(b) Quotations are subject to written confirmation by Pro-Spec after receipt of customer's acceptance of such written quotations.

2.(a) Unless otherwise agreed in writing by both parties, orders are accepted only at prices ruling on date of dispatch. Pro-Spec may adjust the prices on written notice, thereafter.

(b) Unless otherwise agreed in writing, orders, after acceptance, shall not be subject to cancellation in whole or in part, nor to amendment in any manner whatsoever.

(c) No verbal, telephonic or electronic mail orders will be accepted. All orders must be in writing and may be sent by fax.

3.Customers shall not return goods for any reason without having obtained Pro-Spec's prior written agreement. Where such agreement has been obtained, customers shall return such goods not later than two weeks from the date of such agreement. On no account shall rejected / prime material be sold as off-grade or otherwise disposed of without Pro-Spec's prior approval.

4.(a) Claims in respect of shortages shall be made in writing immediately upon receipt of goods, and no claim for any shortage will be recognised unless made within two days of receipt of any consignment in respect of which a shortage is alleged. In the event of non-delivery of any consignment, whether by rail or road, customers shall notify Pro-Spec thereof in writing within twenty-one days of the date of receipt by them or by the consignee of a copy of the relevant rail or road consignment note.

(b) Claims of a different nature other than those mentioned in (4a) should be made within the periods and subject to the requirements as outlined in the applicable Pro-Spec Specification (detail and design), Product and Extras lists, issued by Pro-Spec.

5. (a) Pro-Spec's terms are cash with order. However, special arrangements for payment may, at Pro-Spec's discretion, be extended to approved customers, in which event accounts for all goods despatched during any month shall be due and payable on or before the end of the following month, which shall be deemed to be the due date.

(b) Customers shall not, under any circumstances or for any reason whatsoever, be entitled to deduct or set-off any amount from or against those amounts due to Pro-Spec's account, unless Pro-Spec has given such customers prior written authority to do so.

(c) Terms of payment are strictly 30 days NET from date of statement. Failure to settle an account by the due date, shall entitle Pro-Spec to charge the customer interest at the prime bank loan rate plus three percent as charged by First National Bank of South Africa.

6.(a) Pro-Spec will endeavour to see to it that goods supplied will conform to the specification / engineering detail and design to that as supplied by Pro-spec. Except as aforesaid Pro-Spec gives no additional warranty whatsoever, whether express or implied, whether such purpose be known to Pro-Spec or not, in respect of

Steel fabrication to a specification as supplied by a customer and or his engineer
Structural Integrity of concrete bases as supplied by the customer and the subsequent consequences thereof
Municipal plans not submitted by a customer and the consequential delays / costs arising
Fitness of any structure for any other purpose other than that as originally intended and designed

(b) In the event of the goods proving not to comply with the aforesaid specifications, Pro-Spec's liability shall be limited to compensating the customer either by way of credit or replacement of material to the invoiced value of the rejected material, plus transport charges (were applicable) incurred by the customer in returning the material.

7. Pro-Spec will endeavour to despatch goods with due promptitude or within the time indicated by Pro-Spec, but Pro-Spec shall not be responsible for any loss, damage or claim caused by non-delivery or late delivery.

8. Insofar as the sale of goods may entail the customer, its employees or agents entering the property of Pro-Spec the customer, recognising the inherent hazards which exist in a steelworks, shall ensure that such precautions as are requisite for the protection of life and property anywhere Pro-Spec's property shall be taken, and the purchaser shall be liable to Pro-Spec and shall be deemed to have indemnified Pro-Spec against injury, death or damage to any person or to any property of Pro-Spec or of others, caused by or incidental to the negligence of default of the customer or its employees or agents. The customer likewise indemnifies Pro-Spec against all civil actions, suits, demands, costs or expenses arising in connection herewith, either at common law or under the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993, or any amendment thereto. The customer or its employees or agents shall produce sufficient proof to Pro-Spec of the necessity to enter Pro-Spec's property before being permitted to do so.

10.(a) Pro-Spec retains the election to make delivery by rail or by road. In all instances the ownership and risk shall pass to the customer upon the goods leaving the Works of Pro-Spec. The quantity or weight determined on Pro-Spec's assized road or rail mass meter at the point of loading shall be final and binding on the customer.

(b) Should the customer arrange his own delivery by rail and fail to pay those charges, Pro-Spec shall pay these charges for and on behalf of the customer. On demand the customer shall refund those rail delivery charges to Pro-Spec, plus a handling and administration fee of 10% of the gross value of the relevant consignment/s.

11.(a) Where customers fail to take delivery of goods as ordered at a specific place or to collect such goods at Pro-Spec's point of despatch; Pro-Spec shall be entitled to store or have such goods stored on behalf of customers. All costs relating to the customer's failure to take delivery shall be for the account of the customer and the customer indemnifies Pro-Spec accordingly.

(b) Customers shall provide a responsible person to receive and accept delivery from Pro-Spec during normal business hours or at such times as may be agreed prior to such delivery. Should off-loading of any delivery not be commenced within two hours of such delivery arriving at the customers address, that delivery shall be cancelled at the customer's cost. That cost will consist of R300-00 per hour for standing time, to which shall be added to all wasted costs incurred in delivering and returning that delivery to Pro-Spec's premises. Subsequent to the above all arrangements and costs for redelivery of the material to the customer's address shall be the customer's responsibility.

12. VAT is payable in respect of Pro-Spec' products by the customer.