D & H Piping Systems (Pty) Ltd v Trans Hex Group Ltd. and Another (119/05)
D & H Piping Systems (Pty) Ltd v Trans Hex Group Ltd. and Another (119/05) [2006] ZASCA 29; 2006 (3) SA 593 (SCA) ; [2006] 3 All SA 309 (SCA) (24 March 2006)
The Supreme Court of Appeal held that the respondent's general terms and conditions, including exclusion clauses, were not incorporated into the contracts of purchase and sale, as no authorized representative of the appellant had knowledge of or assented to them. The respondent was found to be a manufacturing seller, as the processes applied to the raw dolomitic rock resulted in aggregate and sand with commercial utility distinct from the original material. The court confirmed that a manufacturing seller is liable for consequential loss caused by latent defects in the goods sold, regardless o…
Source excerpt
- Liability Of Manufacturing Seller
- Latent Defect
- Exclusion Of Consequential Loss
- Incorporation Of Standard Terms
- Course Of Dealing
- Contractual Damages