Quotations and Payment

Prices are as quoted by Whelson to the customer. Quotations shall remain open for acceptance by the customer for a period of 30 (THIRTY) days from the date thereof, and if not accepted during such period (which acceptance shall be communicated in writing to Whelson), shall automatically lapse.

  • All quotations are subject to Whelson’s Standard Terms and Conditions of Trading. Whelson reserves the right to negotiate a rate adjustment with the customer, in the event of any increase in the price of fuel, tyres and/or labour, or a devaluation in the Zimbabwean currency.
  • Quotations are based, inter alia, on quantities, densities, dimensions, mass, properties, technical data, and other information supplied by the customer, and are accepted by Whelson in good faith under representation by the customer.
  • Any variance from the factors set out in 4.3 shall entitle Whelson to adjust the rate quoted to take into account such variance, or to suspend performance, or cancel the contract, without thereby incurring any liability whatsoever, and in the event of any such cancellation or suspension, Whelson reserves to itself the right to claim from the customer such damages as Whelson may have suffered.
  • Quotations are subject to the following conditions:
    • That the work carried out by Whelson is not subject to any interruption, hindrance or postponement;
    • That the route to be decided by Whelson is not subsequently varied;
    • The availability of Whelson’s vehicles and/or staff on the date required;
    • That all part loads are conveyed and delivered at Whelson’s convenience.
  • The customer undertakes responsibility for the following:
    • Any increase in Whelson’s costs coming into force after the date of the quotation;
    • All costs connected with any delays due to interruption, hindrance, local traffic, municipal regulation or non-production of necessary licences, permits or customers forms;
    • Any additional charges on a pro-rata basis in circumstances where the volumes, quantities or scopes of work have increased over that which has been quoted for;
    • Any increase in charges should there by a change of route due to circumstances beyond Whelson’s control;
    • Expenses incurred and/or losses sustained by Whelson arising out of any postponement or cancellation by the customer;
    • Increased charges in the event of stoppages or delays in the carrying out of the work to which the contract relates, provided that such stoppages or delays are caused by circumstances beyond the reasonable control of Whelson or are such that Whelson could not reasonably foresee or prevent the cause of such stoppages or delays arising.
  • Subject to the aforegoing conditions, and provided Whelson performs within the time period agreed between the parties, the price quoted shall remain fixed. If however, Whelson performs after such time period, the price quoted shall be subject to reasonable escalation.
  • Whelson shall be entitled at any time by notice to the customer, to cancel or resile from any quotation or executory agreement in the circumstances where it becomes impracticable or uneconomical for Whelson to carry out the contract, and the customer shall have no claim whatsoever against Whelson for any loss that the customer migh incur as a result of Whelson cancelling.
  • The freight is to be paid in full in the quoted currency without deduction or set off at such address as Whelson may direct from time to time, and the customer’s obligation to Whelson will not be discharged until the full purchase price is received in cash or is paid into Whelson’s bank account. Payment by electronic transfer shall only discharge the customer of its obligations when the funds are received and cleared in Whelson’s bank account.
  • Under no circumstances whatsoever does Whelson authorise the customer to utilise the services of messengers, couriers, postal authorities/services to delivery any cheque, bank notes, Promissory Notes, bills of exchange and cash to Whelson. Where the customer elects to utilise such services the customer does so at its own risk and the messenger, courier postal authority and the like is and will be the agent of the customer.
  • The customer is obliged and liable to pay to Whelson on demand all charges levied by Whelson’s bankers arising out of the dishonour of any of the customer’s cheques, bills of exchange, Promissory Notes, special clearances thereof and cash deposit fees.
  • In the event of a dispute between Whelson and the customer, all amounts which may in future become due to Whelson, shall be deemed to immediately become due to Whelson, and the customer acknowledges that Whelson has the right to retain the goods in its possession or which may come into its possession as a lien for monies due.
  • Should the customer fail to make payment on due date, the full amount outstanding shall immediately become due and payable to Whelson notwithstanding that, in the case of approved accounts, payment is due only within 30 (THIRTY) days of the date of Whelson’s invoice.