Terms & Conditions

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Western Cape Machinery Solutions – Standard Terms & Conditions of Sale

Last Updated: September 2026

1. Introduction & Application

1.1 These Terms and Conditions (“Terms”) govern all quotations, sales, and deliveries of machinery, heavy equipment components, parts, and services (“Goods”) by Western Cape Machinery Solutions (“the Seller”) to any customer (“the Buyer”).
1.2 By requesting a quotation, issuing a purchase order, accepting delivery, or making a payment, the Buyer unconditionally agrees to be bound by these Terms. Any variations must be agreed to in writing by the Seller.

2. Quotations, Pricing & Availability

2.1 All prices quoted are net and subject to stock availability and supplier price confirmations.
2.2 Quotations are valid for a strict period of 7 (seven) days from the date of issue unless stated otherwise in writing.
2.3 Tax Status: The Seller is currently not registered for Value Added Tax (VAT) with SARS (VAT registration pending). No VAT is currently charged. VAT will be levied at the applicable statutory SARS rate only once the Seller’s VAT registration becomes effective.

3. Payment Terms

3.1 All payments are due on receipt of invoice and must be settled via Electronic Funds Transfer (EFT) into the Seller’s nominated bank account.
3.2 Goods will not be released for collection, dispatch, or loading until the full invoice amount reflects as cleared funds in the Seller’s bank account.
3.3 The Seller reserves the right to cancel any order if payment is not cleared within the specified validity window.

4. Retention of Title & Ownership

4.1 Absolute legal ownership and title of all Goods remain strictly vested in Western Cape Machinery Solutions and shall not pass to the Buyer until the purchase price has been paid in full and received as cleared funds.

5. Logistics, Freight & Passing of Risk

5.1 All Goods are sold on an Ex Works (EXW) basis from the Seller’s designated premises. Delivery and heavy freight transportation are explicitly excluded from the purchase price unless specifically itemised as an inclusive cost on the face of the quotation.
5.2 The Buyer is solely responsible for arranging, securing, insuring, and paying for all rigging, loading, and freight transport.
5.3 The risk of damage, accidental destruction, or loss of the Goods transfers entirely to the Buyer the exact moment the Goods are loaded onto the transport vehicle or collected by the Buyer’s designated courier.

6. Inspection Window & Acceptance

6.1 The Buyer must inspect the Goods immediately upon arrival or collection.
6.2 Any defects, shortages, or transport damages must be reported to the Seller in writing within 3 (three) business days of receipt. If no written complaint is received within this timeframe, the Goods will be deemed fully, irrevocably accepted by the Buyer.

7. Rebuilt & Remanufactured Components Warranty

7.1 Where Goods are explicitly sold as "Rebuilt" or "Remanufactured" (such as planetary powershift transmissions), they are covered by a limited warranty against defects in materials and rebuild workmanship for a period of 6 (six) months or 500 (five hundred) operating hours, whichever occurs first, calculated from the date of collection.
7.2 Mandatory Installation Condition: This warranty is strictly conditional upon the component being installed by a qualified heavy equipment technician. The Buyer must thoroughly flush and chemically clear the machine’s primary hydraulic lines, torque divider/converter, and oil cooling systems to eliminate all pre-existing metal fragments, debris, or contamination before fitting the rebuilt component.
7.3 Failure to provide documented proof of a system flush, or the use of contaminated/incorrect hydraulic fluids, will completely void this warranty.
7.4 Used parts or components sold "As-Is, Where-Is" carry no warranty whatsoever.

8. Limitation of Liability

8.1 The maximum aggregate liability of the Seller for any breach, negligence, or product failure is strictly capped at the actual purchase price paid for the specific unit or component.
8.2 The Seller shall under no circumstances be liable for any consequential, indirect, or incidental damages, including but not limited to: machine downtime, lost site productivity, project penalties, rental machinery costs, operator wages, or third-party mechanical repair labour charges.

9. Governing Law & Jurisdiction

9.1 These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
9.2 The parties consent to the jurisdiction of the Magistrate's Court or the High Court of South Africa (Western Cape Division) for the resolution of any legal disputes arising out of this agreement.