Shipping Policy

Shipping terms and conditions of sale and delivery of Flecto Sense (Pty) Ltd.

Terms and Conditions can also be view in our General Terms of Service

1. Delivery

1.1. Delivery shall be ex works.
1.2. The Purchaser shall bear the transport risk, also in the case of carriage-free delivery.
1.3. A handling fee of EUR 40.00 shall be charged in respect of all orders for less than EUR 350.00.
1.4. In the event of changes being requested by the Purchaser in respect of customised products already in progress: :
1.4.1. More than 10 working days prior to date of dispatch: Flecto Sense will apply an alteration/cancellation fee of 150 EUR per cancellation.
1.4.2. 0-10 working days prior to date of dispatch: No alteration or cancellation is possible (except for return fee model cf. clause 10).
1.5. The product may be subject to export controls and the delivery is therefore conditional upon the issuance of the required export authorisation.

2. Packaging

2.1. All prices shall be exclusive of packaging.
2.2. Packaging material debited to the Purchaser shall be credited if returned in undamaged condition within fourteen (14) days of receipt. Any extension of the deadline for returning packaging material shall be subject to written acceptance by Flecto Sense (Pty) Ltd.

3. Time of delivery

3.1. All delivery times indicated shall be approximate times of delivery for the product unless Flecto Sense (Pty) Ltd has accepted a specific time of delivery.
3.2. Where Flecto Sense (Pty) Ltd fails to effect delivery at the agreed time of delivery, the Purchaser shall submit a written demand for delivery to Flecto Sense (Pty) Ltd. The Purchaser shall be entitled to assert remedies for breach in the event of late delivery only where Flecto Sense (Pty) Ltd fails to effect delivery within fifteen (15) days from the Purchaser having submitted such demand for delivery.
3.3. The Purchaser shall be entitled to cancel the contract for the relevant delivery where Flecto Sense (Pty) Ltd fails to effect delivery within fifteen (15) days of the Purchaser having submitted its demand for delivery if the delay is material based on a specific assessment. The Purchaser shall not have access to any other remedies for breach in the event of the delayed delivery.
3.4. Flecto Sense (Pty) Ltd shall not be liable for any non-performance of its obligations where such non-performance is due to circumstances beyond Flecto Sense (Pty) Ltd's control and which prevent performance, including, for example, war, mobilization, riots, civil unrest, supplier failure, government intervention or intervention by local authorities, strike, blockade or lockout, product shortage due to allocation, import or export bans, natural disasters, fire or other circumstances.

 

4. Duty to complain and duty to inspect

4.1. The Purchaser undertakes to inspect the products delivered immediately on receipt to ensure:
4.1.1. that the number of items received is as agreed;
4.1.2. that the description on the packaging is as agreed; and
4.1.3. that no visual damage has been caused to the products delivered and that the products delivered are not defective or non-conforming in any way
4.2. Any complaint made pursuant to Clause
4.1.1 shall be made immediately. Complaints made pursuant to Clauses
4.1.2 and 4.1.3 shall be made within seven (7) days of the receipt of the products delivered; however, the Purchaser shall immediately complain about damage in transit to the carrier by way of a note to this effect on the transport document. The Purchaser shall not be entitled to set up claims at a later date in respect of any such defects or non-conformities as should have been found by inspection in compliance with the duty to inspect provided for in Clause 4.1.
4.3. Other than the provisions set out in Clause 4.1, the Purchaser shall be obliged to complain about any defects or non-conformities found in products delivered without undue delay after the Purchaser has detected or ought to have detected such defect or non-conformity.