Caco Trading (Pty )Ltd T/A Elegen
– Terms & Conditions of Trade

The following terms govern any order for purchase of goods from Caco.

1. The acceptance of any quotation or any order placed by the CUSTOMER shall from date of acceptance or placement be subject to the conditions stated herein unless specifically varied by CACO in writing and these conditions shall at all times take precedence over any terms, conditions or stipulations contained in any of the CUSTOMER’S documentation as may be in conflict herewith. Should the CUSTOMER in any way purport to attach any conditions which vary, amend or are in conflict with the conditions set forth herein, then, notwithstanding anything to the contrary stipulated by the CUSTOMER, the conditions set forth herein shall prevail and be of full force and effect unless specifically varied by CACO in writing with specific reference to the CUSTOMER’S contrary documentation.

2. Prices & Payment
2.1. Prices and discounts are those as stated in the current CACO price list made available to all customers alternatively as stated on the relevant quotation issued to the customer where applicable. All prices are quoted net of VAT and transport costs. All prices are based on ruling exchange rates and ruling prices of raw materials including but not limited to the fluctuation or change to steel prices and on the understanding that the total quantity quoted for is ordered by the CUSTOMER. Any deviation from the quantities specified shall render this quotation null and void. Accordingly CACO reserves the right to change any prices and/or discounts at any time and without notice in accordance with any change in the applicable rate of exchange or costs of raw materials occurring between the date of quotation and date of delivery.
2.2. Payments Terms:
2.2.1. Unless credit facilities have been granted to the customer all goods is sold on a strictly COD basis.
2.2.2. Where credit facilities have been granted to the customer, payment of goods shall be made strictly within thirty (30) days of date of statement.
2.2.3. The customer shall not under any circumstances be entitled to deduct or set off any amount from or against amounts due as indicated in the CACO monthly statement unless CACO has authorized such set off or deduction in writing.
2.2.4. Failure to settle any statement by due date, shall entitle CACO to disallow any early settlement discount and cease all further deliveries of any orders until the entire statement has been settled in full.
2.2.5. Any amounts outstanding shall incur an interest charge of 2% (two percent) above the ruling prime rate offered by CACO’s bankers.

3. The CUSTOMER acknowledges that CACO shall have the discretion to request a payment of 50% of the value of any order on the confirmation thereof. Should the customer fails to effect payment thereof CACO shall not be obliged to commence any work on the order. Payment of any order or balance shall be paid in accordance with the terms of payment stipulated by CACO, alternatively as stated on any quotation and failing any such stipulation, on collection or delivery of the order. Failure to pay shall relieve CACO from making further deliveries without prejudice to its entitlement to claim against the CUSTOMER for any loss or damage sustained in consequence of non – completion of contract.

4. Notwithstanding delivery, or collection of any goods supplied, manufactured and or sold by CACO to the CUSTOMER, ownership in those goods sold, and delivered shall only pass to the CUSTOMER when the purchase price in respect of those goods, has been paid in full. Risk in and to the goods shall, however, pass to the CUSTOMER upon delivery/collection.

5. A signed Delivery/Consignment Note shall constitute prima facie proof that the goods have been delivered to and received by the CUSTOMER in good condition, whether signed by the CUSTOMER, an employee, an agent or representative of the CUSTOMER. Delivery to or collection by the CUSTOMER’S agent or carrier shall constitute delivery to the CUSTOMER.

6. Should CACO agree to accept the return of any goods for credit, the CUSTOMER shall be liable to pay CACO a handling charge of not less than 10% on the invoiced price of the goods so returned.

7. Should the CUSTOMER decide to cancel the order, once the quotation has been accepted by the CUSTOMER, and confirmation of acceptance has been received by CACO, the CUSTOMER shall be liable to pay CACO a cancellation charge of not less than 20% on the quoted price of the goods.

8. The CUSTOMER shall be precluded from raising any complaints or disputing liability to CACO in any way unless it shall have notified CACO of its complaints or grounds of dispute in writing within 7 days of receipt of the goods in question. Notwithstanding the timeous raising of a complaint or dispute of liability by the CUSTOMER, the CUSTOMER shall, under no circumstances, be entitled to withhold payment in respect of the goods from CACO pending the resolution of such dispute or complaint.

9. Notwithstanding any other provision to the contrary, the obligation to deliver goods shall in all cases be subject to the following conditions precedent:
9.1. The availability to CACO of the goods ordered if same is not ex stock and or the availability to CACO of parts and raw materials for manufacture of goods ordered where applicable.
9.2. The timely receipt by CACO of any drawings, designs, technical data and specifications that may be required by it from the CUSTOMER for the purposes of supply or manufacture, provide that such drawings, designs and specifications shall be deemed to have been given to CACO for the purpose of description only and shall not form part of the contract.
9.3. Time shall not be of the essence of the contract and delivery dates shall be treated as approximate only based on the latest information available to CACO. Under no circumstances shall the CUSTOMER be entitled to withdraw from or terminate the contract on account of any delay in delivery or have any claim of any nature whatsoever against CACO arising from late delivery.
9.4. CACO shall be exempt from and shall not be liable under any circumstances whatsoever for any indirect or consequential damages of any nature whatsoever or any loss or profit or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the CUSTOMER may suffer as a result of any delay in delivery of the goods ordered.
9.5. Delivery shall be effected in accordance with the following provisions:
9.5.1. Unless otherwise provided herein the cost of delivery of goods shall be borne by the CUSTOMER.
9.5.2. All goods will be made available for delivery/collection by the CUSTOMER at CACO’s business site stated above. Any subsequent change in location must be notified to CACO timeously in writing, prior to delivery. A re-sitting charge may, at the option of CACO be levied to recoup any costs incurred as a result thereof.
9.5.3. Within 24 hours of CACO completing the manufacture and assembly of the goods, CACO shall notify the CUSTOMER that the goods are available for inspection and testing at CACO’s premises by the CUSTOMERS designated test engineer/s.
9.5.4. If the test show the goods not to be in accordance with the Goods Schedule – Annex 1, CACO shall without delay, and at its cost remedy any in order to ensure the goods complies with Annex 1. New tests shall then be carried out at the CUSTOMER’s request.
9.5.5. On completion of satisfactory testing of the goods, an Acceptance Certificate shall be issued and signed by both parties authorizing the release of the goods.
9.5.6. On confirmation that the purchase price/balance of the purchase price has been paid the goods shall be released to the CUSTOMER.

10. The CUSTOMER agrees and acknowledges that in the event of:
10.1. The CUSTOMER breaching any condition contained in these conditions;
10.2. The CUSTOMER failing to pay any amount due and payable on due date;
10.3. The CUSTOMER’S estate being placed under any order of provisional or final sequestration, provisional or final winding up or provisional or final judicial management as the case may be; then and in that event CACO shall, without detracting from any other remedies which may be available to it, be entitled to summarily cancel the sale of any goods to the CUSTOMER without notice to the CUSTOMER, and to rely on the provisions of clause 4, and to re-possess those goods sold and delivered by CACO to the CUSTOMER, or to claim specific performance of all of the CUSTOMER’S obligations whether or not such obligations would otherwise then have fallen due for performance, in either event without prejudice to CACO’S right to claim damages. The CUSTOMER also acknowledges and agrees that CACO may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or security or upon terms and conditions satisfactory to our credit department.

11. Where CACO is required to manufacture and or supply goods to the CUSTOMER’S specification and/or drawings, or carries out work according to the CUSTOMER’S instructions, or those of it nominees, (specific order) CACO accepts no responsibility for the efficiency or workability of goods so manufactured. Once an specific order for has been placed the CUSTOMER shall become liable for any special damages or consequential loss should the CUSTOMER cancel the order for any reason whatsoever.
11.1. All specifications, data, illustrations, drawings etc., submitted by CACO or contained in its published literature are approximate and for information only and do not form part of the contract unless certified by CACO in writing. Any drawings supplied by CACO shall be treated as confidential and it retains the copyright therein.
11.2. Subject to 9.5 above where the goods ordered is subject to the CUSTOMER’S inspection it shall be inspected at the CACO works premises and such goods passed by the CUSTOMER’S shall be final. If the CUSTOMER fails to give notice of this intention to inspect goods at the time of ordering, the goods will be deemed to be in all respects in accordance with the contract and the CUSTOMER shall be bound to accept and pay for them accordingly. CACO’S quoted price does not include for costs, which may be incurred in meeting CUSTOMER’s special requirements for witnessed operating tests. Unless otherwise stated, commissioning and erection costs are not included.
11.3. All goods offered in any quotation shall be manufactured in accordance with CACO’S standard methods, designs and procedures from first grade materials and components.

12. In the event of CACO instituting legal action against the CUSTOMER for any purpose arising out of this agreement, the CUSTOMER shall be liable for legal costs on the scale as between attorney and own client including any tracing fees and collection commission.

13. The CUSTOMER nominates as its address for service of all notice or processes arising here from as the address reflected on the face of this document, for service upon the CUSTOMER of all notices and processes in connection with any claim for any sum due to CACO arising out of any services/work/sales rendered by CACO to the CUSTOMER.

14. Warranty
14.1. CACO warrants that the goods will be free from defects in materials and workmanship for period of 12 Months calculated from the date of Delivery (the Warranty Period/Warranty Certificate).
14.2. CACO warrants to the CUSTOMER that it will make good, either by repair or replacement, at the sole discretion of CACO, any defects in the goods which arise solely from defective materials or workmanship and which are notified to CACO during the Warranty Period. Defective items are to be returned by and (unless agreed otherwise by CACO) at the cost of the CUSTOMER to CACO’s business premises. Repaired and/or replacement items (where applicable) will be returned to the CUSTOMER at CACO’s expense.
14.3. CACO warrants that the CUSTOMER shall acquire good and clear title to the goods purchased according to these terms and conditions, free from all liens, claims and encumbrances.
14.4. Any defects in the goods which are attributable to:
14.4.1. The installation and/or operation of the goods other than by CACO or in accordance with CACO’s recommendations; Inadequate maintenance or misuse of the goods, or failure to maintain appropriate environmental conditions for the operation of the goods; Improper or unauthorised modification of the goods; Flooding, lightning strike or accidental damage; The combination of the goods with other goods or software not agreed to by CACO in writing, the use of or incorporation into the goods of any components not supplied by CACO, are expressly excluded from the terms of this warranty and CACO shall be entitled to charge the CUSTOMER for the full cost of any repairs to, or replacement of, such defective items together with the costs of carriage, insurance and any duties payable on return thereof to the CUSTOMER.
14.4.2. Except for the warranties expressly set forth herein, CACO disclaims all warranties with regard to the goods, including all implied warranties of merchantability and fitness for a particular purpose.
14.5. Save as otherwise specifically provided for herein, CACO shall not be liable to the CUSTOMER or any other person for any indirect or consequential damages of any nature whatsoever or any loss or profit or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the CUSTOMER may suffer as a result of any breach by CACO of any of its obligations under these conditions or out of any other cause whatsoever. The CUSTOMER hereby indemnifies CACO against any claim which may be made against CACO by and any other person in respect of any matter for which the liability of CACO is excluded in terms of the foregoing. The obligations imposed on CACO’s by clauses 14.1, 14.2. and 14.3 shall constitute CACO’s sole obligations towards the CUSTOMER.

15. No relaxation or indulgence which CACO may grant to the CUSTOMER shall constitute a waiver of the rights of CACO and shall not preclude CACO from exercising any rights which may have arisen in the past or which may arise in the future,

16. These terms and conditions constitute the sole record of the agreement between the parties regarding the sale of goods by CACO to the CUSTOMER. Any express or implied the term, representation, warranty, promise or the like not recorded herein shall bind no party. No addition to or variation of these terms nor any cession or assignment of any rights or obligations by the CUSTOMER shall be of any force or effect unless in writing and signed by or on behalf of CACO.

17. Should there be any discrepancy or conflict between the quotation, any drawing or written specification and the provisions hereof these terms shall prevail.

18. A certificate under the hand of any director or manager of CACO (whose appointment need not be proved) as to the existence and the amount of the CUSTOMER’s indebtedness at any time, as to the fact that such amount is due and payable, shall be prima facie proof of the contents and the correctness thereof for the purposes of provisional sentence, summary judgement or any other proceedings of whatsoever nature against the CUSTOMER in any competent court and shall be valid as a liquid document for such purpose.

- last updated July 2023

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Head Office:
23-24 Mountjoy Street
Wilbart, Bedfordview, 1401
Gauteng, South Africa

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