Where these conditions are attached to a tender, the word “Contract” refers to the term of the tender and of the agreement, if the tender is accepted.

These conditions shall apply to all contracts entered into by any business unit of FloSolve, a member of the Hudaco Group, hereafter referred to as FloSolve, for the supply of equipment, provision of services, etc. Where the work is carried out by subcontractors of FloSolve, then the term “FloSolve personnel” shall include both FloSolve personnel and subcontractors of FloSolve, and “FloSolve workshop” shall refer to both FloSolve workshops and the workshops of its subcontractors. Any conditions the purchaser may seek to impose shall not override the terms herein, unless expressly agreed to by FloSolve in writing. In such cases, the terms shall only be varied to the express extent agreed upon.

The following conditions apply to all contracts concerning work associated with overhaul, repair, servicing, modification, recommissioning, and examination (hereafter referred to as “work”).

Tenders and quotations are open for acceptance for thirty (30) days from the date hereof. Any acceptance thereafter will be subject to FloSolve’s written confirmation. No order shall be binding on FloSolve unless confirmed and/or accepted by FloSolve in writing.

Every quotation and/or estimate for the work shall be based on current material costs, estimated labour time, etc., including technical documentation, examination reports, and evaluation of measurements related to the order. Any actual cost variations due to labour, transport, materials, imported goods, duties, taxes, exchange rates, or sanctions will be for the purchaser’s account.

Upon request, the purchaser will be advised of examination results before work begins. Any cost estimates are non-binding. If the purchaser opts not to proceed based on the examination, the costs incurred for the examination and any dismantling/reassembly will be charged. Packing material is non-returnable unless otherwise agreed.

If the purchaser sources materials/spares directly (rather than via FloSolve) for repair/maintenance, FloSolve reserves the right to charge up to 10% of the equivalent local purchase price (in ZAR) as a handling fee.

No claim will be valid if import permits are refused, modified, or withdrawn. In such cases, FloSolve will be entitled to payment for completed work and supplies up to that point.

FloSolve reserves the right to determine whether work is carried out on-site or at FloSolve workshops unless otherwise agreed in writing. For on-site work, the purchaser shall provide suitable facilities, including cranes and temporary structures, to FloSolve’s satisfaction.

FloSolve shall examine the object of the work before contracting. If additional labour or materials are required, these will be provided at the purchaser’s cost, unless prior approval was expressly reserved.

Replaced parts will not be returned unless otherwise agreed. The purchaser shall provide all necessary technical documentation, spares, parts, transport, and storage at their own expense if required by FloSolve.

Time shall not be of the essence. No claims for delay, cancellation, or withholding payment shall be valid due to delays caused by force majeure events such as fire, strikes, civil unrest, acts of God, or supplier defaults.

If contract completion is delayed by the purchaser, FloSolve reserves the right to claim for all related costs. FloSolve may invoice as if progress was achieved and apply interest on overdue amounts as outlined in paragraph 11.

Manufacturer guarantees apply as the sole guarantee provided by FloSolve unless otherwise stated. Claims under warranty are subject to manufacturer determination, which shall be final.

FloSolve may repair or replace, at its discretion, any parts it has supplied or fitted under warranty, provided defects due to poor workmanship or materials are reported in writing within the warranty period. Transport, dismantling, and re-fitting costs shall be borne by the purchaser.

The purchaser must maintain the equipment in accordance with original equipment supplier instructions and any FloSolve guidelines.

Warranty on FloSolve workmanship is three (3) months from handover. Warranty on parts manufactured by FloSolve is six (6) months from handover. These may be replaced by product-specific warranty conditions.

FloSolve will not be liable for direct or indirect damages, including late delivery, defective workmanship, or consequential losses, unless otherwise agreed in writing. Claims are limited to repair or replacement at FloSolve’s discretion. Defective parts must be returned at the purchaser’s expense.

FloSolve shall not be liable for personal injury or property damage related to the work. The purchaser must maintain insurance and indemnify FloSolve accordingly. The purchaser is also liable for damages caused by their personnel, or by defective tools or materials provided by them.

Payment is due within thirty (30) days of the statement date, provided adequate credit insurance is available. If not, payment is on a cash-on-collection basis. No deductions or set-offs are allowed. Interest at FNB’s prime overdraft rate plus 2% applies to overdue payments.

The purchaser shall provide necessary credit information to FloSolve or its credit insurers for evaluation.

Prices are ex-works from FloSolve’s Midvaal premises and include VAT as applicable on the date hereof.

Where commissioning is included, it shall be supervised by a FloSolve commissioning engineer unless otherwise agreed. If commissioning is done without FloSolve’s involvement, FloSolve shall have no further obligations under the contract.

Risk passes to the purchaser once goods are declared ready for collection or delivered to site. Delivery to site constitutes contract fulfilment unless written notice is given within seven (7) days. The purchaser bears risk during transport or storage at FloSolve’s facility.

Returned goods are subject to FloSolve’s Stock Return Policy. A 20% restocking fee applies unless FloSolve supplied the incorrect item.

No indulgence or delay in enforcement by FloSolve shall constitute a waiver of rights. These contractual rights are in addition to any legal rights FloSolve may have.

This contract shall be governed by the laws of the Republic of South Africa. The purchaser consents to the jurisdiction of the Magistrate’s Court but FloSolve may pursue claims in the Supreme Court at its discretion.

All intellectual property rights remain the property of FloSolve, even if their use is permitted under the order.