

18. Should the Purchaser at any time:
18.1 fail to make payment of any money payable to Tank Mnfrs. in terms of the contract on due date; or
18.2 breach or fail to comply with any provision of the contract and fail to remedy any such breach or failure within seven days
of the despatch by registered post of written notice from Tank Mnfrs. calling upon the Purchaser to remedy such breach or
failure; or
18.3 being an individual, surrenders or makes application for the surrender of his estate or is sequestrated (whether
provisionally or otherwise):or
18.4 being a company, is placed in liquidation or under judicial management (whether provisionally or otherwise) or passes any
resolution for its winding up; or
18.5 being either a company or an individual:
18.5.1 compromises or attempts to compromise with any creditor; or
18.5.2 commits any act of insolvency; or
18.5.3 fails to satisfy any judgement against it within ten days of the granting thereof,
then in such event, Tank Mnfrs. shall be entitled, but not obliged to cancel the contract forthwith without any notice to the
Purchaser and without prejudice to any other rights which it may have in law, and again without prejudice to any rights which it
may have in law to claim from the Purchaser all damages which it may have suffered or sustained as a result of, or in
connection with, such premature cancellation of the contract.

19.1 Tank Mnfrs. shall be entitled, but not obliged, to require that any question, dispute or difference between the parties as to
the meaning or interpretation of any provision thereof or as to the carrying into effect thereof or as to any other matter or issue
arising out of or connected with or incidental to the contract, be submitted to and determined by arbitration in accordance with
19.2. The Purchaser accordingly agrees and undertakes that it will not institute any proceedings whatsoever in any court in
regarding of any issue or matter in relation to the contract unless the Purchaser has stated in writing that it does not require the
matter or issue to be submitted to and determined by arbitration.
Tank Mnfrs. however, in its absolute discretion, shall be entitled at any time to institute any proceedings in any court of
competent jurisdiction in respect of any matter or issue in relation to this contract:
19.2 The arbitration shall be held:
19.2.1 in Johannesburg
19.2.2 informally and on the basis that in so far as possible the arbitration shall be completed within fourteen days after it has
been demanded.
19.3 The arbitrator shall be a person mutually agreed to by the parties and failing such agreement, a qualified engineer with
practical experience in the branch of engineering concerned to be nominated by the President of lhe South African Institute of
Mechanical Engineers.
19.4 The decision of the arbitrator, who shall have power to make an award in respect of costs, shall be final and binding.
Should any difficulty be experienced in reading the above Terms and Conditions, please request an enlarged copy of same in
writing.