Conditions of Sale

RS Components South Africa Conditions of Sale

All orders are accepted by RS subject to the Conditions of Sale set out below:

1. General

All orders for products and services are accepted by RS Components (S.A.), an external company registered in South Africa under registration number 1996/000489/10 ('RS') subject to these terms and conditions of sale. No other terms will apply to the supply of products or services by RS unless agreed in writing by an authorised signatory of RS or expressly stated otherwise in these terms and conditions of sale. RS may at any time modify these terms and conditions of sale and all orders will be subject to the terms and conditions of sale in force at the time of placing the order. Updated terms and conditions of sale will be published on the www.rsonline.co.za (www.rsonline.co.za) (''Website'), and each time the Customer places an order, it will be deemed to have accepted the amended terms and conditions of sale.

All descriptions of the products and services contained in the RS catalogue or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between RS and the Customer. RS shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products and services in the RS catalogue is not an offer capable of acceptance; it merely constitutes an invitation by RS for the Customer to make an offer to purchase products and services.

Products with the format 25xxxxxxxx are not stocked by RS (Extended Range products). Any clauses in these terms and conditions of sale expressly stated to be in relation to Extended Range products will prevail over any inconsistent provisions elsewhere in these terms and conditions of sale.

2. Prices

The prices of the products and services are as set out on the Website at the date of submission of the Customer's order. Products which are not stocked by RS will be sold at the prices set out in the relevant quotation supplied by RS. All prices exclude VAT, which RS will add at the rate applicable at the date of order despatch. RS reserves the right to change prices without prior notice at any time.

The prices of Extended Range products are as set out on the Website, unless agreed in writing with an authorised representative of RS. Discounts given by RS in relation to RS' standard stocked products or any other RS offer will not apply to Extended Range products. Extended Range products will be invoiced separately from standard stocked products.

3. Ordering

RS reserves the right to decline to trade with any person. In addition, RS may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, facsimile or email. Orders are deemed to have been accepted by RS unless RS declines such order within 10 days of receipt.

RS executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when RS next has available stock, or be cancelled.

The Customer must submit orders using the RS stock numbers and the priced units used in the RS catalogue (most up-to-date prices are shown on the on-line catalogue on the Website) and must specify which delivery option is required. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 will apply.

RS permits the placement of forward orders (ie ordering a specific quantity of products for delivery over a specified period). Forward orders may be placed over a period of a maximum of 12 months, and may be for a maximum of 12 deliveries within that period.

4. Delivery

RS will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on the Website. Delivery will be made to the Customer's address specified in clause 21, unless otherwise agreed in writing between the parties.

Times and dates for delivery quoted in the RS catalogue or on the Website or by RS' employees are approximate only and RS shall not be liable for any delay in delivery. Time for delivery shall not be of the essence.

If any delivery is late, the Customer must notify RS, and RS will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. RS may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable RS may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.

RS will aim to deliver Extended Range products in accordance with the lead times published for them on the Website. All such lead times are approximate only, and no other delivery options are available for Extended Range products. RS may, following the Customer's order, notify the Customer if RS will be unable to fulfil any order for Extended Range products within that published lead time, and will provide alternative options.

Orders containing Extended Range products might incur additional shipping and handling charges, depending on the value of the Extended Range products ordered. Please refer to the Website for further detail. These shipping and handling charges apply per order, irrespective of the number of Extended Range products ordered, and will be levied against the first delivery of Extended Range products under the relevant order.

The signature of any agent, contractor, sub-contractor or employee of the Customer on RS' official delivery note, invoice or waybill or that of any authorised independent carrier will constitute prima facie evidence of delivery of the products reflected thereon.

5. Inspection, Transit Delays and Non-delivery

The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery or, in the case of clause iv, the due date for delivery, give notice to RS in detail of:

  1. Any defect in the product that is apparent on reasonable examination. In this case RS shall, at RS' discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
  2. Any shortfall in products delivered. In this case RS shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
  3. Any delivery of products not in accordance with the order. In this case RS shall, at RS' discretion, replace the products or refund the purchase price;
  4. Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case RS shall deliver the undelivered products or refund the price of the undelivered products.

If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly.

The remedies set out above are the Customer's exclusive remedies for non-delivery, or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. RS shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.

6. Payment

If RS has not granted credit to the Customer, payment terms are cash or credit card with order.

Credit terms (subject to satisfactory references and at RS' absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product or service within 30 days from statement. Credit facilities may be withdrawn by RS at any time without prior notice to the Customer and RS reserves the right, in its sole and absolute discretion, to alter the credit facilities or to review the extent, nature and duration of such facilities without being obliged to furnish reasons to the Customer.

All payments must be made without any set-off, deduction or counterclaim.

If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:

all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
RS may apply a compensation charge as an estimate of administrative and other wasted costs incurred by RS to the Customer of R500 for outstanding sums up to R9 999; R900 for outstanding sums between R10 000 and R100 000 and R1 300 for outstanding sums of R100 001 or more; and
RS may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate of 2% above the prime overdraft rate published by Absa Bank Limited from time to time.
A certificate signed by any director or manager of RS showing the amount due and owing by the Customer to RS at any given time shall be prima facie evidence of the facts stated therein for the purposes of all legal proceedings against the Customer for the recovery of the said amount including for the purposes of summary judgment or provisional sentence.

7. Passing of Risk and Property

Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products supplied shall not pass to the Customer until full payment of the purchase price has been received by RS (in cash or cleared funds). If the Customer is late in paying any sum to RS, then RS shall be entitled to the immediate return of all products in respect of which ownership has not passed to the Customer. The Customer authorises RS and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by RS shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or RS' right to sue for the whole of the price.

 8. Product and Availability Information

RS reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any RS catalogue.

Unless otherwise confirmed, nothing in any RS catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

9. Warranty

For products purchased from RS: RS warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to RS within 12 months of the original date of despatch, or such other longer period as may be indicated by RS for specific products from time to time in writing.

For calibration services purchased from RS (as referred to in clause 13): RS warrants that if any service is defective, it will, at its option, either re-provide the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product. This warranty is subject to a claim being made in writing to RS within 3 months of the date of delivery of service, or such other periods as may be indicated by RS from time to time in writing.

These warranties shall not apply to any defect which arises from improper use, abuse, failure to follow the product instructions, or any repair or modification made without the consent of RS. The Customer must return or dispose of the products, or make them available for collection by RS, in accordance with RS' instructions and suitably packaged.

The Customer must contact RS to notify RS of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products or services and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, RS may refuse such products and return them to the Customer at the cost of the Customer.

Any products which are replaced by RS shall become the property of RS. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.

The remedies set out above shall be RS' sole liability and the Customer's sole remedy for any breach of warranty.

The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all other warranties, whether express, implied or tacit (whether statutory or otherwise) are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). RS will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on RS by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

10. Limitations of Use

Products sold by RS are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.

11. Limitations and exclusions of liability

RS shall not be liable for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the RS technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.

RS shall not be liable for economic loss, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between RS and the Customer, or of any order accepted by RS; (ii) any duty of any kind imposed on RS by law arising out of or in relation to the contract between RS and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.

If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9, 10 and 11, any liability attaches to RS, RS' liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, delict or otherwise in respect of one or more of (i) any express or implied terms of the contract between RS and the Customer, or of any order accepted by RS; (ii) any duty of any kind imposed on RS by law arising out of or in relation to the contract between RS and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to R100,000 or the total value of the order, whichever is greater.

Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of RS for death or personal injury caused by the negligence of RS or its employees, agents or sub-contractors, or for fraud.

12. Cancellations and Returns

The Customer may not cancel orders once accepted by RS. RS may, at its discretion and in writing, allow an order to be cancelled subject to RS recovering from the Customer the costs incurred by RS. In the event of cancellation of part of any order only, RS may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.

The customer may only return products to RS, and receive a credit or refund, on the following conditions:

  1. The Customer must contact RS prior to the return of any products and obtain the prior consent of RS and obtain a returns number (to be quoted on all returned paperwork);
  2. Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to RS in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to RS adequately packed and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, RS Components (S.A.), 20 Indianapolis Street, Kyalami Business Park, Kyalami; using the address label available on the Website;
  3. The Customer must follow any specific instructions which appear in the RS catalogue or with any product regarding its return to RS;
  4. The Customer must quote the invoice details or the RS reference number on the RS Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and
  5. For products returned due to Customer error or no longer required and returned in accordance with i – iii above a handling charge may apply. Details of the handling charges are set out on the Website.

Where the Customer returns products to RS not in accordance with i-iii above (for example, after 30-days from the date of despatch or in an unfit state) RS will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing. Details of the handling charges are set out on the Website.

This returns policy excludes software, calibrated products, production packaging products, non-catalogue products, extended range products, DVDs, videotapes, books, software, outsourced products and specially manufactured products. These products may not be returned except in terms of clause 9.

Products returned to RS are at the Customer's cost and the Customer's risk. RS accepts no responsibility for any loss of or damage to products in transit from Customer to RS or for any items received by RS with them.

13. Calibration services

The calibration service is offered only in relation to certain products. The calibration service is outsourced by RS to an authorised contractor. The charge for the calibration service will be quoted at the time of order.

The calibration service is only available at the time of ordering the product in question, and not at a later date.

The products shall be tested for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to South African national standards. A certificate shall be issued in accordance with the conditions of the accreditation granted by the South African National Accreditation System and each certificate shall be valid for a period of one year after the date of issue.

14. Force Majeure

A force majeure event is any event beyond the reasonable control of RS (including strikes, traffic congestion, the downtime of any external line, or RS' inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If RS is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then RS shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, RS may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

15. Compliance with laws, instructions and warnings

The Customer must, at all times:

  1. comply with all relevant laws, regulations and standards relating to the products, including but not limited to the loading, storage, stacking, handling and use thereof;
  2. comply with the instructions provided by RS in relation to the products and the handling and use thereof;
  3. take proper notice of the warnings provided by RS in relation to any hazards associated with the products or the handling or use thereof;
  4. to the extent applicable, communicate the items listed in (i) to (iii) above to all persons to whom the Customer supplies the goods; and
  5. ensure that the persons referred to in (iv) above undertake to communicate the items listed in (i) to (iii) above to all persons to whom they supply the goods, and so on down the supply chain until the goods reach the end user.

The Customer shall not knowingly sell to any buyer who is on, or who will supply the products to any other person who is on, the US Denials List or any other embargoes or sanctions list.

If the Customer exports the products:

  1. the Customer shall comply with all applicable export controls and shall comply with any applicable RS policy in force from time to time (if there is any conflict between the two, the export controls shall prevail); and
  2. it is the Customer's sole responsibility to ensure that it complies with all laws and regulations applicable to exports.

As far as the law allows, the Customer hereby indemnifies RS against all actions, claims, costs, demands and expenses incurred or suffered by RS arising out of the breach by the Customer of this clause 15.

16. Business rescue

If the Customer is a company, it must notify RS in writing within 2 days of the occurrence of the following events:

  1. when its board of directors becomes aware that the Customer is Financially Distressed;
  2. when its board of directors contemplates, considers, discusses or agrees to the Business Rescue of the Customer proposes to do any of the things referred to in this clause 16; or
  3. when it becomes aware of any person proposing to take, or taking, any step to apply to court for the Business Rescue of the Customer.

The written notice must set out the full details of the Financial Distress or the actual or proposed activity contemplated in (ii) and/or (iii) above, as the case may be.

'Business Rescue' bears the meaning assigned to it in section 128(1)(b) of the Companies Act, 71 of 2008, and 'Financially Distressed' bears the meaning assigned to it in section 128(1)(f) of that Act.

17. Breach

If the Customer breaches any obligation owed by it to RS whether under these terms and conditions of sale or otherwise and fails to remedy such breach within 7 days of receipt of written notice from RS requiring it to do so, RS shall be entitled, without prejudice to any other remedies to which it may in law be entitled, to:

  1. claim immediate payment of all amounts payable by the Customer to RS notwithstanding that such sums would not otherwise be due until a later date;
  2. suspend performance of any obligation owed by it and to claim any additional costs and expenses incurred by it as a result thereof;
  3. cancel the contract; and/or
  4. to retain, as a penalty, all amounts paid by the Customer or alternatively to claim such damages as it may have suffered.

The Customer shall be liable to pay all expenses and legal costs, including attorney and client costs and collection commission, which RS may incur in taking any steps pursuant to any breach of these terms and conditions of sale by the Customer.

In addition to any and all other legal remedies available to RS in law, RS may immediately cancel this contract or any other contract between the parties with no notice to the Customer if the Customer:

  1. delivers a written notice referred to in (i) of clause 16 to RS;
  2. becomes Financially Distressed, or any person undertakes or proposes any activity contemplated in (ii) or (iii) of clause 16;
  3. is liquidated (provisionally or finally, voluntarily or compulsorily);
  4. effects a general compromise or any other arrangement with its creditors; and/or
  5. suffers any judgment to be granted against it and fails to meet the judgment, or take steps to set it aside or rescind it, within 30 days of it being granted.

18. Intellectual property rights

The Customer acknowledges that RS is the owner or licensor of the intellectual property rights in the RS website, RS catalogues, the catalogue content and the stock numbers, and that their whole or partial reproduction without RS' prior written consent is prohibited.

19. Data Protection and Customer Information

RS is part of an international group of companies owned by Electrocomponents plc. Any member of this group may keep and use personal details of the Customer and its employees for the purposes of providing products and services to the Customer. In addition RS may disclose the Customer's and its employees' details to organisations working on behalf of RS anywhere in the world (for example, credit reference agencies, mailing houses and call centres) for the purpose of proper fulfilment of RS' obligations under these terms and conditions of sale.

RS may send to the Customer and its employees details of other products and services offered by its group that may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should contact the RS Marketing Department either in writing at PO Box 12182, Vorna Valley, 1686, by fax on +27 86 216 8272, by telephone on +27 11 691 9300 or by e-mail at database.za@rs-components.com.

The Customer agrees that RS may use the name of the Customer by disclosing it to certain RS suppliers for market research and commission purposes.

20. Law and Jurisdiction

The contract between RS and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and the Customer submits to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg.

21. Domicilia

The Customer nominates as its domicilium citandi et executandi the following physical address for the service upon it of process, and the following physical address, fax number and e-mail address for the service upon it of all notices, in connection with these terms and conditions of sale:

RS nominates the following address as its domicilium citandi et executandi for the service upon it of all process, and the following physical address, fax number and e-mail address for the service upon it of all notices, in connection with these terms and conditions of sale:

20 Indianapolis Street, Kyalami Business Park, Kyalami, South Africa

Fax: +27 86 216 8165

E-mail: notices.za@rs-components.com

The notice shall be deemed to have been duly given:

  1. 5 Business Days after posting, if posted by registered post (airmail, if available) to the Party's address;
  2. on delivery, if delivered to the Party's physical address between 08h30 and 17h00 on a Business Day (or on the first Business Day after that if delivered outside such hours);
  3. on despatch, if sent to the Party's then fax number or e-mail address between 08h30 and 17h00 on a Business Day (or on the first Business Day after that if despatched outside such hours);

unless the addressor is aware, at the time the notice would otherwise be deemed to have been given, that the notice is unlikely to have been received by the addressee through no act or omission of the addressee.

A party may change that Party's address, fax number or e-mail address for this purpose to another physical address in the Republic of South Africa by notice in writing to the other Party, such change to be effective only on and with effect from the 7th day after the giving of such notice.

Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a party shall be an adequate written notice or communication to that Party notwithstanding that it was not sent to or delivered at that Party's chosen address.

22. Miscellaneous

Each provision of these terms and conditions of sale, and each part of any such provision, is separate and severable from the others. To the extent that any provision in these terms and conditions of sale, or any part of such provision ('Severed Provision or Part') is, becomes or is declared by a court of competent jurisdiction or other competent authority to be unlawful, invalid or unenforceable for any reason or in any jurisdiction, then it will, to the extent that it is unlawful, invalid or unenforceable, be severed from these terms and conditions of sale and treated as if it had not been written (ie pro non scripto), without invalidating or affecting the enforceability of the remainder of such provision or the remainder of these terms and conditions of sale.

The use of any expression covering a process available under South African law shall, if the Customer is subject to the law of any other jurisdiction, be interpreted in relation to the Customer as including any equivalent or analogous proceeding under the law of such other jurisdiction.

The rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class (ie the eiusdem generis rule) shall not apply, and whenever the word "including" is used followed by specific examples, such examples shall not be interpreted so as to limit the meaning of any word or term to the same genus or class as the examples given.

No contract varying, adding to, deleting from or cancelling these terms and conditions of sale, and no waiver of any right under these terms and conditions of sale, shall be effective unless reduced to writing and signed by or on behalf of the parties.

The grant of any indulgence, extension of time or relaxation of any provision by a party under these terms and conditions of sale shall not constitute a waiver of any right by the grantor or prevent or adversely affect the exercise by the grantor of any existing or future right of the grantor.

A party may not cede any or all of that party's rights or delegate any or all of that party's obligations under these terms and conditions of sale without the prior written consent of the other party.

These terms and conditions of sale are governed and interpreted in accordance with the laws of the Republic of South Africa and for this purpose the parties consent to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg.

23. Consumer Protection Act

Nothing in these terms and conditions of sale:

  1. limits or exempts RS from any liability (including liability for any loss directly or indirectly attributable to RS' gross negligence or that of any person acting for, or controlled by, RS) to the extent that the law does not allow this; or
  2. requires the Customer to assume risk or liability for this kind of loss to the extent that the law does not allow this.

If these terms and conditions of sale, and/or any products and/or services provided under these terms and conditions of sale, is regulated by the Consumer Protection Act, 68 of 2008, as amended, it is not intended that any provision of these terms and conditions of sale contravenes any provision of that Act. Therefore, all provisions of these terms and conditions of sale must be treated as being qualified, to the extent necessary, to ensure compliance with the provisions of that Act.

RS, RS logo , 'Do great things', PurchasingManager® and the symbol Trademarkare trademarks of RS Components Limited. Electro An Electrocomponents Company

Annexe A Additional terms and conditions for export customers

The terms contained in this annexe are in addition to those contained in the standard terms and conditions of sale to which this annexe is attached. In the event of any conflict between the standard terms and conditions of sale and this annexe, the provisions of this annexe shall prevail.

1. Ordering

All orders must be submitted to RS in writing by post, fax or e-mail and such orders must include full instructions regarding transportation (including mode of carriage) and the country of final destination.

2. Price

All prices exclude:

  1. packaging;
  2. transportation;
  3. insurance;
  4. VAT (if applicable); and
  5. all other duties, taxes, dues, levies or charges imposed in connection with the products by the South African authorities and/or the authorities in any country to which the products are to be transported; and
  6. the fees of any Chamber of Commerce and/or any consular fees of the country to which the products are to be transported,

for which the Customer is solely responsible.

In instances where the parties agree in writing that RS shall be responsible for the export of the products, VAT will not be charged. In all other instances VAT will be charged notwithstanding that the products may subsequently be exported.

3. Payment

Payment terms are cash or direct deposit with order, bank draft or bank guaranteed cheque drawn on a South African bank with order, or (subject to RS' prior written approval) confirmed irrevocable letter of credit.

In instances of payment by confirmed irrevocable letter of credit, same must:

  1. be subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision ICC Publication No. 500) as amended;
  2. be irrevocable and opened or confirmed by a recognised South African bank to RS' sole satisfaction;
  3. be expressed to be payable at sight in Rands;
  4. be expressed to allow part shipment;
  5. be expressed to have a validity period of not less than 60 days from date of opening or confirmation;
  6. state that all costs and commissions are for the Customer's account;
  7. conform in all respects to the tender and quotation of RS including with regard to the description of the products, price and delivery terms; and
  8. state the origin of the products to be "various".

4. Delivery

Unless otherwise agreed upon in writing between the parties, delivery shall be in accordance with Incoterms 2010 EXW (20 Indianapolis Street, Kyalami Business Park, Kyalami, South Africa). Where the parties agree that RS shall be responsible for transportation of the products, delivery shall be in accordance with Incoterms 2010 CPT or FCA.

If the Customer does not collect the Products or give RS adequate instructions regarding transportation of the Products from RS' premises, then RS may, without prejudice to any of its other rights or remedies:

  1. arrange transportation of the Products to the Customer's domicilium citandi et executandi by whatever means it thinks most appropriate at the Customer's risk and expense; or
  2. arrange storage of the Products at the Customer's risk and expense; or
  3. by notice in writing, treat the agreement between the parties as repudiated by the Customer.

Additional Information on Services

The following options are available to the Customer. RS' current terms and conditions of sale shall also apply. These options and their terms and prices are subject to change. Whilst RS will try to maintain the prices quoted below, RS reserves the right to change them without prior notice at any time.

The information relates specifically and only to the South African market. Full terms and conditions for export markets are available on request.

1. Ordering

  1. ORDER MULTIPLE – OM: This is the minimum pack size products are available in. Orders must be in multiples of this quantity. The minimum price payable for the product is:

• Price payable = price each x OM

2. Delivery

2.1 NEXT DAY DELIVERY (SOUTH AFRICA ONLY):

RS reserves the right to apply a charge of R95 for all offline orders. Online orders are free of charge when the order value is greater than R1000 excl VAT, unless specifically communicated differently online.

RS aims, but does not guarantee to deliver products the next working day when available from local stock. Stock not held locally will be available within 4 – 6 working days from date of order unless an extended lead time applies.

Details of order cut-off and expected delivery times are given in Table 1. No deliveries will be made on Saturdays, Sundays or public holidays unless it is specifically arranged and the relevant surcharges are agreed to. Delivery times are approximate only.

Table 1: Information on Order cut-off and Delivery times.

Delivery Service

Days Delivery Available

Order Placement Cut-off Time for same day despatch

Expected Order Delivery Time

Online delivery charge excluding VAT*

Offline delivery charge excluding VAT**

Mon-Fri

Mon-Fri

Mon-Fri

Mon-Fri

Next day major and metropolitan city delivery

Monday - Friday

4.00pm

Next working day by 12.00 pm

FREE*

R 95

Next day regional cities

Monday - Friday

4.00pm

Next working day by 17.00 pm

FREE*

R 95

*Delivery charges of R95 excl. VAT applicable for online orders less than R1000 in value excl VAT.
**Delivery charges for offline orders of any value

2.2 DANGEROUS GOODS:

Products classified as hazardous / dangerous, including batteries with special transport requirements, will be delivered within 3 – 5 working days subject to local stock availability. Charges as per section 2.1 apply.

2.3 TRADE COUNTER COLLECTION:

Locally stocked products are available for collection from the RS Trade Counter in Johannesburg between 08:00 and 17:00 on weekdays and between 08:00 and 12:00 on Saturdays. When collecting from the RS Trade Counter an official purchase order and proof of identity must be presented.

2.4 EXTENDED RANGE PRODUCTS:

All orders containing Extended Range products are subject to additional shipping and handling charges quoted at the time of the order. RS aims to deliver Extended Range orders in 14 - 16 days, subject to stock availability.

2.5 FORWARD ORDERS:

Forward Orders are limited to a 12 month period from the date of the order and to a maximum of 12 deliveries within the 12 month period.

2.6 EXPORT ORDERS AND COLLECTIONS:

All goods purchased and collected for export will be subject to international export regulation as well as the relevant South African legislation.

Export delivery and contract terms will be agreed at the time of the order being placed.

3. Methods of Payment

RS offers an RS account to qualifying customers on 30 day terms as the preferred transaction method. RS account payment can be made by electronic fund transfer (EFT) or cheque

Online payment may be made by credit card. Cash can be accepted at the RS Trade Counter.

4. Returns / handling charges

The handling charge for returns which are made in accordance with the returns policy set out in RS' current terms and conditions of sale is 20% of the invoice value or a minimum of R100. Returns not made in accordance with the RS returns policy will only be accepted at RS's discretion and subject to reprocessing costs as indicated in our general terms and conditions.

5. Calibration

CALIBRATION OF NEW INSTRUMENTS:

RS will arrange the calibration of new products to the required standard on request. Such calibrated products are despatched in 10 days from the date of the order subject to stock availability. The price of calibration is quoted on request as well as the lead time that can be expected for the calibration service to be completed. Calibrated products are not available for immediate collection from the RS Trade Counter.

Re-calibration and repair of products will be referred to a local repair and calibration service provider.

Re-calibration and repair of products will be referred to a local repair and calibration service provider.

RS accepts no liability if it fails for any reason to advise the Customer of any due calibration. RS further accepts no liability related to referring the request to a 3rd party calibration and repair centre.

Send all enquiries about repair or calibration to sales@rs-components.com or call +27116919300 and ask for repair and calibration assistance.

6. Quality Conformance

A statement of quality conformance is provided for all Products, on the delivery note. Where these fall within the scope of RS' certification to ISO9001:2008, the statement will be in accordance with the conditions of registration. The statement does not provide batch or lot traceability.

7. Ozone Friendly

Aerosols marked with the green ozone friendly flag do not contain CFC's (chlorofluorocarbons), HCFC's (hydro-chlorofluorocarbons) or solvents known to damage the ozone layer.

Registered office: RS Components South Africa Limited, 20 Indianaolis Street, Kyalami Business Park, Midrand, 1686, tel: +27116919300, Fax: +27114621577. Registered No. 1996/000489/10. VAT Registration No. 4190154817.

© RS Components Ltd 2012.

RS, RS logo , 'Do great things', PurchasingManager® and the symbol Trademarkare trademarks of RS Components Limited. Electro An Electrocomponents Company