Terms & Conditions

1. General

Meshco (Pty) Ltd is a registered South African company. These terms apply to all transactions between Meshco and its customers unless otherwise agreed in writing.

Any terms or conditions proposed by the Purchaser that conflict with or attempt to amend these Terms and Conditions shall be deemed invalid unless expressly agreed to in writing by both parties.

No addition, alteration, or cancellation of these Terms and Conditions shall be binding unless recorded in writing and signed by both the Purchaser and the Seller.

Any extension of time or other leniency granted by the Seller shall not be interpreted as a waiver of any of the Seller’s rights, nor shall it prevent the Seller from enforcing its rights at any time, whether in relation to past or future breaches.

2. Orders & Pricing

• All quotations are valid for 30 days, unless stated otherwise.
• Prices do not include VAT or delivery charges unless otherwise specified.
• Meshco reserves the right to modify pricing in response to fluctuations in raw material costs or to correct any errors in published rates.
• Orders are subject to availability and acceptance by Meshco. No order submitted by the Purchaser shall constitute a binding contract with the Seller unless expressly accepted in writing by the Seller.
• Once an order has been formally accepted by the Seller, the Purchaser shall have no unilateral right, for any reason whatsoever, to cancel or modify the order.

3. Payment Terms

• C.O.D. purchases are strictly nett.
• Standard payment terms are strictly 30 days from statement date for approved account customers only.
• Should the Purchaser fail to pay any invoice in full within 30 days from the statement date, such failure shall constitute an event of default under this agreement. In the event of default, all outstanding amounts, including unpaid invoices and accrued interest, shall immediately become due and payable without further notice or reference to any other clause in this agreement.
• Any sum not paid when due shall bear interest at the maximum rate permitted by the National Credit Act No. 43 of 2005, which Meshco reserves the right to update in writing from time to time based on the prevailing prescribed rate by the Minister of Finance. Furthermore, the Purchaser shall be liable to reimburse Meshco for all costs incurred in the collection of overdue amounts, including, but not limited to, legal fees, collection agency charges, and administrative costs.
• All returns are subject to a 10% handling charge. In addition to the handling charge, where external transport costs have been incurred to deliver the goods, this amount will not be refunded.
• No goods will be accepted for return or credit unless prior written authorisation has been obtained, and the request is made within seven (7) days of delivery.
• In the event of a payment default as defined above, Meshco shall be entitled, at its sole discretion, to immediately suspend all further deliveries and/or services until such time as all outstanding amounts (including accrued interest and recovery costs) have been received. Meshco reserves the right to cancel any pending orders or ongoing contracts without incurring any further liability. This suspension or cancellation shall be in addition to and not in substitution for any other legal remedies available to Meshco.
• The Purchaser understands that trade facilities may be revised or withdrawn by the Seller without notice and in the Seller’s absolute discretion.
• Upon the failure of the Purchaser to comply with the conditions of payment, the Seller reserves the right to suspend further services or to require cash payment prior to or to cancel the sale.

4. Delivery

• Delivery lead times provided by the Seller are estimates and do not constitute a binding commitment unless expressly stipulated in writing.
• Claims related to shortages, damages, or incorrect goods shall only be considered if formally reported to the Seller within forty-eight (48) hours of delivery.
• Meshco shall not be held liable to the Purchaser or any third party for any failure to deliver, or for any delay in the delivery of goods, where such failure or delay results from circumstances beyond Meshco’s reasonable control. These circumstances may include, but are not limited to, industrial action, breakdowns of machinery, equipment or facilities, fire, explosion, theft, war, civil unrest, natural disasters, acts or regulations of authority, imposition of martial law, or disruptions caused by third-party providers or specification changes.
• A delivery note signed by the Purchaser or any of its duly authorised representatives—including employees or agents—shall serve as prima facie evidence that the goods described therein were delivered in the specified quantity and received in acceptable condition.
• The Seller reserves the right to withhold release of any goods until full payment has been received, unless the Purchaser has an active credit facility approved by the Seller and remains in compliance with the agreed terms.
• The Seller shall issue an invoice to the Purchaser upon delivery of the goods, which shall reflect the applicable pricing, quantities, and payment terms.

5. Risk and Ownership

• Risk in the goods shall transfer to the Purchaser upon delivery or collection, whichever occurs first.
• Ownership of the goods shall remain vested in Meshco until full payment—including any accrued interest—has been received. Notwithstanding the installation, modification, or use of the goods, the Purchaser shall hold such goods in a fiduciary capacity for Meshco. Until ownership transfers, the Purchaser shall store the goods separately, ensure they are clearly marked to reflect Meshco’s title, and maintain them in a condition satisfactory to Meshco.
• Without limiting Meshco’s right to demand payment, Meshco reserves the right to recover possession of any goods for which payment has not been made by the due date, even if such goods have already been delivered or installed. The Purchaser irrevocably consents to Meshco accessing any site or premises where the goods are located to inspect or repossess them. If the goods include fence panels or other fencing products affixed to posts embedded in the ground, those products shall be treated as movable property. The Purchaser expressly agrees that Meshco may detach and reclaim these items without liability, and no claim—whether contractual, delictual, or otherwise—shall arise against Meshco as a consequence of such action.
• If the Purchaser is subject to a civil judgment, becomes insolvent, fails to meet any payment obligation, or otherwise breaches any term of agreement with Meshco, Meshco shall have the right, without waiving any other remedies available, to cancel any outstanding orders or suspend deliveries until such default is rectified to Meshco’s satisfaction.

6. Returns & Cancellations

• All returns must be expressly authorised in writing by Meshco prior to the return of any goods.
• Custom-made, cut-to-size, or specially manufactured products are non-returnable, except where such goods are proven to be defective.
• The cancellation of an order may be subject to cancellation fees, which shall be determined based on the costs incurred by Meshco, including but not limited to, materials sourced, production initiated, labour expended, or third-party supplier commitments.

7. Warranty

• Meshco warrants that all products conform to the stated specifications and are free from manufacturing defects at delivery.
• This warranty does not extend to improper use, installation, modification, or handling of the goods by the Purchaser or any third party.

8. Liability

• Meshco shall bear no liability for any indirect, incidental, special, punitive, or consequential damages, including but not limited to, loss of profits, loss of revenue, loss of business, or reputational harm, arising from or related to the sale, delivery, or use of its goods.
• The maximum liability of Meshco, whether in contract, delict (tort), or otherwise, shall be strictly limited to the invoiced value of the goods supplied.
• If Meshco’s performance of any obligation is prevented, delayed, or rendered impracticable due to any cause beyond its reasonable control, Meshco reserves the right to cancel or suspend performance without incurring liability for losses or damages resulting from such cancellation or suspension.

9. Intellectual Property

• All content, trademarks, branding, logos, product designs, trade dress, and proprietary materials displayed on this website or within any Meshco materials remain the exclusive property of Meshco.
• No portion of such intellectual property may be used without the prior written consent of Meshco.
• Unauthorized use may result in legal action, including claims for injunctive relief and damages.

10. Information

• The Purchaser consents to the collection and processing of personal information as specified in Meshco’s Privacy Policy.
• Meshco may verify credit status with other creditors, financial institutions, or relevant third parties.
• Information obtained from credit bureaus may be used to assess trade applications and establish terms.
• Details relating to creditworthiness may be disclosed to other creditors or registered credit bureaus as permitted by law.

11. Jurisdiction

• These terms are governed by the laws of the Republic of South Africa. Disputes will be subject to adjudication by South African courts.
• The Purchaser consents to the jurisdiction of the Magistrate’s Court, though Meshco may proceed in any competent court.
• Meshco may refer disputes to arbitration for expedited resolution, with awards binding and enforceable.

12. Domicilium

The Purchaser chooses as its domicilia citandi et executandi the address provided in the “Application for trade account” form for all purposes arising from these terms.

13. Updates

Meshco may amend these Terms and Conditions without prior notice. Updates will be published on our website and take effect upon publication.

Have questions?

Please contact our team at sales@meshco.co.za or 021 905 1205.