Terms & Conditions
These Terms and Conditions (“Terms”) apply to all sales, quotations, orders, deliveries, services, and related dealings with DK Chemicals and its division MCS (together referred to as “DK Chemicals”, “we”, “us”, or “our”). By requesting a quote, placing an order, or accepting delivery/services, you (“Customer”, “you”) agree to these Terms.
About DK Chemicals
DK Chemicals is a manufacturing and distribution company in South Africa with storage and logistics capability for mining chemical supplies, including daily distribution to various countries. MCS supplies specialty chemicals to the mining industry and may provide technical support and laboratory-related services to supplement products sold.
Quotations
All quotations are subject to change and stock availability unless stated otherwise in writing.
Prices are valid for the period stated in the quotation; if no period is stated, quotes are valid for 7 days from issue.
Quotations are based on the specifications and quantities provided by the Customer. Any changes may affect price and lead time.
Orders and Acceptance
Orders must be submitted in writing (email or purchase order).
An order is only binding once accepted by DK Chemicals in writing, or once we dispatch goods.
We may refuse, cancel, or limit any order where required by law, safety, export controls, sanctions, non-payment risk, or operational constraints.
Product Specifications and Technical Information
Product descriptions, technical data, and recommendations are provided in good faith and may be based on manufacturer information or internal knowledge.
It is the Customer’s responsibility to confirm product suitability for the intended application and operating conditions.
Certificates of Analysis (CoA), Safety Data Sheets (SDS), and other documentation may be provided upon request or where legally required.
Safety, Handling, and Compliance
Many products supplied are hazardous chemicals and must be handled, stored, transported, and used in compliance with applicable laws and industry standards, including all SDS requirements.
The Customer is responsible for ensuring:
proper training of staff,
appropriate PPE and safety controls,
lawful storage (including segregation and secondary containment where required), and
required permits/authorizations.
The Customer must not decant, repackage, or relabel products in a manner that breaches legal requirements.
Pricing, Taxes, and Charges
Prices are exclusive of VAT unless stated otherwise.
Additional charges may apply for packaging, drums/IBCs, pallets, handling, testing, documentation, demurrage, and special transport requirements.
Where export is involved, the Customer is responsible for applicable duties, taxes, clearance fees, and destination charges unless agreed otherwise in writing.
Payment Terms
Payment terms are as agreed on the quotation, invoice, or credit application approval.
If no terms are stated, payment is due prior to dispatch.
Overdue amounts may attract interest at the maximum lawful rate, plus reasonable collection and legal costs.
We may suspend deliveries or services if accounts are overdue or credit limits are exceeded.
Delivery, Risk, and Inspection
Delivery dates are estimates unless expressly guaranteed in writing.
Risk transfers to the Customer upon delivery to the Customer’s nominated address/site, or upon collection by the Customer or their carrier (whichever occurs first).
The Customer must inspect goods upon delivery/collection and report visible damage, shortages, or delivery discrepancies within 24 hours.
Claims for non-visible defects must be reported within a reasonable time and in any event no later than 7 days after delivery, unless otherwise required by law.
Returns, Cancellations, and Restocking
No goods may be returned without prior written authorization.
Returns may be refused for hazardous chemicals, decanted goods, custom blends, special orders, or goods not stored/handled correctly after delivery.
Approved returns may be subject to a restocking fee, handling charges, and transport costs.
Order cancellations are subject to approval and may incur costs already committed (including raw materials, packaging, freight, and admin).
Quality, Shelf Life, and Storage
Where applicable, products are supplied with typical shelf-life guidance.
DK Chemicals is not responsible for degradation, contamination, or performance issues arising from improper storage, mixing, dilution, or use after delivery.
The Customer must follow storage conditions stated on labels/SDS/CoA.
Laboratory Services and Technical Support (MCS)
Technical support, site advice, troubleshooting, and laboratory services (if provided) are offered to supplement product use and are based on information supplied by the Customer.
Results and recommendations are not guarantees of performance and do not replace the Customer’s own testing, process control, and safety assessments.
Unless expressly agreed in writing, laboratory services are provided on a best-effort basis and may have separate fees, turnaround times, and sampling requirements.
Warranties and Disclaimer
We warrant that goods will materially conform to the applicable specification or CoA at the time of dispatch, subject to proper transport and storage.
Except as required by applicable law, all other warranties (express or implied), including fitness for a particular purpose and merchantability, are excluded.
The Customer acknowledges that chemical performance depends on application, conditions, and handling beyond our control.
Limitation of Liability
To the maximum extent permitted by law, DK Chemicals will not be liable for indirect, special, incidental, or consequential losses (including loss of profit, downtime, or business interruption).
Our total liability for any claim (whether in contract, delict/tort, negligence, or otherwise) will not exceed the invoice value of the specific goods/services giving rise to the claim.
Nothing in these Terms limits liability that cannot be excluded by law.
Force Majeure
We are not liable for delays or failure to perform due to events beyond our reasonable control, including supply disruptions, strikes, transport failures, port delays, power outages, regulatory changes, accidents, or acts of God.
Confidentiality
Both parties agree to keep confidential any non-public commercial, technical, and pricing information received from the other party, unless disclosure is required by law or for lawful performance of the transaction.
Intellectual Property
All documents, technical materials, and content supplied by DK Chemicals remain our intellectual property (or that of our licensors). The Customer may use them only for intended operational purposes related to our products/services.
Compliance, Anti-Bribery, and Sanctions
The Customer agrees to comply with applicable anti-corruption, anti-bribery, trade, and sanctions laws. We may refuse or cancel transactions that may breach such requirements.
Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of South African courts, unless otherwise agreed in writing.
General
If any provision is found invalid or unenforceable, the remaining provisions remain in effect.
No waiver is valid unless in writing.
These Terms, together with the quotation/invoice and any written special terms, form the entire agreement for the transaction.
In case of conflict, written special terms agreed by DK Chemicals will prevail over these Terms.