Tino: 082 226 4883 | Lynette: 082 437 2734 | Land Line: 021 593 9944 info@sadanhydrauliccentre.co.za


By engaging the services of Sadan Hydraulic Centre or by ordering any goods from us, you agree to the below-mentioned standard terms and conditions, and, you further bind yourself to such terms and conditions in your interactions with Sadan Hydraulics. By continuing to engage the services of Sadan Hydraulic Centre, or by continuing in your business relationship with us, you are deemed to be in acceptance of these terms and conditions.


In these standard terms and conditions, the following words shall bear the meanings assigned to them below:


  • “the Provider” means SHC -SADAN HYDRAULIC CENTRE CC and includes the Provider’s servants and agents and any person or persons carrying any goods forming the subject matter of this contract under and in terms of a subcontract with the Provider.

1.2           “the Customer” or “the Applicant” means you the Customer, or person engaging the services of the Sadan Hydraulics, whether acting on your own behalf or in your capacity as agent or in any other capacity for a third party.

1.3           “the Goods” or “the services” means the goods or services forming the subject matter of your interaction with SHC -Sadan Hydraulic Centre CC.


2.1           Any monies payable to the Provider by the Customer will be in accordance with any written quotation or invoice on an official letterhead of the Provider delivered or transmitted to the Customer, alternatively any monies payable by the Customer to the Provider shall be in accordance with any invoice issued by the Provider to the Customer from time to time. The Provider records that it shall set the Customer’s account to either a 30 day account, current accounts where payments are due at the end of the month in which the invoice is generated, or cash-up-front accounts.

2.2           All quotations will remain valid for a period of 14 (fourteen) days from the date of the quotation, or until the date of issue of a revised quotation, whichever occurs first. The quotation shall become a binding agreement immediately upon the Customer having accepted and signed it, and the Provider subsequently counter-accepting same. Alternatively, the quotation will be deemed to be accepted by the Customer if they accept the terms and amounts of the relevant quote by conduct and the Provider reciprocates said conduct.

2.3           In the event of the Provider being obliged to take out or obtain any licences or permits, or to comply with the requirements of any lawful authority, the Provider shall be entitled to make an additional charge to cover any expenses resulting therefrom not already included in the Provider’s standard tariffs.

2.4           In the absence of any repayment-term provisions to the contrary, payment shall be effected by the Customer in direct bank transfer (EFT), (within 30 days after the date of the Provider’s invoice for the goods/services in question). Interest of 2% per month will accrue on all payments not made on their due date (from the due date to the date on which payment is effected).

                (Note: should cash be used as a method of payment in any respect, the Provider will charge a “cash deposit fee” and/or banking charge fee.

2.5           The Provider shall in its absolute discretion be entitled to appropriate all payments made by the customer towards the payment of any debt or obligation of whatsoever nature owing by the customer to the Provider, irrespective of when such debt or obligation arose.

2.6           The Customer may not raise any claim, dispute or counter-claim as a reason for deferring payment and the customer may not withhold any payment or set off any claim or counter-claim which it may wish to raise against the amount invoiced by the Provider. The Customer agrees that the amount contained in any particular tax invoice issued by the Provider shall be due unconditionally.

2.7           The Provider reserves the right to vary its current prices from time to time, without prior notice, unless such prices are subject to an existing contract. The Provider shall, however, be entitled to increase its prices and recover payment from the customer in respect of any additional amount the Provider has been required to pay in respect of excise duty or any other statutory imposts between the date of acceptance of any order and the date of delivery of the relevant goods to the customer.

2.8           The Applicant/Customer shall not be entitled to any discount or allowance unless same is specified in Provider’s relevant invoice. All payments will be free of any deductions or set-off.

2.9           All agreed discounts shall be forfeited if payment in full is not made on the due date.

2.10         The Customer hereby gives his / her consent for a credit check.

2.11         The Customer shall be liable to the Provider for all legal expenses incurred by the Provider on the attorney-and-own client scale in the event of any default by the Customer, or any litigation in regard to the breach, validity or enforceability of this 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 the Provider may demand.



3.1           The onus of proving any deficiency in the quantity, type, physical properties, installation, work or composition, and the condition of the goods or services shall at all times remain with the Customer. The onus is on the Customer to inspect the goods/services upon receipt and satisfy themselves as to correctness of said goods or services (as applicable).

3.2           The Customer, by signing the appropriate release note/note of receipt, or by making full payment, warrants and accepts that the goods and/or services (as applicable) were effected to their satisfaction. Should any further material deficiencies or defects be discovered by the Customer, said Customer must immediately notify the Provider in writing within 48 hours from delivery. Should the Customer fail to timeously notify the Provider as per the above timeframe, they will be deemed to have accepted such goods and/or services as is.

3.3           Goods conveyed by the South African Railways or by an independent cartage contractor are conveyed at the Applicant/Customer’s sole risk and all claims for damages, breakage or non-deliveries must be lodged by the Applicant/Customer with the South African Railways or cartage contractor, as the case may be and the Applicant/Customer shall not have any claim against the Provider in respect thereof.

3.4           Return of Goods:

                All goods that are returned for credit by the Applicant/Customer must be accompanied by return for credit documentation. The Provider shall not be held responsible for goods which have not been returned together with the relevant documentation. To be valid, claims must be supported by the original Tax Invoice.

The Provider shall be entitled to levy a 10% handling fee on all returned goods which are a result of Applicant/Customer oversights or inaccuracies.

3.5           Delivery and performance times quoted are estimates by the Provider.

3.6           It is the responsibility of the Customer to determine that the products or services ordered by it are suitable for the purposes of intended use. The Provider gives no warranty, express or implied, concerning the suitability of the products supplied for any purpose whatsoever.

3.7           The Provider reserves the right, at its sole discretion, to provide alternative products (of same or better quality) at the prevailing prices to those ordered by the Customer, should those products have been superseded, replaced or otherwise become unavailable.

3.8           The Provider shall not be responsible for imperfections in any work due to defects in or the unsuitability of material or equipment not supplied by the Provider. Extra costs incurred through the use of defective materials or equipment supplied shall be for the Customer’s account.

3.9           Any delivery note, invoice or waybill (copy or original) signed by the Customer or a third party engaged by the Customer to transport the products, and held by the Provider, shall be conclusive proof that delivery was made to the Customer.

3.10         The risk of damage to, or loss of, or destruction of, or theft of, any products shall pass to the Customer on delivery of any particular order placed in terms of this agreement. The Customer further undertakes to comprehensively insure any goods delivered but not yet paid for in full.

3.11         Further to 3.10 above, the Provider is entitled to recover any insurance premiums paid for the Customer’s products/goods and paid for on the Customer’s behalf.



The Customer warrants that:

4.1           the accuracy of all descriptions, values and other particulars furnished to the Provider are true and correct (is accurate). The Customer further indemnifies the Provider against all expenses, claims or fines arising from any inaccuracy or omission of descriptions, values or other particulars (even if the inaccuracy or omission of descriptions, values or other particulars occurs with or without negligence).

4.2           the person signing this application/agreement on behalf of the Customer is duly authorized and able to sign this agreement, and furthermore, that the person signing on behalf of the Customer has the necessary authority to bind the Customer to this agreement.

4.3           the Customer is able to give full effect to the provisions of this application and perform in terms of these terms and conditions.




5.1           The Provider warrants that all goods manufactured and sold by it shall conform to its usual standard of quality and tolerances and to such other standards by the Provider in writing.


5.1.1        the Provider’s liability for breach of the aforementioned warranty shall be limited to either rectifying or replacing substandard or defective goods, or the Provider shall be entitled, at its option, to require that the customer return such goods against the Provider passing a credit in respect of the purchase price of the goods and no further liability whatsoever shall attach to the Provider.


5.1.2        No other liability of whatsoever nature shall attach to the Provider whether arising out of contract or delict and, in particular, liability is excluded for all loss or damage of whatsoever nature and howsoever occasioned whether directly or indirectly, including consequential loss.


5.1.3        The Provider shall not be liable for and damages or losses suffered by the Customer as a result of any misuse, abuse, neglect or similar of the products or services by the Customer.


5.2           Goods ordered by the customer, which are not manufactured by the Provider, carry only such warranties as are

provided by the manufacturer thereof and the Provider shall, on request, cede all its rights thereto to the customer and the Provider accepts no liability thereunder or in respect thereof whatsoever.


5.3           No other express or implied warranties or representations of any nature, whatsoever, are given or made in regard to any goods/services sold by the Provider and all implied warranties are specifically excluded. The customer acknowledges that it does not rely on any representations made by the Provider with regards to its products and services, or qualities thereof, leading up to this agreement other than those contained in this agreement. All specifications, price lists, performance figures, advertisements, brochures and other technical data furnished by the Provider in respect of its products and services, whether orally or in writing, will not form part of this agreement unless agreed to in writing by the provider.


5.4           Under no circumstances will the Provider be liable for consequential or general or special damages, howsoever arising, which the customer may suffer because of breach of the aforegoing warranty or because of a breach of any of the other obligations assumed by the Provider.


5.5           The Customer agrees that neither the Provider nor any of its employees will be liable for any bona fide negligent or innocent misrepresentations made to the Customer.


  1. OTHER

6.1           The Provider shall not be liable for demurrage or storage charges of any nature whatsoever and howsoever arising. Where any such demurrage and/or storage charges are paid by the Provider, such charges shall be refunded to the Provider by the Customer on demand. The Customer hereby appoints the Provider irrevocably and in rem suam as its agent and in its name, place and stead, to contract for the storage of the goods upon such terms and conditions as the Provider may, in its sole discretion elect, and without any liability whatsoever attaching to the Provider to attend to such storage.

6.2           The Provider reserves the right to employ subcontractors or agents to act for it.

6.3           The Customer shall provide any and all assistance and information required by the Provider for the purpose of applying for or obtaining any permit, consent or approval (where applicable or necessary).

6.4           The Provider shall not be liable for any delay occasioned by compliance with any instructions issued by the police or any other competent authority, but any extra costs incurred by the Provider as a result of compliance with any such instructions shall be added to its charges.

6.5           With respect to force majeure events;

6.5.1        “Force Majeure” means an event beyond the control of the Provider and/or the Customer, which prevents a party from complying with any of its obligations (excluding payment obligations) under this application/agreement, including but not limited to, acts of God, war, hostilities, rebellion, revolution, insurrection, military or usurped power, civil war, mass unrest, contamination by various chemical or nuclear agents, or riots.

6.5.2        Neither party shall be considered in breach of this agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an event of force majeure.

6.5.3        The party prevented from carrying out its obligations hereunder shall give notice to the other party of an event of force majeure upon it being foreseen by, or becoming known to, the Affected Party.

6.5.4        The obligations of the affected party hall be held in stasis (temporarily suspended) until such time as the force majeure event subsides and operations can continue on.

6.5.5        Should an event of force majeure last longer than 4 (four) months, the parties shall be entitled to terminate this agreement after having paid any amounts that may be owing between them.

6.6           This agreement will govern all future contractual relationships between the parties, notwithstanding receipt or acknowledgement of the Customer’s own order form of conditions; and this agreement is applicable to all existing debts between the parties.

6.7           This agreement, and any offers, orders or contracts of sale pursuant hereto, become binding only when accepted by the Provider.

6.8           The Provider shall not be liable for any damage arising from any misuse, abuse or neglect of products or services under any circumstances whatsoever.

6.9           The Customer is not entitled to sell or dispose of any products unpaid for without the prior written consent of the Provider. The Customer shall not allow the products to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of the Provider in the products.

6.10         If any products supplied to the Customer are of a generic nature and have become the property of the Customer by operation of law (confusion or commixtio), the Customer shall be obliged, on notice of cancellation of the agreement, to transfer the same quantity of products in ownership to the Provider.

6.11         Any order is subject to cancellation by the Provider if the Customer breaches any term of this agreement or makes any attempt of compromise, liquidation, sequestration, termination or if judgement is recorded against the Customer or any of its principals.

6.12         In the event of the Customer being in arrears with any payment, or in breach of any term of this agreement, and persist in such arrears or breach despite being given 14 days written notice to remedy said arrears or breach, the Provider shall be entitled to cancel all contracts with immediate effect.



7.1           These terms and conditions, shall be binding upon the heirs, assigns, successors-in-title and parent companies, subsidiaries and affiliates of the parties.

7.2           No amendment, deletion, alteration, cancellation, interpretation or waiver of any of the provisions of this agreement shall be effective unless made in writing and signed by the parties to this agreement.

7.3           The failure to enforce or to require the performance at any time of any one of the provisions of this agreement shall not be construed to be a waiver of such provision, and, shall not affect either the validity of this agreement or any part hereof or the right of any party thereafter to enforce each and every provision in accordance with the terms of this agreement.

7.4           No relaxation or indulgence which the Provider may grant to the Customer shall constitute a waiver of the rights of the Provider and shall not preclude the Provider from exercising any of its rights which may have arisen in the past or which might arise in the future.

7.5           This agreement contains the entire agreement of the parties in respect of the subject matter of this agreement and supersedes all prior agreements between the parties, whether written or oral, with respect to the subject matter of this agreement.

7.6           In the event any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un-enforceability shall not affect any other provision of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been set forth herein, and the agreement shall be carried out as nearly as possible according to its original terms and intent.

The parties further agree to substitute for such invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

7.7           The Customer chooses its street address set out in page 1 – Part A (Application) of this agreement as its domicilium citandi et executandi (“domicilium”) for all purposes under this agreement, whether for serving any court process or documents, giving any notice, or making any other communications of whatsoever nature and for any other purpose arising from this agreement.

7.8           This agreement shall be subject to, and interpreted by, the laws of the Republic of South Africa.

7.9           The rules of interpretation (rule of construction and the contra proferentem principle) that an agreement will be interpreted against the party responsible for the drafting or introduction of terms, and any similar rules of interpretation, shall not apply to this agreement and the parties waive any rights they have to rely on such rules.



In order to give effect to your requested services and/or business relationship, the Provider is necessarily involved in the collection, use and disclosure of certain aspects of the personal information of the Customer/Applicant. The Applicant, by providing the information in question, understands that disclosing such information to the Provider is necessary to give effect to the provisions of the business relationship of interactions.

  1. Given the importance of privacy and the protection of sensitive information, the Provider is committed to effectively managing personal or confidential information in accordance with the provisions of POPIA.


  1. The Provider will under no circumstances distribute or share the Applicant’s personal or confidential information between separate legal entities, associated organizations or with any individuals that are not directly involved with facilitating the purpose for which the information was originally collected. The Provider will process personal information only for specific, defined, and legitimate reasons; the Provider shall also only use and process personal or confidential information where the object of the legal process (the reason why you engaged our services or relationship) requires the use or disclose of such personal or confidential information.


  1. Personal or confidential information will not be processed for a secondary purpose unless that processing is compatible with the original purpose.


  1. The Provider will manage the security of its filing / data record-keeping system to ensure that personal or confidential information is adequately protected. To this end, security controls will be implemented in order to minimize the risk of loss, unauthorized access, disclosure, interference, modification or destruction of any personal or confidential information.


  1. Employees and other persons acting on behalf of the Provider will, during the course of the performance of their services, gain access to and become acquainted with the personal or confidential information of the Applicant. Employees and other persons acting on behalf of the Provider are required to treat personal or confidential information as a confidential business asset and to respect the privacy of the Applicant.


  1. The Provider cannot effectively provide the necessary or requisite services or goods or relationship without obtaining and processing certain personal or confidential information of the Applicant.


  1. By engaging the services of the Provider, or ordering goods from the Provider, or providing your personal or confidential information, the Applicant accepts and acknowledges that the disclosure of some of their information, documents or other related information is necessary in order to fulfil the point and purpose for which the information is so provided.


  1. The Applicant and their duly authorized representative hereby gives full and complete consent, to the Provider, to use the Applicant-supplied information, documents or similar for the purposes of handling or dealing with the Applicant’s matter.


  1. The Applicant irrevocably agrees and acknowledges that some of or all of the information provided, whether personal or otherwise, may be used and processed by the Provider and such use may include placing such information in the public domain in limited circumstances.

Should you (the Applicant) not agree to the terms and conditions as set out in this document, you must notify the Provider immediately, failing which it will be deemed that you (the Applicant) accept and agree to the terms and conditions set out above.