The sale of any Abel Building Solutions (ABS) product is subject to these terms and conditions of sale. In these terms and conditions the following definitions shall apply:

• • “Seller” refers to ABS
  • “Buyer” means the consignee and/or its agents names on the sales order and/or invoice.
  • “Goods” means the ABS products documented on the estimate, pro-forma, sales order and/or invoice and includes Non-Standard or Special products
  • “Standard products” means any goods manufactured by the Seller and which are available ex-stock.
  • “Non-Standard” or “Specialty Products” means goods manufactured by the Seller which are nit sticking items but which are made in accordance with the Buyer’s specifications

1. A contract for the Goods shall be created once the Buyer affixes his/her signature to the sales order, estimate, pro-forma, or invoice and shall constitute acceptance of these terms of conditions of sale. The Seller shall not be obligated to fulfill the Buyer’s order for Goods until the Buyer’s signature has been affixed in the manner aforesaid.
2. The Goods should be checked thoroughly by the Buyer at the time of delivery for any non-conformance before the Buyer accepts them. The signing by the Buyer or his/her agent of the invoice and/or delivery note shall constitute acceptance of the Goods as is.
   • With respect to breakage (in this instance, “breakage” refers specially to clay and concrete products) upon delivery, the Buyer must notify the Seller of such breakage within forty-eight (48) hours. Upon receipt of such notification by the Buyer, the Seller shall dispatch a representative to investigate the Buyer’s claims. In the event that the Seller determines that breakage is as a result of a manufacturing defect in the Goods the Buyer’s only remedy shall be the replacement of the Goods.
3. The Seller shall not under any circumstances be liable for any direct, indirect or consequential loss or damage suffered by the Buyer in connection with the sale of the Goods.
4. A restocking charge of 10% of the value of the item(s) shall be applied to all Standard products, which have been returned after having been delivered in accordance with the Buyer’s instructions.
5. The Seller shall not accept returns of Non-Standard or Special goods, which have been delivered in accordance with the Buyer’s instructions.
6. Goods made in accordance with the Buyer’s specifications may not be returned for cash, exchange or credit.
7. Title to the Goods shall remain with the Seller until full payment for same is received. The Buyer shall assume the risk for the Goods upon delivery.
8. The Seller will honour the selling price on uncollected goods which have been paid for in advance up to a period of 30 days. Any uncollected goods after a period of 30 days may be subject to price fluctuations and/or stocking charges.
9. Interest will be charged at the rate of 1% per month on the Goods or any part thereof for which the Buyer has not taken delivery beyond twenty-one (21) days from the date of order.
10. Finance charges of 2% per month shall be charged on the Goods or any part thereof on any overdue balances which remain unsettled at the end of the following month after which the goods were delivered.
11. The Buyer shall be responsible for all and/or any additional expenses incurred as a result of debt collection by the Seller in the recovery of any and/or all outstanding balances.

Last updated on January 7th, 2021.