Commercial Terms

1. Terms and conditions

Quotations are not offers but are invitations to do business with MBC. Our General Conditions of Tender, Contracts of Sale apply to the quote/tender and to any resulting order (Copy available on request ). Placement of an order or acceptance of the goods and/or services supplied by MBC shall be deemed to imply that the Terms and Conditions of Tender, Contract of Sale were read, understood and accepted.

2. Purchase Price

Price quoted are based on current product and supplier prices and can only be held valid for 30 days from date hereof. Thereafter we reserve the right to re-quote you in accordance with any price changes.

Note specifically that prices quoted on imported products or on products that contain imported content (i.e. materials, components, or sub-assemblies) are subject to fluctuations in relevant foreign exchange currencies, until such time as MBC is in a position to secure prices and exchange rates with its suppliers or by means of a forward exchange contract, after an official order together with the payment security referred to in clause 3.2 below have been received by MBC. Any fluctuations in these rates and the effect thereof on shipping, clearing, surcharge and transport between the date of quote and the securing of the price will be for the customer’s account.

MBC’s standard price variation clauses as reflected in its General Conditions of Tender, Contract of Sale will apply unless otherwise expressly stated.

3. Payment

3.1. General

Please note that our terms are 30 Days for the equipment or products ex-works our Cleveland Factory on which basis above equipment were priced unless otherwise expressly stated in a prior written confirmation by a MBC Director.

All prices quoted are nett excluding VAT and statutory charges or duties unless otherwise specified in writing.

3.2. Security

MBC reserves the right to require satisfactory security from the customer for the due performance of any of the customer’s obligations, including but not limited to the payment of the purchase price. MBC may require that the customer shall deliver, at its own cost, confirmed irrevocable Letters of Credit or guarantees by financial institutions acceptable to MBC and upon terms acceptable to MBC. The provision of security will always be a requirement where an order involves imported content or products or is to be exported.

3.3. Exports

In the case of exported equipment or products, payment is due on sight of Shipping Documents, secured by an irrevocable Letter of Credit confirmed by Standard Bank Ltd, on which basis export products are priced. Deviation may affect the price and shall only be entertained upon prior arrangement and written confirmation by a MBC Director.

4. Ownership

Ownership of any goods supplied or installed shall remain with MBC until payment in full has been effected.

5. Delivery

Delivery dates can only be provided at the time of placement of order and the receipt of the relevant security when we have been advised of chassis delivery dates. Please note that your chassis is required at least 3 week/s before the planned/scheduled delivery date.

Whilst every effort will be made to dispatch goods as advised, MBC cannot guarantee dispatch on any specific date as there are many factors affecting delivery that are beyond our control. MBC shall not be liable for any damages or penalties for any delays caused by factors beyond MBC’S reasonable control, including but not limited to inability to secure transport, labour, power, materials and raw materials, component, equipment or supplies or by reason of factory workload, an act of God, war, civil disturbance, riot state or emergency, strike, lockout or other labour disputes, fire, flood, drought,
legislation, international shipping schedules and Port or Custom delays.

6. Warranty

MBC’s standard manufacturer’s warranty shall apply to the products/equipment and will be valid for a period of 12 months from date of delivery. A copy of our Warranty Agreement is available on request. Warranty on the products/equipment is limited to the Warranty Agreement and will inter alia not include liability for damage caused by accident or fair wear and tear or liability for any loss or damages whether direct, indirect, consequential or otherwise.

7. Insurance Cover

Your vehicle and/or equipment will be covered by our insurers only whilst on our premises during the manufacturing cycle. However, whilst off our premises but still under our control our insurers will only insure your vehicles and/or equipment against theft and hijack if fitted with a VESA approved vehicle tracking device. If your vehicles/equipment are not fitted with such a devise please ensure that you have the appropriate insurance cover in place.