This policy applies to the processing of personal data in manual and electronic records kept by EHL Engineering Group as described below. It also covers the Company’s response to any data breach and other rights under the Protection of Personal Information Act (POPIA).
This policy applies to the personal data of job applicants, existing and former employees, apprentices, volunteers, placement students, workers and self-employed contractors. These are referred to in this policy as relevant individuals.
Information that relates to an identifiable person who can be directly or indirectly identified from that information.
Personal data which relates to an individuals health, sex life, sexual orientation, race, ethnic origin, political opinion, religion and trade union membership. It also includes genetic and biometric data (where used for ID purposes).
Data which relates to an individual’s criminal convictions and offences.
Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(POPIA) Protection of Personal Information Act
All employees of EHL Engineering Group are required to comply with their obligations under the POPIA, in relation to data/information about other employees. Employees in positions that require use of data/information about employees will be given separate specific guidance on these obligations. Employees must ask the Information Officer if they are unsure of their obligations.
If any employees fail to comply with these obligations, their failure will be regarded as serious misconduct under the Company’s disciplinary procedure.
This policy should be read in conjunction with the following policies and procedures: · Disciplinary Code and Procedure (PR-HUM-004) · Data Protection and Privacy Policy (PO-POPIA-001)
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and EHL Engineering Group of Companies ("Company", “we”, “us”, or “our”), concerning your access to and use of the following websites: Referred to in this document as the Site, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use and the purpose you were given access to the sites for. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorised purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: · View, download or access any information you have not been given permission or the access rights to. · Distribute any personal information contained in the Sites without the consent of the individual or Information officer. · Give yourself access to any portion of the Sites that have not been assigned to you be the Information Officer by any means. · Take screenshots or record any sessions whereby information is shared by someone having access to information which you do not have access to. As a user of the Sites you agree to: · Ensure that your personal information is correct and up-to-date
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to documentation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that: · The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. · You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use. · You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. · Your Contributions are not false, inaccurate, or misleading. · Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. · Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us). · Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. · Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. · Your Contributions do not violate any applicable law, regulation, or rule. · Your Contributions do not violate the privacy or publicity rights of any third party. · Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. · Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. · Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. · Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in South Africa. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in South Africa, then through your continued use of the Site, you are transferring your data to South Africa, and you agree to have your data transferred to and processed in South Africa.
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms shall be governed by and defined following the laws of South Africa. EHL Engineering Group and yourself irrevocably consent that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the South Africa courts. EHL Engineering Group shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In interpreting Purchase Orders the following words or expressions shall have the meanings assigned to them unless the context clearly indicates differently:
“GOODS” shall mean all materials (including where applicable design), items or goods to be supplied in terms of the ORDER placed.
“ORDER” shall mean PURCHASER’s official Purchase Order issued on the VENDOR to which these general as well as special, additional or amended Terms and Conditions of Purchase are referenced or annexed, which constitutes the agreement between the VENDOR and the PURCHASER. “PARTY” or “PARTIES” shall mean the VENDOR and/or the PURCHASER as the case may be.
“PURCHASER” shall mean the Company placing the ORDER, and its successors in title and assigned.
“SERVICES” shall mean a specific service to be rendered or performed in terms of the ORDER placed.
“VENDOR” shall mean the person, firm or company with whom the Order is placed and named in the ORDER including any sub-VENDOR, and their successors in title.
The various sections of the ORDER shall be comparatively interpreted in accordance with the following order of priority:
The ORDER and attachments to the ORDER;
Special, additional and amended Terms and Conditions included in the ORDER;
The EHL Terms and Conditions of Purchase FO-PCM- 007 Rev. 02.
The ORDER constitutes the entire agreement between the PURCHASER and the VENDOR and may only be amended by written agreement signed by both PARTIES. The ORDER supersedes all enquiries, proposals, agreements, negotiations and commitments and alike, whether oral or in writing, prior to the issued ORDER.
The VENDOR shall acknowledge receipt and acceptance of the ORDER and these Standard Conditions of Purchase within two business days (or such extension of time agreed between the PARTIES) of receipt of the ORDER by the PURCHASER, failing which the VENDOR shall be deemed to have accepted the ORDER in its entirety.
The VENDOR shall not cede, assign or make over the ORDER or any part thereof.
The VENDOR is responsible for the execution of the ORDER in the precise terms and scope stipulated by the PURCHASER in the ORDER and the PURCHASER will not be obliged to accept or pay for any GOODS or SERVICES supplied/rendered or performed otherwise than strictly in accordance with the ORDER. Notwithstanding any other clause, should the VENDOR fail to comply with any provisions of, or conditions of the ORDER, the PURCHASER may, notwithstanding any other right it may have at law, suspend all payments due to the VENDOR until such is
fully complied with. Should GOODS or SERVICES be delivered to a particular Mine site, it is the responsibility of the VENDOR to familiarize themselves with the Safety, Health and Environmental (SHE) rules of the Mine, and to fully obey such rules. The VENDOR hereby indemnifies the PURCHASER against any cost, delays, losses or damages as a result of the VENDOR’S non-compliance.
The VENDOR shall keep and hold secret and confidential all information (written or oral), plans, patterns, drawings or designs supplied by the PURCHASER or otherwise to the VENDOR in connection with the ORDER. All such information, plans, patterns, drawings and designs shall remain the property of the PURCHASER and any information derived there from or otherwise communicated to the VENDOR will be treated and held strictly confidential and shall not, without the prior written consent of the PURCHASER, be published or disclosed to any third party or made use of by the VENDOR except for the purpose of executing the ORDER. Unless otherwise agreed in writing, such information, plans, patterns, drawings or designs shall be returned by the VENDOR to the PURCHASER at the same time as the GOODS or SERVICE, covered by the ORDER, are delivered/rendered. The rights and obligations herein shall survive the ORDER and shall continue in full force and effect for a period of ten years from the completion date or termination of the ORDER.
The PURCHASER shall have the right, but not the obligation, to inspect or to arrange for the inspection of any GOODS before dispatch from the VENDOR’s or manufacturer’s premises. However, inspection shall not relieve the VENDOR from any responsibility or liability or such guarantees as may be arranged or be interpreted so as in any way to imply acceptance of the GOODS.
The PURCHASER shall have the right, but not the obligation, to use any means it sees fit at any time:
to satisfy itself that the correct materials are being or have been used in the manufacture of the GOODS; and
to inspect the GOODS at any stage of the manufacture.
The PURCHASER shall have the right, but not the obligation, at any time:
to require any amendment or alteration to the GOODS;
to reject the GOODS or any part or parts thereof in the event that the PURCHASER considers in its sole discretion that any inspection as described above reveals that the GOODS do not or are not likely to comply with the ORDER.
The PURCHASER shall have the right, but not the obligation, to inspect or to arrange for the inspection of the performance of any SERVICES before the completion of such SERVICES. However, such inspection shall not relieve the VENDOR from any responsibility or liability or such guarantees as may be arranged or be interpreted so as in any way to imply acceptance of such SERVICES.
The PURCHASER shall have the right, but not the obligation, to use such means it sees fit at any time to satisfy itself that the SERVICES have been or are being correctly performed.
The PURCHASER shall have the right, but not the obligation, at any time:
to require any amendment or alteration to the SERVICES;
to reject the SERVICES or any part or parts thereof in the event that the PURCHASER considers in its sole discretion that any inspection as described above reveals that the SERVICES do not or are not likely to comply with the ORDER.
The VENDOR hereby guarantees the GOODS or SERVICES supplied/rendered in terms of the ORDER for a period of 1 (one) calendar year from the date of delivery of the GOODS or SERVICES as evidenced from the relevant Proof of Delivery or Job Card. The VENDOR shall be liable for the repair or replacement of any defective GOODS or re-do of a SERVICE, as the PURCHASER shall in its discretion decide. A defect contemplated hereunder shall include the inability of any GOODS or SERVICES in question to comply with any particular performance criteria. Should the VENDOR not immediately comply with its obligations hereunder, the PURCHASER shall be entitled to have the defective GOODS repaired or replaced by another vendor at the cost of the VENDOR or have the SERVICE rendered by another vendor, subject to any other rights the PURCHASER may have in law.
By acceptance of the ORDER the VENDOR indemnifies the PURCHASER and keeps the PURCHASER indemnified against all and any loss, damages, and claims whatsoever arising out of defective design, materials, workmanship, injuries or incidents. The VENDOR shall, by acceptance of the ORDER, be deemed to indemnify the PURCHASER against all and any claims whether for royalties, license fees, damages or other costs due to the use of any materials, devices or process forming the whole of, or incorporated in any GOODS and SERVICES purchased under the ORDER.
ALTERNATIVELY, AND/OR SHOULD THE MAXIMUM PENALTY CAP BE REACHED AS SET OUT IN 11.2 ABOVE
11.3 the PURCHASER shall be entitled, in its sole discretion, to cancel the ORDER forthwith and claim damages suffered by it resulting from such cancellation.
Should the VENDOR fail or neglect to carry out its obligations in terms of the ORDER, or refuse or neglect to comply with any reasonable requirement given to it in writing by the PURCHASER’s representative in connection with the ORDER, or make a material breach of any of the provisions of the ORDER, the PURCHASER’s representative may give notice in writing to the VENDOR to make good the failure or neglect, refusal or breach at the VENDOR’s cost in reasonable time, in the discretion of the PURCHASER. Should the VENDOR fail to comply with this notice, the PURCHASER shall have the right to terminate or cancel the ORDER forthwith by given written notice to the VENDOR.
No charges or costs other than those specified in the ORDER will be paid by the PURCHASER to the VENDOR.
Payment in respect of the GOODS supplied and delivered or the SERVICE rendered in terms of the ORDER, will be made by the PURCHASER to the VENDOR in South African currency. Payment will be conditional upon receipt by the PURCHASER of the VENDOR’s tax invoice in time and made out in the name of the PURCHASER and manner as set out in the ORDER by no later than the 28th day of the month following the month during which the GOODS were delivered and received by the PURCHASER or the SERVICES provided by the VENDOR. The VENDOR will submit detailed invoices which are correct and in acceptable form together with any necessary supporting documents. The VENDOR is to ensure that all invoices comply with the Value Added Tax legislation. Non-compliance by the VENDOR hereof can result in the invoice being returned for correction and therefore unnecessary queries, administration and delay of payment.
The VENDOR shall ensure that the following information reflects on the invoice:
Full name of the VENDOR
The registration number of the VENDOR
The address and telephone numbers of the VENDOR
A main heading: “INVOICE” or “TAX INVOICE”, as the case may be
The VAT registration number of the VENDOR, in the case of a tax invoice
A unique invoice number
The date on which the invoice was prepared or submitted
The period for which SERVICES were rendered and which forms the subject of the invoice
The applicable EHL ORDER number
The PURCHASER reserves the right to request from the VENDOR a breakdown of the invoiced amounts to each category of payment for accounting and payment purposes. The PURCHASER reserves the right to make provisional payments on an invoice in dispute pending reconciliation and audit of the total charges. The PURCHASER shall not be responsible for the payment of any income tax or other taxes levied on the VENDOR or its employees, representatives, agents and alike.
16.1Where the ORDER is for the supply of GOODS only, delivery shall occur when the GOODS have been delivered in good condition at the address stated in the ORDER, at a point stipulated by the PURCHASER’s representative and a receipt thereof has been given by such representative (“Proof of Delivery”). ORDER, at a point stipulated by the PURCHASER’s representative and a receipt thereof has been given by such representative (“Proof of Delivery”).
16.2 Where the ORDER is for the supply of SERVICES, the SERVICES shall be complete when the PURCHASER’s representative signs a job card in relation to those SERVICES (“Job Card”).
Risk in and ownership of the GOODS shall pass from the VENDOR to the PURCHASER upon delivery of the GOODS as set out in 16.2 above.
In this Clause “Force Majeure” means an exceptional event or circumstance which is beyond a PARTY’S control, which such PARTY could not reasonable have provided against before or after acceptance of the ORDER and/or in connection with the ORDER, which having arisen, such PARTY could not reasonable have avoided and overcome, and which is not substantially attributable to the other PARTY.
Upon becoming aware of circumstances giving rise to a breach or likely breach of its obligations because of a Force Majeure event, the PARTY so affected shall as soon as is possible give notice to the other PARTY, providing details of the circumstances and the period they are likely to cause the breach to last.
Upon such notice having been given, the performance of such a PARTY’S obligations shall be suspended during the period that the said event or circumstance persists and such PARTY shall be granted an extension of time for performance equal to the period of delay.
Neither of the PARTIES shall have any claim of any nature whatsoever against the other for any delayed performance or failure to carry out any of its obligations under the ORDER or in connection with the ORDER as a result of a Force Majeure event or circumstance.
If whether before or after acceptance of the ORDER the VENDOR becomes insolvent or bankrupt (whether under provisional or final order) or compounds or makes any arrangement with his or its creditors or being a company goes into liquidation (whether provisional or final) whether compulsory or voluntary (other than voluntary liquidation for the purpose of amalgamation or reconstruction) or if any order relating to judicial management is made in respect of the company or if any receiver or trustee is appointed of the VENDOR’s assets or any part thereof the PURCHASER shall, without prejudice to any other right or remedy which it may have or shall accrue to it and without being liable for any loss, damages or costs whatsoever, be entitled to cancel the ORDER or contract immediately
Any dispute arising out of or in connection with the ORDER which cannot be settled by PARTIES within a reasonable period of time as determined by the PARTIES shall, after notice has been given, be submitted to arbitration in accordance with the Arbitration Act No. 42 of 1965 and under the rules of the Association of Arbitrators of South Africa. Any such proceedings shall take place at an agreed venue in Johannesburg, South Africa. Performance of the ORDER shall continue during such proceedings were deemed reasonably possible by the PURCHASER, unless the PURCHASER orders suspension thereof or part thereof.
The ORDER shall remain in full force and effect until all claims of the VENDOR against the PURCHASER and all claims of the PURCHASER against the VENDOR have been determined and settled.
Any relaxation or indulgence by either PARTY to the other relative to any term or condition of the ORDER shall not in any way prejudice such PARTY’s rights in terms thereof nor be construed as a waiver of same.
The VENDOR, by acceptance of the ORDER, indemnifies and keeps the PURCHASER indemnified against all claims, demands, charges, costs and alike arising from and against all loss or damage suffered or incurred by reason of infringement or alleged infringement of any registered patents, designs, trademarks or copyright or by reason of infringement or alleged infringement of any other rights of third parties resulting from the use by the VENDOR in the execution of the ORDER. The rights and obligations herein shall survive the ORDER and shall continue in full force and effect for a period of ten years from the completion date or termination of the ORDER.
The PURCHASER has the right to cancel the ORDER or part thereof without cause at any time by giving the VENDOR fourteen days’ notice thereof in writing.
All notices and correspondence required in terms of the ORDER shall be in the English language and addressed and provided in writing to the relevant PARTY as set out in the ORDER.
The applicable law to the ORDER will be the Law of South Africa.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
EHL Engineering Group
81 Regency Drive,
Route 21 Corporate Park Pretoria,
Irene 0157
South Africa Phone: (+27)113707400
info@ehl.co.za.