Terms and Conditions

Please read our Terms and Conditions carefully as these become binding once your invoice is processed.

Deliveries and Risk:

  • All deposit cylinders and industrial rental cylinders, remain the property of their respective owners at ALL times and are NEVER sold.
  • Eddlesgas accepts no responsibility for any cylinders that do not belong to us. Any claims will be forwarded to the owners of the cylinder in question.
  • The gas refill (product) remains the property of Eddlesgas until payment has been received in full
  • Eddlesgas reserves the right to refuse replacement of an industrial gas cylinder if a valid rental agreement for that cylinder can not be produced at any time.
  • By signing our branded invoices, the customer confirms that the goods or services on the invoice duly represent the goods or services ordered by the customer at the price agreed to by the customer, and where delivery/ performance has already taken place, that the goods or services were inspected and that the customer is satisfied that these conform in all respects to the quality and quantity ordered AND are free from defects.
  • Any delivery note or waybill (copy or original) signed by the customer or a third party engaged to transport goods held by Eddlesgas shall be conclusive proof that delivery was made to the customer.
  • The risk of damage to, destruction or theft of goods shall pass to the customer on receipt of any order placed in terms of these this agreement.
  • Delivery, installation and performance times given are merely estimates and are not binding on Eddlesgas.
  • All goods taken on an evaluation or consignment basis by the customer are deemed sold if not returned within 30 days of issue in the original condition and packaging and with all accessories, manuals etc.
  • The customer shall return any defective portable goods to the premises of Eddlesgas at the customer’s own cost and packed in the original packaging of the goods and all risks for the duration of the repair remain with the customer.
  • Eddlesgas does not accept any liability for accidental damages caused to property or persons by delivery crews, drivers or vehicles.

Quotations:

  • All quotations are valid for a period of 30 days ONLY, from the date of the quotations.
  • All quotations are subject to the availability of the goods or services and subject to any increases in the cost price, including currency fluctuations, of Eddlesgas before acceptance of the order.
  • Eddlesgas accepts no liability for accidental omissions or genuine mistakes on quotations. All quotes are itemized and it is the customer’s responsibility to check that all items requested are listed on the quotation.

Guarantees and Liability:

  • New goods are guaranteed according to the Manufacturer’s product specific warranties or agreed specification only and all other guarantees including common law guarantees are hereby specifically excluded. Repairs are guaranteed for a period of 3 months against faulty workmanship and parts are guaranteed according to the manufacturer’s product specific warranty.
  • Liability is limited to the cost of the repair or replacement of faulty goods or services or granting a credit at the sole discretion of Eddlesgas.
  • To be valid, ALL claims must be supported by the original delivery note, or invoice.
  • All guarantees are immediately null and void should any goods be tampered with or should the goods be operated or stored outside the manufacturer’s specifications.
  • Any item delivered to Eddlesgas shall serve as a pledge in favour of Eddlesgas for present and past debts and Eddlesgas shall be entitled to retain or realise such pledges as it deems expedient at the value as detemined by Eddlesgas’ records.
  • Under no circumstances shall Eddlesgas be liable for any consequential damage or indirect liability of any nature whatsoever.
  • Under no circumstances shall Eddlesgas be liable for any damage arising from any misuse or abuse of the goods.
  • The customer acknowledges that it will at all times comply strictly with the instructions on the cautionary labels on Eddlesgas products as well as to any instruction booklet or chart issued by Eddlesgas relating to SABS 019-1985 and the Occupational Health and Safety act 85 of 1993 (as amended) as well as to all other legal and Municipal laws and regulations. The customer undertakes the responsibility to make all of its employees handling any Eddlesgas product comply with the same.

Payment:

  • The Customer agrees that the amount contained in an invoice or tax invoice issued by Eddlesgas shall be due unconditionally (a) cash on delivery; or (b) if the customer is a credit approved customer, within the granted credit period as specified on the Application for Credit from the date of an invoice or tax invoice being issued by Eddlesgas.
  • The customer agrees to pay the amount on the invoice or tax invoice at the offices of Eddlesgas or its appointed agents.
  • The risk of payments by post rests with the customer.
  • The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the customer and any such extension will not be applicable or enforceable unless agreed to by Eddlesgas, reduced to writing and signed by the customer and a duly authorised representative of Eddlesgas.
  • The Customer is not entitled to set off any amount due to the customer by Eddlesgas against his debt.
  • The Customer agrees that the amount due and payable to Eddlesgas may be determined and proven by a certificate issued and signed by an independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the customer.
  • Any printout of computer evidence tendered by any party shall be admissible evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the Computer Evidence Act have not been met.
  • The customer agrees that in case of late payment, interest shall be payable to Eddlesgas on the overdue monies which shall be calculated at the prime overdraft rates of Eddlesgas’ bankers plus 5% from the date of invoice.

Remedies:

  • The customer agrees that if an account is not settled in full (a) against delivery; or (b) within the period agreed in this agreement, Eddlesgas is (i) entitled to immediately institute action against the customer at the sole expense of the customer, or(ii) cancel the agreement and take possession of any goods delivered to the customer AND claim damages. These remedies are without prejudice to any other right that Eddlesgas may be entitled to in terms of this agreement on in law. Eddlesgas reserves it’s right to stop supply immediately on cancellation or non-payment.
  • A credit approved customer with forthwith lose his approval when payment is not made according to the conditions of his credit agreement.
  • In the event of a cancellation, the customer shall be liable to pay (a) the difference between the selling price and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of repossessed goods or retained pledged goods shall be deemed to be the value placed on them by any sworn valuator after such repossession, and such valuation shall be conclusive proof of the value. If the goods are not recovered for any reason whatsoever, the value shall be deemed to be nil.
  • The customer irrevocably indemnifies Eddlesgas completely against any damage whatsoever relating to the removal of repossessed goods.
  • In the event of Cancellation, Eddlesgas is entitled to deliver any undelivered balance of a contract and to recover any loss sustained thereby from the Customer.

Ownership:

  • All goods supplied by Eddlesgas remain the property of Eddlesgas until such goods have been fully paid for, whether such goods are attached to other property or not.
  • The customer is not entitled to sell or dispose of any unpaid goods without the prior written consent of Eddlesgas. The customer shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advice third parties of the rights of Eddlesgas in the goods.
  • If any goods supplied to the customer are of a generic nature and have become the property of the customer by operation of law (confusio or commixtio) the customer shall be obliged on notice of cancellation of the agreement to transfer the same quantity of goods in ownership to Eddlesgas.
  • Gas containers and equipment installed at the customer’s site shall not be removed without Eddlesgas’s consent.
  • Any damage to or loss of Eddlesgas cylinders, or those of Eddlesgas’s supply partners, and any equipment will be for the customer’s account at the ruling repair or replacement rate, fair wear and tear excepted.
  • Eddlesgas may periodically audit its assets, and those of its supply partners held by the customer.
  • No compensation is payable in respect of unused gas returned in either cylinders or gas containers.
  • The customer acknowledges that all cylinders and gas containers provided to it by Eddlesgas are for its exclusive use, that it will not sell or lend or part with possession thereof or allow the cylinders or gas containers to be refilled by anyone but Eddlesgas or its appointed agents or use the cylinders or gas containers for any other use than storage or transport of gas obtained from Eddlesgas or its appointed agents.

Legal expenses, indulgences and jurisdiction:

  • The customer shall be liable to Eddlesgas for all legal expenses on the attorney-and-own client scale of an attorney and counsel incurred by Eddlesgas in the event of (a) any default by the customer or (b) any litigation in regard to the validity and enforceability of the agreement. The customer shall also be liable for any tracing collection or valuation fees incurred as well as for any costs, including stamp duties, for any form of security that Eddlesgas may demand.
  • The customer agrees that Eddlesgas will not be required to furnish security in terms on Rule 62 of the Rules of Court of the Magistrate’s Courts or in terms of Rule 47 of the Law of the High Court 59 of 1959.
  • The Customer agrees that no indulgence whatsoever by eddlesgas will affect the terms of this agreement or any of the rights of Eddlesgas and such indulgence shall not constitute a waiver by Eddlesgas in respect of any of its rights herein. Under no circumstances will Eddlesgas be estopped from exercising any of its rights in terms of this agreement.
  • The customer consents to Eddlesgas instituting any action in either the Magistrate’s Court or the High Court at its sole discretion.
  • This agreement and its interpretation is subject to South African Law.

Gas installations:

  • Eddlesgas and its appointed installers may refuse to work on any installation found not to be in compliance with the Occupational Health and Safety Act or SANS10087-1:2013 (Edition 6).
  • All risk of property, including buildings, fittings, counter tops, appliances and other personal property rests with the customer at all times.
  • Eddlesgas can not be held liable for any damages to concealed water lines, electrical cables or any other services concealed in walls or floors, or damages suffered as a result of damage to any of these services.
  • Eddlesgas has the right to remove its gas cylinders or those of its supply partners, from any non-compliant or dangerous installation without compensation, cylinder deposits excepted.
  • All Certificates Of Compliance issued by Eddlesgas or any of its appointed installers are null and void if the installation is modified in any way or if it is repaired or replaced by another gas practitioner.
  • Eddlesgas accepts no responsibility for any work carried out by referred gas practitioners not in the direct employ of Eddlesgas.

General:

  • Any notice shall be deemed duly accepted by the customer (i) within 3 days of mailing by prepaid, registered mail to any of the customer’s business or postal addresses or to the personal address of any Director, member, partner or owner of the customer; or (ii) within 24 hours of being faxed to any of the customer’s fax number; or (iii) on being delivered by hand to the customer or any director, member, partner or owner of the customer.
  • The customer chooses domicilium citandi et exucutandi at the business address or the physical address of any director, member, or owner or partner.
  • Eddlesgas reserves the right to renew its pricing structure in accordance with the market, economic and other relevant circumstances.
  • Eddlesgas may, at its sole discretion, levy charges in respect of copy documentation requested by the customer.
  • An invalidity of any part of this agreement shall not affect the validity of any other part.
  • Any order or supply is subject to cancellation by Eddlesgas due to force majeure including but not limited to inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
  • Any order to supply is subject to cancellation if the customer breaches any of the terms of this agreement or makes any attempt to compromised, liquidation, sequestration, termination or judgement is recorded against the customer or any of its principals.
  • The customer agrees Eddlesgas will immediately and irrevocably be released from any contractual damages and penalty obligations should any event in the previous clauses occur.
  • Unless the context clearly indicates a contrary intention, any expression which denotes (a) any gender includes the other genders; (b) a natural body includes a body corporate and vice versa; (c) the singular includes the plural and vice versa; (d) headings are for convenience only and are not to be taken into account for the purposes of interpretation.

Agreements and Acceptance:

  • The customer agrees that these terms and conditions (a) represent the entire agreement between the customer and Eddlesgas and that no alterations or additions to them may be effected unless agreed to by both parties, reduced to writing and signed by the customer and a duly authorised representative of Eddlesgas. (b) will in the absence of any other agreement, govern all future contractual relationship between the parties; (c) are applicable to all existing debts between the parties; (d) are final and binding and are not subject to any suspensive or dissolutive¬† conditions; (e) any conflicting terms and conditions stipulated by the customer are expressly excluded; (f) supersede all previous terms and conditions of sale without prejudice to any securities or guarantees held by Eddlesgas and (g) apply to all servants and subcontractors of Eddlesgas.
  • These terms and conditions become final and binding on receipt and acceptance by Eddlesgas at its business address.