Cbi Technical Price List 2024 2025 Web v1
Cbi Technical Price List 2024 2025 Web v1
2. Certification
Products comply to local and international standards (SANS, VC, IEC, etc.).
3. DC Voltage Rating
Please refer to CBI catalogues / leaflets for DC ratings.
5. Module Width
CBI’s MCB module widths are:
• 13 mm and 26 mm dual mounting (escutcheon height 57 mm).
• 13 mm and 18 mm in DIN rail mounting (escutcheon height 45 mm), Suffix “D” (page 92)
6. Special Breakers
For all breakers manufactured to non-standard requirements, prices will be by quotation only
Technical Section
8. Switch Disconnectors
All switch disconnectors must be backed up by a suitable short circuit protection device (SCPD), having
the same or lower current rating and the same interrupting capacity as the switch disconnector, unless
otherwise stated. Contact CBI for availability of 4 Pole switch disconnector units.
9. Motor Starting
Information available in Technical Section
Curve No. Time Delay Instantaneous (short circuit ) Must Hold Current Tripping Current
1 Long High 10 – 20 x In 1.05 x In 1.30 x In
2 Medium Medium 5 – 10 x In 1.05 x In 1.30 x In
3 Short Low 3 – 5 x In 1.05 x In 1.30 x In
115 % Trip Point (Load
2,3 (LL) Medium 1.05 x In 1.15 x In
Limiting)
9 Long Medium 7 – 12 x In 1.05 x In 1.30 x In
OP (AC + DC) Instantaneous Low 3 – 5 x In 1.05 x In 1.30 x In
U2 (DC) Medium Medium 6 – 11 x In 1.05 x In 1.30 x In
KM Medium Medium 6 – 12 x In 1.05 x In 1.25 x In
Note:
Other curves available on request.
Page 92
MCBs and Accessories Data
2. Calibration
CBI thermal breakers are calibrated at 40°C, unless otherwise stated. Derating for higher temperature
environment to be done in accordance with derating curves.
3. Reverse Feeding
Contact CBI for details. Units indicated line / load should not be reverse fed.
4. Special Breakers
Prices for all breakers made by CBI to meet non-standard rating requirements of customer will be by quotation
only.
Technical Section
6. Switch Disconnector Fault Ratings
The fault current ratings of CBI switch disconnectors which are fitted with shunt trips and external tripping
devices are the same as those of the corresponding circuit breakers. Additional of interface barriers is
mandatory.
7. Terminations
Consult CBI Catalogues for details.
9. DC Interrupting Capacity
Refer to CBI DC Catalogue for details.
10.Motor Starting
In addition to cable protection functions, the CBI circuit breakers are designed for induction motor starting and
protection duties. These breakers are particularly suited to direct-on-line starting applications for standard
type motors in conjunction with a contactor overload combination or as a stand-alone unit.
For complete details, refer to the “Motor Starting and Protection Application Guide” and “Circuit Breaker
Selection Guide for DOL Motor Starting”.
Warranty Claims
Products may only be returned to CBI for warranty claims if all conditions under Section 7, Limitation of Liability,
of CBI’s General Terms and Conditions of Sale have been met (copy available upon request).
Page 93
MCB Dimensions
MCB Dimensions
Product Height (A) Width (B) Depth (C) Escutcheon (D)
QA - 1(13) 93 13 66 57
QA - 2(13) 93 26 66 57
QA - 3(13) 93 39 66 57
QF - 1(13) 93 13 66 57
QF - 2(13) 93 26 66 57
QF - 3(13) 93 39 66 57
QF - 4(13) 93 52 66 57
QF - 1(26) 93 26 66 57
Technical Section
QF - 2(26) 93 52 66 57
QF - 3(26) 93 78 66 57
QF - 4(26) 93 104 66 57
QF - 1(27)-D 97,5 27 65 45
QF - 2(27)-D 97,5 54 65 45
QF - 3(27)-D 97,5 81 65 45
QF - 4(27)-D 97,5 108 65 45
QF14 A/C - D 93 36 65 45
QA17 A/C 93 26 64,8 57
QF17 A/C 93 26 64,8 57
SM15A 122 65 66 57
SM36 122 117 66 57
Note: All measurements are in mm.
Page 94
Technical Section
Technical Section: Motor Starting Guide 230 - 400 V
Page 95
Single Phase Voltage 230 Vac Three Phase Voltage 400 Vac
Motor Size (kW)
5 kA 5 kA 15 kA 25 kA 35 kA 65 kA
0.12 QF1 (5 A)*
Note: * External overload protection required. Curve 1 circuit breakers only
0.18 QF1 (5 A)* QF3 (1 A)*
** Locked motor protection only
0.25 QF1 (5 A)* QF3 (2 A)*
0.37 QF1 (5 A)* QF3 (2 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
0.55 QF1 (10 A)* QF3 (5 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
0.75 QF1 (10 A)* QF3 (5 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
1.1 QF1 (15 A)* QF3 (5 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
1.5 QF1 (15 A)* QF3 (5 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
1.8 QF1 (20 A)* QF3 (10 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
2.2 QF1 (20 A)* QF3 (10 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
3 QF1 (25 A)* QF3 (10 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
3.7 QF1 (30 A)* QF3 (15 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
4 QF1 (30 A)* QF3 (15 A)* G15D (16 A)** G25D (16 A)** G35D (16 A)** F65DV 16-25 (16 A)**
4.5 QF1 (35 A)* QF3 (20 A)* G15D (20 A) G25D (20 A) G35D (20 A) F65DV 16-25 (20 A)
5.2 QF1 (40 A)* QF3 (20 A)* G15D (20 A) G25D (20 A) G35D (20 A) F65DV 16-25 (20 A)
5.5 QF1 (45 A)* QF3 (20 A)* G15D (20 A) G25D (20 A) G35D (20 A) F65DV 16-25 (20 A)
6 QF1 (50 A)* QF3 (20 A)* G15D (20 A) G25D (20 A) G35D (20 A) F65DV 16-25 (20 A)
7 QF1 (60 A)* QF3 (20 A)* G15D (32 A) G25D (32 A) G35D (32 A) F65DV 25-40 (32 A)
7.5 QF1 (70 A)* QF3 (25 A)* G15D (32 A) G25D (32 A) G35D (32 A) F65DV 25-40 (32 A)
9.3 QF1 (80 A)* QF3 (30 A)* G15D (40 A) G25D (40 A) G35D (40 A) F65DV 25-40 (40 A)
11 QF1 (100 A)* QF3 (35 A)* G15D (40 A) G25D (40 A) G35D (40 A) F65DV 25-40 (40 A)
15 QF3 (45 A)* G15D (50 A) G25D (50 A) G35D (50 A) F65DV 40-63 (50 A)
18.5 QF3 (60 A)* G15D (63 A) G25D (63 A) G35D (63 A) F65DV 40-63 (63 A)
22 QF3 (70 A)* G15D (80 A) G25D (80 A) G35D (80 A) F65DV 80-125 / 63-100 (80 A)
26 QF3 (80 A)* G15D (100 A) G25D (100 A) G35D (100 A) F65DV 80-125 / 63-100 (100 A)
30 QF3 (100 A)* G15D (100 A) G25D (100 A) G35D (100 A) F65DV 80-125 / 63-100 (100 A)
37 G15D (125 A) G25D (125 A) G35D (125 A) F65DV 80-125 (125 A)
45 G15D (125 A) G25D (125 A) G35D (125 A) F65DV 80-125 (125 A)
55 F15D (175 A) F25D (175 A) F35D (175 A) F65DV 160-250 (175 A)
75 F15D (225 A) F25D (225 A) F35D (225 A) F65DV 160-250 (225 A)
90 F15D 250 A / F25D (250 A) F25D 250 A / F25D (250 A) F35D 250 A / F35D (250 A) F65DV 250 A / K65DE (250 A)
110 K25D (350 A) K25D (350 A) K35D (350 A) K36D (350 A)
132 K25D (400 A) K25D (400 A) K35D (400 A) K65D (400 A)
160 K35D (500 A) K35D (500 A) K35D (500 A) K70D (500 A)
200 K35D (600 A) K35D (600 A) K35D (600 A) K70D (600 A)
250 L35DE 800 (700 A) L35DE 800 (700 A) L35DE 800 (700 A) L70DE 800 (700 A)
315 N85DE 1000 (900 A) N85DE 1000 (900 A) N85DE 1000 (900 A) N85DE 1000 (900 A)
355 N85DE 1000 (1000 A) N85DE 1000 (1000 A) N85DE 1000 (1000 A) N85DE 1000 (1000 A)
400 N85DE 1250 (1200 A) N85DE 1250 (1200 A) N85DE 1250 (1200 A) N85DE 1250 (1200 A)
450 N85DE 1250 (1250 A) N85DE 1250 (1250 A) N85DE 1250 (1250 A) N85DE 1250 (1250 A)
500 N85DE 1600 (1400 A) N85DE 1600 (1400 A) N85DE 1600 (1400 A) N85DE 1600 (1400 A)
560 N85DE 1600 (1600 A) N85DE 1600 (1600 A) N85DE 1600 (1600 A) N85DE 1600 (1600 A)
630 ACB2000CM (1750 A) ACB2000CM (1750 A) ACB2000CM (1750 A) ACB2000CM (1750 A)
710 ACB2000CM (1900 A) ACB2000CM (1900 A) ACB2000CM (1900 A) ACB2000CM (1900 A)
Notes:
1. All information in this table is for reference and selection purposes only, and only direct line (DOL) starting
2. Breaker selection is based on 4 Pole three phase squirrel cage motors and certain deviations may be encountered for different motor manufacturers
3. Circuit breaker settings are based on rated motor current multiplied by 1.6 to prevent starting current from exceeding the instantaneous pick-up current of the circuit breaker
4. For complete details refer to the “Circuit Breaker Selection Guide for DOL Motor Starting”
1
These are adjustable breakers and the current in ( ) is the Ampere value that these breakers must be set at
* External overload protection required. Curve 1 circuit breakers only
** Locked motor protection only
DOL: Contactor - Overload - MCCB Selection
Note: Customer to confirm motor FLC on site and adapt where necessary
Motor
FLC Contactor Rating OL Relay Setting Cable
Rating 400 V Rating
AC3 Type AC3 Type Range MCCB Size
3PH HP A
A MCM A OR A mm2
kW
5.5 7.5 11.3 ST20 18 THT18-11 9 to 13 A G15D 20 2.5
7.5 10 15.2 ST20 18 THT18-15 12 to 18 A G15D 40 2.5
11 15 21.7 ST35 40 THT25-22 18 to 26 A G15D 40 4
15 20 29.3 ST35 40 THT50-29 24 to 34 A G15D 50 10
18.5 25 36 ST35 40 THT50-29 24 to 34 A G15D 63 10
22 30 41 ST50 50 THT50-42 34 to 50 A G15D 100 10
30 40 55 ST65 65 THT65-54 43 to 65 A G15D 100 16
37 50 68 ST80 85 THT100-67 54 to 80 A G25D 125 25
45 60 81 ST80 85 THT100-82 65 to 100 A G25D 125 35
55 75 99 ST100 100 THT100-95 85 to 105 A G25D 175 35
75 100 134 SN150 150 THN120-125 100 to 150 A F25D 225 50
90 125 161 SN180 185 THN220-150 120 to 180 A F25D 250 95
Technical Section
110 150 196 SN220 225 THN220-210 170 to 250 A K25D 350 95
132 180 231 SN300 225 THN400-250 200 to 300 A K25D 400 150
160 220 279 SN300 330 THN400-330 260 to 400 A K35D 500 185
200 270 349 SN400 400 THN400-330 260 to 400 A K35D 600 240
Motor
FLC Contactor Rating OL Relay Setting Cable
Rating 500 V Rating
AC3 Type AC3 Type Range MCCB Size
3PH HP A
A MCM A OR A mm2
kW
5.5 7.5 9 ST20 13 THT18-9 7 to 11 A G15D 16 1.5
7.5 10 12.1 ST20 13 THT18-11 9 to 13 A G15D 20 2.5
11 15 17.4 ST35 32 THT25-22 18 to 26 A G15D 40 2.5
15 20 23.4 ST35 32 THT25-22 18 to 26 A G15D 40 6
18.5 25 28.9 ST35 32 THT50-29 24 to 34 A G15D 50 6
22 30 33 ST50 43 THT50-29 24 to 34 A G15D 50 10
30 40 44 ST65 60 THT65-42 34 to 50 A G15D 100 10
37 50 54 ST80 75 THT65-54 43 to 65 A G15D 100 16
45 60 65 ST80 75 THT100-67 54 to 80 A G15D 125 25
55 75 79 ST100 85 THT100-82 65 to 100 A G15D 125 35
75 100 107 SN150 100 THN120-125 100 to 150 A F35D 175 50
90 125 129 SN180 185 THN220-150 120 to 180 A F35D 200 50
110 150 157 SN180 180 THN220-150 120 to 180 A K35D 250 95
132 180 184 SN220 200 THN220-210 140 to 250 A K35D 300 95
160 220 224 SN300 280 THN400-250 200 to 300 A K35D 350 150
200 270 279 SN400 350 THN400-330 260 to 400 A K35D 400 185
Page 96
Star Delta Starting: Contactor - Overload - MCCB Selection
Note: Customer to confirm motor FLC on site and adapt where necessary
Technical Section
110 150 196 SN220 130 SN220 SN150 THN220-210 170 to 250 A K25D 400 95
132 180 231 SN300 150 SN300 SN150 THN400-250 200 to 300 A K35D 500 150
160 220 279 SN300 185 SN300 SN150 THN400-330 260 to 400 A K35D 630 185
Page 97
DOL
DOL Starting (FullStarting
Load) (Full Load)
DOL Starting (Full Load)
MCCB MCM TOR
R MCCB MCM TOR
R
S M
S
T M
T FUSE
FUSE
PB-OFF PB-ON TOR
PB-OFF PB-ON MCM TOR
MCM
Conditions
Conditions
1. The load shall be an Induction Motor with 3 phase and 4 Poles.
Conditions 2.
1. Overload
The load shall
relaybesetting
an Induction
range isMotor with
selected 3 phase to
according andthe
4 Poles.
full load current of the motor.
2. Cross-section
3. Overload relayarea
setting range
of the is selected
cable is withinaccording
the value to
thatthe
is full load current
connectable of the
to the motor.
motor starter.
1. The load 4.
shall
3. beBreaker
an Induction
Cross-section
Circuit area of theMotor
(MCCB) iscable iswith
for cable 3 the
within phase
valueand
protection. 4 connectable
that is poles to the motor starter.
2. 4. Circuit
The overload relayBreaker (MCCB)
setting range is for cable protection.
is selected according to the full load current of the motor
The breaking capacity of the MCCB should be reviewed according to site conditions.
3. The cross-section
The breakingarea of the
capacity cable
of the MCCB is should
withinbethe value according
reviewed that is connectable to the motor starter
to site conditions.
4. The circuit breaker (MCCB) is for cable protection
The breaking capacity of the MCCB should be reviewed according to the site conditions.
Star Delta Starting :
Star Delta
Star Delta Starting Y: Δ Starting :
Technical Section
MCM TOR
MCCB
U X
R MCM TOR
MCCB
U
V X
Y
R
S
V
M
ZY
S
T
W
M
W Z MCY
T
MCY
FUSE
FUSE TOR MCD
X
TOR MCD
PB-OFF PB-ON
X
MCM
PB-OFF PB-ON
TR MCD
MCM
MCY
MCM TR MCD
MCY
MCD
MCM MCY
MCD
TR
MCY
TR
Conditions
Conditions Conditions
1. The load shall be a squirrel cage motor with 3 phase and 4 Poles.
1. Overload
2. The load shall
relaybesetting
a squirrel
rangecage motor with
is selected 3 phase
according to and 4 Poles.
the full load current of the motor.
1. The load shall
3.
be the
2. When
a squirrel
Overload relay
cage
setting
Thermal
motor
range isRelay
Overload
with
selected
(TOR)
3 phase
according
andthe4fullarea
tointhe
is placed
poles
loadshown.
current of the motor.
2. The overload relay
3. When setting
the Thermal
the setting range is
Overload
range should selected
Relay by
be divided according
(TOR)3 is(0,58) to the
placed in the area fullshown.
load current of the motor
3. When the 4Thermal Overload
the setting range
Cross-section area Relay
should (TOR)
of thebecable
divided is
by the
is within placed
3 (0,58) in the area shown
value that is connectable to the themotor
setting range should be divided
starter.
by 3 (0.58)
4 Thermal
5. Cross-section
Circuitarea of the(MCCB)
Breaker cable is within the value
is for cable that is connectable to the motor starter.
protection.
5. Thermal
4. The cross-section Circuit
The breaking
area ofBreaker
capacity (MCCB)
of the
the cable MCCB is for
is within cable
should protection.
thebevalue
reviewed
thataccording to site conditions.
is connectable to the motor starter.
The breaking
6. Thermal capacity
Overload of (TOR)
Relay the MCCB should be reviewed according to site conditions.
mounting.*
5. Thermal Overload Relay (TOR) mounting:*
6. Thermal Overload
- Separately Relaywith
mountable (TOR) mounting.*
an optional mounting unit
• Separately mountable
Separately
- Directly mountable with
mountable an placed
with
when optional
an optional
in themounting
mounting
area shown unit
unit
in the dotted line
• Directly mountable
- Directly mountable when placed in the area shown ininthe
when placed in the area shown the dotted
dotted line line
Page 98
Terminations Terminations
x 3 of each
L20B / L40B
JSO / J25S J25S
K25D //K35D
FD
G4B G4B Ratings 15 - 250
150 A
x 1 of each
x 3 of each
x 2 of each
4120166
FSAX001
N50D
L20B //N70D
L40B K50D
J25S/FD
G4B
G4
Supplied as Standard
(No spares)
Technical Section
N50D / N70D K50D
Notes: Notes:
Refer to product specific pages for actual terminal types - It might not be available
as separate items if supplied as standard.
Refer to product specific pages
For relevant for
current actual
carrying terminal
capacities, please types - mayproducts.
refer to relevant not be available
as separate items if
supplied as standard.MCCB
ForTerminal
relevant
Bolt Sizes:current carrying capacities,
MCCB Standard Range please
MCCBrefer
Advancedto relevant products.
Range
• J25S - M8 • G37D - M8 • G150D - M8
• L20 / L40B - M12 • F37D - M8 • F50D - M8
• G15 / 25D - M8 MCCB Terminal Bolt Sizes
• K50D - M10 • F85D - M8
• G35D - M8 • L65D - M12 • F150D - M8
• F15/ 25D - M8 Frame Size
• N65D - Bolt Size
M12 • K65D - M10
• F35D - M8 • K85D - M10
• K25 / 35D - M12 JS / JSN M8 • K150D - M10
• L35 / 50D - M12
• MB - M12
LB / LBN M12 • L65D
• L100D
-
-
M12
M12
• N85D - M12 MB / MBN M12 • N150D - M10 x 2
• N70D - M10 x 2
GD / GDN / ELG M8 • N50D - M10 x 2
FD / FDN / ELF M8
KD / KDN / ELK M12
LD / LDN M12
NDE / NDN (1000A & 1250A) M12
Torque Settings
Torque Settings
NDE (1600A) M10
Torque Settings MCCB Torque
Torque Settings Torque
Settings
Torque Settings
Settings
Torque Settings
Terminal
Shape
Screw
Fastening Torque Nm 2-3 2.5 - 4.5 5.0 - 7.0 8.0 - 13.0 20.0 - 30.0 40.0 - 50.0
Solderless
Terminal Shape
Screw
Fastening Torque Nm 4.0 - 6.0 3.5 - 4.5 20.0 - 30.0 30.0 - 40.0 30.0 - 40.0 50.0 - 60.0
Page 99
This is a series connected (cascading) system
THIS IS A SERIES CONNECTED (CASCADING) SYSTEM
Replacement of the circuit breakers other than those of identical types
REPLACEMENTand ratings should
OF THE CIRCUIT be referred
BREAKERS to the
OTHER THAN circuit
THOSE breaker TYPES
OF IDENTICAL manufacturer
AND RATINGS SHOULD BE REFERRED TO THE CIRCUIT BREAKER MANUFACTURER
Cascading Tables
Cascading Tables
Note: Note:
Any limiting
Any current currentbylimiting byshould
the cables the cables should
be taken be taken into account
into account.
3. Determine
3. Determine the prospectivetheshort
prospective short
circuit current circuit
at the current
installation at the
point installation
of the downstream point
breaker, downstream
of thetaking into breaker, taking into
account only the current limiting effect of any cable that is connected between the upstream and downstream
account only the current limiting effect of any cable that is connected between the upstream and downstream breakers.
Any current limiting by the Any
breakers. upstream breaker
current shouldby
limiting be the
ignored for this purpose.
upstream breaker should be ignored for this purpose.
4. first
4. From the From theon
column first
thecolumn
left of theon the lefttable,
cascading of the cascading
select table,
the row that the row
selecta short
represents that
circuit represents
current that is a short circuit current
thatthan
equal to or higher is equal to or
this latter higher
short circuitthan this latter short circuit current
current.
5. The downstream breaker suitable for the cascading application will then be found at the intersection of the
5. The downstream
row frombreaker
(2.) suitable
above,forandthethe
cascading
columnapplication will then
from (4.) abovebe found at the intersection of the row from
(2) above, and the column from (4) above.
Due toresearch
Due to constant constant research and
and development, development,
CBI reserves the right toCBI
makereserves the right and
changes, modifications to extensions
make changes,
to these modifications and
cascadingextensions
tables withouttoprior
these cascading tables without prior notice.
notice.
Page 100
Technical Section
Page 101
Cascading Table (CBI MCBs and MCCBs)
Upstream Circuit Breakers
K35D L70DE
K70DE
G15D / F15D G25D / F25D G35D / F35D F65DV K25D K50DE L50DE
K65DE Busbar
K35DE L35DE
No of Poles 3 3 3 3 3 3 3 3 Rating
kArms
Fault Level kA 15 25 35 65 25 35 65 65
Amp Rating 125 250 125 250 125 250 100 250 400 400 / 630 400 / 630 800
65 F15D F15D
G15D 20
Protective Downstream Fault
50 F15D F15D
F15D
F15D F15D G15D
35 QF1 F15D
QF1 QF1 F15D
Level kArms
Notes:
Type Mounting Type Escutcheon, mm
QF = QF(13), QF(18), QF(26)
QF1 = Single pole circuit breakers
Mini / DIN 57
QF = Single, double or triple pole circuit breakers QF
DIN 45
Review: June 2020
For more product information regarding cascading, please contact CBI
Cascading Table (CBI MCBs and MCCBs) - Hydraulic-Magnetic
Upstream Circuit Breakers @ 415 V
JS25 J25S J25SN ** L20B L20BN ** L40B L40BN ** M25B M35B M35BN **
No of Poles 1 3 3 3 3 3 3 3 3 Busbar
Rating
Fault Level kA 25 25 25 20 20 40 40 25 35 35 kArms
Amp Rating 80 - 250 50 - 250 100 - 250 100 - 600 300 - 600 100 - 600 300 - 600 700 / 830 700 / 830 830
65
20
Downstream Fault
50
Level kArms
35 QF QF QF QF
Protective
30 QF QF QF QF 15
25 QF QF QF QF QF QF QF QF
20 QF QF QF QF QF QF QF QF QF QF
15 QF QF QF QF QF QF QF QF QF QF 10
10 QF QF QF QF QF QF QF QF QF QF
Notes:
** Withstand current must be backed up by suitable Short Circuit Protection Device. ** SABS / IEC
60947-3
QF: Single Pole, Double Pole, Triple Pole - Slow Curve 1 & Medium Curve 2 circuit breakers -
Type Mounting Type Escutcheon, mm
Cascading Table No. 2
Page 102
Technical Section
Mitsubishi DOL Starting
Mitsubishi DOL
Motor
Size Three phase voltage - 400 Vac Three phase voltage - 525 Vac
(kW)
0.37 NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A
0.55 NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A
0.75 NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A
1.1 NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A
1.5 NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A
2.2 NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A
3 NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A
NF63-HVA 16 A, NF125-SVA/HVA 16 A,
4 NF63-HVA 10 A, NV63-HVA 16 A, NV125-SVA/HVA 16 A
NV125-SVA/HVA 16 A
NF63-HVA 20 A, NF125-SVA/HVA 20 A,
5.5 NF63-HVA 16 A, NF125-HVA 16 A, NV125-SVA/HVA 16 A
NV125-SVA/HVA 20 A
NF63-HVA 32 A, NF125-SVA/HVA 32 A,
7.5 NF63-HVA20 A, NF125-HVA 20 A, NV125-SVA/HVA 20 A
NV125-SVA/HVA 32 A
NF63-HVA 40 A, NF125-SVA/HVA 40 A,
11 NF63-HVA32 A, NF125-HVA 32 A, NV125-SVA/HVA 32 A
NV125-SVA/HVA 40 A
Technical Section
NF63-HVA 50 A, NF125-SVA/HVA 50 A,
15 NF63-HVA40 A, NF125-HVA 40 A, NV125-SVA/HVA 40 A
NV125-SVA/HVA 50 A
NF63-HVA 63 A, NF125-SVA/HVA 63 A,
18.5 NF63-HVA50 A, NF125-HVA 50 A, NV125-SVA/HVA 50 A
NV125-SVA/HVA 63 A
22 NF125-SVA/HVA 80 A, NV125-SVA/HVA 80 A NF63-HVA50 A, NF125-HVA 50 A, NV125-SVA/HVA 50 A
30 NF125-SVA/HVA 100 A, NV125-SVA/HVA 100 A NF125-SVA/HVA 80 A, NV125-SVA/HVA 80 A
37 NF250-SVA/HVA 125 A, NV125-SVA/HVA 125 A NF125-SVA/HVA 80 A, NV125-SVA/HVA 80 A
45 NF250-SVA/HVA 125 A, NV125-SVA/HVA 125 A NF125-SVA/HVA 100 A, NV125-SVA/HVA 100 A
55 NF250-SVA/HVA 175 A, NV250-SVA/HVA 175 A NF250-SVA/HVA 125 A, NV250-SVA/HVA 125 A
75 NF250-SVA/HVA 225 A, NV250-SVA/HVA 225 A NF250-SVA/HVA 175 A, NV250-SVA/HVA 175 A
90 NF250-/SVA/HVA 250 A, NF400-SW 250 A, NV400-SW 250 A NF250-SVA/HVA 200 A, NV250-SVA/HVA 200 A
NF250-SVA/HVA 250 A, NF400-CW/SW 250 A,
110 NF400-CW/SW 350 A, NV400-SW 350 A
NV400-SW 250 A
132 NF400-CW/SW 400 A, NV400-SW 400 A NF400-CW/SW 300 A, NV400-SW 300 A
160 NF630-CW/SW 500 A, NV630-SW 500 A NF400-SW 350 A, NV400-SW 350 A
200 NF630-CW/SW 600 A, NV630-SW 600 A NF630-CW/SW 500 A, NV630-SW 500 A
250 NF800-CEW/SEW (700 A)*, NV800-SEW (700 A)* NF630-CW/SW 600 A, NV630-SW 600 A
315 NF1000-SEW (900 A)*, AE1000-SW (900 A)* NF800-CEW/SEW (700 A)*, NV800-SEW (700 A)*
355 NF1000-SEW (1000 A)*, AE1000-SW (1000 A)* NF800-CEW/SEW (800 A)*, NV800-SEW (800 A)*
400 NF1250-SEW (1200 A)*, AE1250-SW (1200 A)* NF1000-SEW (900 A)*, AE1000-SW (900 A)*
450 NF1250-SEW (1250 A)*, AE1250-SW (1250 A)* NF1000-SEW (1000 A)*, AE1000-SW (1000 A)*
500 NF1600-SEW (1400 A)*, AE1600-SW (1400 A)* NF1250-SEW (1200 A)*, AE1250-SW (1100 A)*
560 NF1600-SEW (1600 A)*, AE1600-SW (1600 A)* NF1250-SEW (1200 A)*, AE1250-SW (1200 A)*
630 AE2000-SW/SWA (1750 A)* NF1600-SEW (1400 A)*, AE1600-SW (1300 A)*
710 AE2000-SW/SWA (1900 A)* NF1600-SEW (1500 A)*, AE1600-SW (1500 A)*
Page 103
AGREED GENERAL TERMS & CONDITIONS OF SALES
This document is an abridged version of the general terms and conditions of sale of Circuit Breaker Industries
(Pty) Ltd (“CBI”) and serves only as a summary of the main provision of CBI’s general terms and conditions of
sale. The latter shall prevail in all circumstances should there be any conflict between them and this abridged
version of the general terms and conditions of sale. A copy of the general terms and conditions of sale is
available upon request.
1.APPLICABILITY, PRECEDENCE shall exclude Value Added Tax which will be separately quoted.
1.1 This Agreement (as defined below): 3.2 Prices are stated and delivery will be according to the Incoterm agreed upon in the BAF.
1.1.1 shall govern all transactions for the sale of Goods (as defined below), by: If no other specific Incoterm is agreed therein, then by default the applicable Incoterm shall
1.1.1.1 Circuit Breaker Industries (Pty) Ltd t/a CBI-Electric: Low Voltage (registration number be Ex- Works, the Seller’s factory, Elandsfontein, Gauteng (EXW).
1943/15747/07) of 1 Tripswitch Drive, Elandsfontein, Johannesburg, South Africa (hereinafter 3.3 If specific prices are not quoted in writing for a PO, the price of any Goods shall be the
the “Seller”, as further defined below), to price stated in the Seller’s standard price list in force at the date of quotation of the Goods.
1.1.1.2 the legal/natural person/s identified and described on the Buyer Application Form (the 3.4 The price of Goods sold to the Buyer is strictly net and not subject to any discounts
“BAF”) hereto (hereinafter the “Buyer”, as further defined below); unless otherwise agreed upon in writing. If any discount is so agreed, it shall only be allowed
1.1.2 will only be amended or varied or cancelled or replaced or waived to the extent if payment is received by the Seller strictly by the due date and shall only apply to the actual
expressly agreed to in writing and signed by the authorised representatives of each Party; price of the Goods themselves and not to any transport costs, insurance, storage charges or
1.1.3 shall supersede, overrule and prevail over any terms and conditions of contract of the other duties or taxes.
Buyer, either as submitted in documentary form to the Seller or found elsewhere, including on 3.5 The sale of the Goods reflected on the invoice in question does not include installation
any website, unless specifically otherwise agreed between the Parties in writing. costs unless otherwise so agreed in writing.
1.1.4 If there are any discrepancies or conflict between the provisions of the terms and 4 PAYMENT TERMS
conditions contained in clauses 1 to 21 hereof, and: 4.1 The prices for the Goods and all other amounts due under this Agreement shall be due
1.1.4.1 any annexure/s hereto (clause 23 and further), the provisions of the annexure/s and payable within the period of the credit terms, agreed to between the Parties in writing,
shall prevail; calculated from date of the Seller’s monthly statement.
1.1.4.2 the completed BAF, these terms and conditions shall prevail; 4.2 If not otherwise agreed in writing, payment shall be made by electronic funds transfer into
1.1.4.3 any accepted Purchase Order (as defined below), the provisions of the accepted the Seller’s nominated bank account in clause 6 and the Buyer shall immediately e-mail proof
Purchase Order shall prevail in respect of that specific Purchase Order only. of payment to the Seller. The Buyer shall be deemed to have paid the amount stated on the
2 INTERPRETATION, DEFINITIONS proof of payment only after the Seller has actually received the payment.
2.1 In this Agreement: 4.3 In the event that the Seller shall agree (in writing) to permit that payment be made by way
2.1.1 clause headings are for reference purposes only and shall not influence the of a letter of credit, such letter of credit shall be drawn on a bank acceptable to the Seller and
interpretation; on terms and conditions as may be acceptable to it, in its sole discretion.
2.1.2 reference to: 4.4 Any late payment of amounts that are due and payable by the Buyer to the Seller under
2.1.2.1 one gender shall include the other genders; this Agreement may attract interest at rate of prime interest rate quoted by Nedbank Limited
2.1.2.2 natural persons include juristic persons and vice versa; from time to time per annum plus the amount of percentage points agreed in the BAF,
Technical Section
2.1.2.3 the singular shall include the plural and vice versa; compounded monthly in arrears.
2.1.2.4 days, months or years shall be construed as Gregorian calendar days, months or 4.5 All payments received by the Seller, shall be appropriated firstly in respect of interest and
years; thereafter in respect of capital amounts payable, it being recorded and agreed that the Seller
2.1.3 if any provision in a definition is a substantive provision conferring rights or imposing shall be entitled to appropriate payments received from the Buyer to whichever of the Buyer’s
obligations on a Party (as defined below), effect shall be given to it as if it were a substantive debts as the Seller may in its sole discretion elect.
provision in the body of the Agreement; 4.6 A certificate issued and signed by a director or duly authorised manager of the Seller,
2.1.4 where figures are referred to in numerals and in words, if there is any conflict, the whose authority need not be proved, stating the amount owing and/or the amount of interest
words shall prevail; payable by the Buyer, is prima facie proof of the facts stated therein and the amount of
2.1.5 all annexures hereto shall be deemed to be incorporated herein and shall form an the indebtedness of the Buyer to the Seller. The certificate may be used in support of any
integral part hereof; application by the Seller for default- or summary judgment, provisional sentence, or any other
2.1.6 expressions defined in this Agreement shall bear the same meanings in annexures legal or arbitration proceedings.
hereto; 4.7 The Buyer shall not be entitled to withhold payment of the prices or any other amount
2.1.7 durations shall be reckoned exclusively of the first and inclusively of the last day. legally due for any reason whatsoever, notwithstanding that a dispute may be pending
2.2 The following capitalised terms shall have the meanings assigned to them hereunder and between the Parties or as a retention or as a result of a third party not paying the Buyer
cognate expressions shall have corresponding meanings: for any Goods sold to them, nor shall the Buyer be entitled to make any deduction from the
2.2.1 “Agreement” means: prices or any other amount due, or to set off any alleged claim against the amounts due by
(i) the completed BAF, the Buyer to the Seller.
(ii) these terms and conditions (clauses 1 to 21), 4.8 The Buyer may not cancel any Purchase Order placed, except upon written notice and
(iii) any annexure hereto (clause/s 23 and further), only if accepted by the Seller (in writing) on payment of a reasonable cancellation charge
(iv) any Purchase Order accepted hereunder, determined by the Seller.
as the same may be amended, modified or supplemented from time to time in accordance 4.9 The Buyer hereby acknowledges and agrees that information regarding its payment
with the terms of this Agreement. behaviour may be disclosed to any registered credit bureau and/or any other suppliers.
2.2.2 “BAF” means the buyer application form, (forming part of 5 BANK ACCOUNT DETAILS
this Agreement), which shall be fully completed by the Buyer before Signature Date, by 5.1 The Seller’s bank account details are attached hereto, as Annexure “B” (clause 24).
including the requested information thereon. 5.2 This banking account details will not be amended by the Seller by way of email or
2.2.3 “Business Day” means any day except a Saturday, Sunday or statutory public holiday telephone, but will only be amended by written notification by the appointed representative
in South Africa. of the Seller.
2.2.4 “Buyer” means the Party identified and more fully described as the Buyer 5.3 The Buyer indemnifies and shall hold the Seller harmless against any claim, damage,
in the BAF, to whom the Seller sells the Goods under this Agreement. cost, liability and expense including reasonable attorney’s fees caused by, relating to or
2.2.5 “Commercial Use” means use by the Buyer of the Goods in the ordinary course of arising from the Buyer making payment into any other account than the above mentioned
business, or substantial readiness for such use. account.
2.2.6 “Corrupt Act” means any offence in respect of corruption or corrupt activities 6 DELIVERY
contemplated in the Prevention and Combatting of Corrupt Activities Act, 12 of 2004. 6.1 Goods delivered in terms of the Seller’s local ordering policy within South Africa, shall be
2.2.7 “CPA” means the Consumer Protection Act, 68 of 2008. delivered by the Seller according to the agreed Incoterm (BAF) or failing which, at the Seller’s
2.2.8 “Delivery” means, regardless whether the word is capitalised or not, delivery cost and discretion, either by post to the Buyer at the Buyer’s place of business, or delivered
of Goods in accordance with the applicable Incoterms. by road or rail to the Buyer’s place of business.
2.2.9 “Effective Date” means, irrespective of Signature Date, the date on which the Purchase 6.2 If Goods are mailed, delivery will take place upon posting, even if the use of post was
Order is accepted by the Seller and any suspensive conditions agreed to by the Parties have not authorised by the Buyer.
been fulfilled. 6.3 If any permit, licence or authorisation is required for
2.2.10 “Goods” means the circuit breakers, equipment, parts, components, and 6.3.1 the export of Goods from South Africa and/or import into the Buyer’s country;
materials sold by the Seller to the Buyer under this Agreement, as set out in a PO. 6.3.2 the transport of Goods, or
2.2.11 “Incoterms” means the International Commercial Terms 2010 rules, published by the 6.3.3 payment to be effected in accordance with this Agreement,
International Chamber of Commerce. then, subject to the applicable Incoterms agreed to herein, the Buyer shall obtain such permit,
2.2.12 “Intellectual Property” means all intellectual property rights, whether registered or licence or authorisation timeously and at its own cost.
unregistered in any jurisdiction, including but not limited to know- how, designs, copyright, 6.4 Should the Seller at the Buyer’s request, which request may be granted or refused at the
registered trademarks and applications therefor, registered designs and applications therefor, Seller’s sole discretion, agree to engage a third party (“Shipping Agent”) to supply courier or
patents and applications therefor. transport services in regards to the Goods on behalf of the Buyer, then the Seller is hereby:
2.2.13 “Parties” means the Buyer and the Seller collectively, and “Party” means 6.4.1 authorised to engage a Shipping Agent as agent for the Buyer on such terms and
either of them. conditions as it deems fit; and
2.2.14 “POPI” means the Protection of Personal Information Act, 4 of 2013. 6.4.2 indemnified by the Buyer against all demands and claims which may be made against
2.2.15 “Proof of Delivery”, “POD” means written acknowledgement by the Buyer that the it by the Shipping Agent so engaged and all liability which the Seller may incur to the Shipping
Goods have been duly delivered, as provided in clause 6. Agent or any third party arising out of the transportation of the Goods.
2.2.16 “Purchase Order/PO” means an official, written order issued by the Buyer to the Seller 6.5 The Buyer shall immediately upon receipt thereof check the content of the Goods.
to supply Goods. On signature of the Proof of Delivery by any employee or agent of the Buyer, the Buyer is
2.2.17 “Seller” means Circuit Breaker Industries (Pty) Ltd, t/a CBI-Electric: Low deemed to have received the Goods referred to in the Purchase Order or any other delivery
Voltage, the Party selling the Goods to the Buyer under this Agreement. notice, without shortage or visual defect and the Buyer shall have no claim against the Seller
2.2.18 “Signature Date” means the date last in time on which either Party signs this for non-delivery of, or shortages or visual defects in the Goods. Should the Buyer fail to
Agreement, as indicated in clause 21. sign the Proof of Delivery prior to the Shipping Agent’s or Buyer’s vehicle leaving the point
2.2.19 “South Africa” means the Republic of South Africa. of delivery, the signature of a representative of the Seller shall be prima facie proof that the
2.2.20 “Warranty Period” means the specific period of time for which the warranty is granted Goods were delivered without visual defect or shortage.
for a specific type and range of Goods, as stated in clause 23 (Annexure “A” hereto), and as 6.6 Time is not of the essence for Delivery of the Goods, and the Seller shall not be liable for
described more fully in clause 10.2 hereof. any loss or damage of any nature whatsoever, should delivery of Goods not be made within
3 PRICES the period stated in the Purchase Order or the Seller’s documentation.
3.1 All prices are quoted in the currency agreed to, and if it is South African Rand (ZAR), it 6.7 Should delivery of any Goods not be accepted by the Buyer, consignee or party
Page 104
AGREED GENERAL TERMS & CONDITIONS OF SALES
nominated by the Buyer to accept delivery, then the Seller shall, in its sole discretion: 12 INTELLECTUAL PROPERTY
6.7.1 be entitled to return and store the Goods and any part thereof at no risk to the Seller 12.1 The Seller and its licensors retain all Intellectual Property rights to, and in respect of,
and at the expense of the Buyer; or the Goods and related items. The Buyer shall only use the Goods and related items subject
6.7.2 sell the Goods in execution and retain the proceeds thereof as rouwkoop or as liquidated to this Agreement and for the purposes for which they have been developed, manufactured
damages for the settlement or part settlement of the return and storage of the Goods. and supplied to the Buyer.
7 STANDARDS AND TESTING 12.2 Without limitation to the above, the Buyer shall not have any right directly or indirectly to
7.1 The Goods shall comply to those standards indicated on the particulars Goods, as well copy, reverse engineer or manufacture the Goods, or to license, lease, dispose of, distribute,
as applicable legislation and safety standards that are prescribed for the particular Goods. disclose or otherwise exploit any Intellectual Property whatsoever of the Seller and its
7.2 No provision has been made in the prices of the Goods for the performance of any licensors, or any part thereof, or allow others to do so.
special or additional tests and, subject to clause 7.4 below, the Seller shall not be liable for 12.3 Should the Buyer become aware of any threatened or actual infringement of any
the performance of such special or additional tests. Intellectual Property of the Seller or its licensors, then the Buyer shall forthwith, in writing
7.3 If any acceptance tests are agreed by the Parties, Commercial Use constitutes final inform the Seller accordingly and shall provide such cooperation and assistance as the Seller
acceptance regardless whether the tests have been carried out or not. may reasonably require in the enforcement of its rights against any person.
7.4 If the Buyer requests the Seller to do special or additional tests over and above the 12.4 In the event of any claim being proved by a third party in respect of an infringement
standard prescribed tests, the Seller may in its sole discretion do so, subject to the Parties of any Intellectual Property rights relating to any part of the Goods (other than a part based
agreeing to a price for such testing. on a design or instructions furnished by the Buyer), the Seller shall at its expense and sole
8 RISK, OWNERSHIP AND INSURANCE election either replace or modify such part with a non-infringing part or procure the right for
8.1 The risk passes to the Buyer in terms of the stated and agreed Incoterm (BAF). the Buyer to use such a part, provided that the Seller is given full opportunity to conduct all
8.2 Notwithstanding the date of Delivery and notwithstanding the date of passing of the risk, negotiations in respect of such claim. Such claim shall not be acknowledged or settled by the
ownership in the Goods only passes to the Buyer on receipt by the Seller of the full price in Buyer without prior written consent of the Seller.
respect of the Goods. 12.5 The Buyer warrants that any design or instructions furnished by it shall not be such as to
8.3 The Buyer shall at all times fully and adequately insure those Goods supplied to it, but cause the Goods to infringe any Intellectual Property rights of a third party.
wherein ownership has not yet passed to it, against all forms of loss. 13 CONFIDENTIALITY AND POPI
8.4 Pending payment to the Seller for Goods purchased, all benefits in terms of the insurance 13.1 Confidential information includes, without limitation:
policy relating to the insurance of such Goods, are hereby ceded to the Seller. 13.1.1 information relating to the Goods and the Intellectual Property, know-how, methods
9 APPOINTED REPRESENTATIVES and techniques employed by a Party; and
9.1 In the BAF, the Seller and the Buyer each appoints a representative to liaise with the 13.1.2 financial and commercial information regarding this Agreement, or a Party in relation
other regarding day-to-day decisions in connection with the performance of this Agreement. to its obligations pursuant to this Agreement.
The appointed representatives shall each have the power to make all such decisions as may 13.2 Each Party shall not (and shall take all reasonable steps to ensure that its employees
be required from him by the other Party (except to vary the Agreement or any price or amount and agents shall not) for the duration of this Agreement, or at any time after the expiration
due hereunder) and the other Party shall be entitled to act upon such decisions. or termination of this Agreement for any reason, disclose to any person (other than to its
9.2 The Parties shall not accept instructions or requests from the other Party other than professional advisers on a need to know basis, or in compliance with a court order) or
through the appointed representative, and all such instructions and/or requests shall be in otherwise make use of any confidential information of the other Party.
writing. 13.3 Nothing in this clause 13 shall restrict the rights of either Party to use such information
9.3 The appointed representative of a Party may be changed by written notice. or documents for the purposes of legal enforcement of this Agreement in accordance with
10 WARRANTY AND RETURN OF GOODS its terms
Technical Section
10.1 The Seller shall not be liable on the ground of any common law warranty in respect 13.4 The Buyer is hereby notified, and therefore acknowledges, consents to and agrees that,
of the Goods, including without limitation against latent defects in, or relating to “fitness for in terms of the provisions of POPI and subject to this clause 13, the personal information
purpose” of, the Goods. supplied by it and the information relating to the Goods (collectively referred to as the “Data”)
10.2 Subject to clause 10.1, the Seller warrants that the type of Goods listed in clause 23.1 is necessary and required for the successful conclusion of the transaction/s under this
(Annexure “A”) hereto, will be free from defects in material and workmanship under normal Agreement, the enforcement of rights and performance of obligations arising herefrom as
use and service for the particular Warranty Period, agreed to in that clause. The Warranty well as the rendering of services in terms hereof, and that the Data will not be disclosed to
Period shall never be longer than the specific period prescribed for the particular type of any unauthorised parties.
Goods. The Warranty Period commences on the date of manufacturing of the Goods. 13.5 The Buyer consents to the processing of the Data by the Seller in accordance with the
10.3 The Seller shall make good any defect, by repair or at its option replacement, which provisions of this Agreement and POPI.
appears in the Goods during the applicable Warranty Period, provided that: 14 BREACH AND INSOLVENCY
10.3.1 the Seller is notified in writing within 5 (five) Business Days of the alleged defect 14.1 Should either Party fail to remedy any breach of contract within 10 (ten) Business Days
occurring, and of a written request by the other Party to do so, then in such event that other Party may,
10.3.2 the Buyer has fulfilled all its obligations under this Agreement. without prejudice to any of its rights in terms of the Agreement or in law, cancel the Agreement
10.4 The provisions of clause 10.3 shall however not apply where the defect in the Goods by written notice with immediate effect, with or without claiming damages.
arose, in the Seller’s reasonable opinion: 14.2 In the event that a Party:
10.4.1 due to the modification of or incorrect application of the Goods, the unauthorised 14.2.1 commits an act of insolvency;
tampering, or the changing or adjustments in, or any other unauthorised modifications of the 14.2.2 is placed under a provisional or final winding-up, or is subject to business rescue
Goods in question (including seals, date stamps or coding); or proceedings;
10.4.2 as a result of force majeure (as defined below), lightning, water, electromagnetic 14.2.3 suffers that its credit rating is downgraded or its credit facilities withdrawn or rejected
disturbances, dust or other environmental conditions, unless the Seller has warranted to the by any financial institution or credit bureau;
Buyer that the Goods in question were specifically designed to cater for such conditions or 14.2.4 fails to satisfy or take steps to have set aside any judgment taken against it within 15
contingencies. (fifteen) Business Days after such judgment has come to its notice;
10.5 Without derogating from the provisions of clauses 10.1 to 10.4 above, and in the event then the other Party may terminate the Agreement on written notice with immediate effect.
that the Seller shall in writing agree to replace or repair or examine any Goods in order to 14.3 Nothing in this clause 14 shall prevent a Party from claiming specific performance or
determine whether it is prepared to replace or repair such Goods: damages for any breach, or from terminating the Agreement by written notice with immediate
10.5.1 the Buyer shall be liable to pay for the cost of delivering the Goods in question to effect for any material breach of contract.
the Seller; 15 DISPUTE RESOLUTION AND GOVERNING LAW
10.5.2 the Seller shall be entitled to levy, in which event the Buyer shall pay in advance, a 15.1 The Seller shall always have the right to elect to institute action or any other form of
handling fee up to a maximum of 10 % (ten percent) of the purchase price of such Goods, litigation, for payment of the prices and any other amounts due under the Agreement in any
which handling fee may also be payable in those circumstances where the Seller shall refuse court of competent jurisdiction. The Buyer agrees that this shall include any Magistrate’s
to repair or replace such Goods; and Court having jurisdiction over the Buyer, even if the claim or the value of the matter in dispute
10.5.3 the Seller shall not be liable to the Buyer for any loss or damage of whatsoever nature exceeds the monetary jurisdiction limit of the Magistrate’s Court, and it accordingly hereby
suffered by it in the event that any Goods are lost or damaged while in the Seller’s possession consents to the jurisdiction of such Magistrate’s Court.
and under its control, under the above circumstances. 15.2 In the event of any disagreement or claim (“Dispute”) arising out of or relating to this
10.6 Further without derogating from the provisions of the previous clauses (10.1 to 10.5), Agreement (including without limitation as to its existence or validity), the senior executives
the Seller may in its sole discretion determine whether correctly supplied and invoiced Goods, of the Parties or their delegates designated in writing shall endeavour to settle the Dispute
and which have no defects or are not subject to any claim, will be returned, and whether through bona fide negotiations within 10 (ten) Business Days of the Dispute being referred to
handling charges will be levied therefore. them by written notice from either Party.
10.7 Further to the provisions of clause 10.6 above, and if in the exercise of its discretion, the 16.3 Should the Parties be unable to settle the Dispute by the means and within the time
Seller, at the request of the Buyer agrees, to accept the return of any such Goods for credit, frame stated above, either Party may refer the Dispute for final decision by arbitration in
then the Seller shall be entitled, without the necessity of any further agreement, to claim from accordance with the rules for commercial arbitrations (“Rules”) of the Arbitration Foundation
the Buyer a handling fee up to a maximum of 10 % (ten percent) of the invoice price of the of Southern Africa (“AFSA”), by one or more arbitrator/s appointed in accordance with the
Goods so returned. Rules.
11 CPA 15.4 Unless otherwise agreed in writing the arbitration shall be held in Pretoria and conducted
11.1 The Buyer warrants and represents that, to the extent that its activities are subject to the in the English language. Only the Parties and their legal representatives or persons agreed to
CPA, it shall ensure compliance with all provisions of the CPA in its dealings with end-users of shall attend the arbitration proceedings.
the Goods or consumers, irrespective of the provisions of this Agreement. 15.5 The decision of the arbitrator/s may be made an order of court.
11.2 The Buyer acknowledges that if, at Signature Date, it is a juristic person (as defined in 15.6 This Agreement shall in all respects be governed by the law of South Africa, without
the CPA), and its annual turnover or asset value, as indicated in the BAF: regard to its conflict of law provisions. The application of the United Nations Convention on
11.2.1 exceeds the threshold determination stated in section 5 the CPA, the transaction/s Contracts for the International Sale of Goods (CISG) of 11 April 1980, shall be excluded.
contemplated in terms of this Agreement is exempt from the majority of the provisions of the 15.7 This clause 15 is severable from the rest of the Agreement and shall survive the expiry
CPA, alternatively or termination for whatsoever reason of the Agreement.
11.2.2 does not exceed the stated threshold, then the Buyer is a protected consumer under 16 URGENT RELIEF
the CPA. The provisions of clause 16 shall not preclude either Party from access to a competent court
11.3 The Seller’s sole obligations and responsibilities to the Buyer in relation to the Goods of law for relief in the form of an interdict, including a mandatory interdict or an order for
shall be in terms of the warranty as set out in clause 10. Furthermore, insofar as this specific performance.
Agreement or the relevant transaction/s thereunder is/are subject to the provisions of the 17 LIMITATION OF LIABILITY AND INDEMNITY
CPA, the Seller indemnifies the Buyer under the provisions of clause 17.4.1, if harm arising 17.1 Neither Party shall be liable to the other for any loss of profit, loss of use, interruption or
from the death or personal injury is caused by the Goods supplied by the Seller, subject to reduction of operation, loss of data (including the recovery thereof), loss of production, loss of
the limitations and/ or exclusions and/or effects of sub- sections 61 (4) and 61 (6) of the CPA. contracts or for any indirect or consequential damage that may be suffered by the other even
11.4 In amplification of the above, this Agreement is concluded without prejudice to any rights if advised of the possibility of such damages and regardless of the form in which any action is
or defences which the Seller may have under the CPA, or otherwise at law in respect of any brought. This waiver of all the classes of damages stated herein, shall survive termination of
claims made or brought against it by the Buyer and/or any consumer or end-user protected this Agreement for whatever reason.
under the CPA, or the purchaser of any Goods, supplied by the Seller. 17.2 Neither Party’s aggregate liability to the other for any claim or claims for damages, out
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AGREED GENERAL TERMS & CONDITIONS OF SALES
of or in connection with any cause arising from this Agreement, whether in contract or delict 20.4.2.1 will constitute a waiver or abandonment of rights in respect of any subsequent
or any other cause of action, will in any event exceed 100 % (one hundred percent) of the breach of the same or any other provision, and
value of the Goods and 20.4.2.2 shall be binding on it unless such waiver or abandonment is in writing and signed
Services supplied to the Buyer under this Agreement during the 12 (twelve) months by it.
immediately prior to the events leading to the cause of action. 20.5 Force Majeure
17.3 Nothing contained in clauses 17.1 and 17.2 above shall limit either Party’s liability to 20.5.1 Failure to comply with any of the terms and conditions of the Agreement if occasioned
the other in respect of: by or resulting from an act of nature or public enemy, fire, explosion, earthquake, perils of the
17.3.1 death or injury of any person, or damage to property; sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war,
17.3.2 infringement of Intellectual Property rights; revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions,
17.3.3 breach of confidentiality; epidemics, act of any government or other authority, compliance with government orders,
17.3.4 the warranties and indemnities contained in the Information Warranty and clauses demands or regulations, as well as shortages, interruptions, fluctuations or the unavailability
5.3, 6.4.2 and 12.5; or of electrical power, water supply or means of communication or any circumstances of like or
17.3.5 intentional, fraudulent or criminal acts. different nature beyond the reasonable control of the Party so failing (“force majeure”), will
17.4 Subject to clauses 16.1, 16.2 and 16.3 above, each Party (the “Indemnifying Party”) not be deemed to be a breach of the Agreement, nor will it subject either Party to any liability
agrees to defend, indemnify and hold the other Party, its directors, employees, agents and to the other.
other members of its group of companies, as that term is defined in the Companies Act 71 20.5.2 Should a Party’s performance of an obligation become temporarily impossible owing
of 2008, (each an “Indemnified Party”) harmless from any claim, damage, cost, liability and to force majeure, that Party shall:
expense including reasonable attorney’s fees caused by, relating to or arising from: 20.5.2.1 as soon as reasonably possible after the force majeure sets in notify the other Party
17.4.1 the acts or omissions of the Indemnifying Party, its directors, employees or agents; in writing of the incidence of force majeure;
17.4.2 any alleged delict, or breach of any contractual right of a third party, or infringement 20.5.2.2 be released from performance of the affected obligation for so long as the force
of any Intellectual Property rights of a third party, or confidentiality obligations, or rights of majeure prevails;
privacy and publicity resulting from, relating to or arising out of the acts or omissions of the 20.5.2.3 use its best endeavours to recommence performance of the affected obligation, to
Indemnifying Party, except where any such claim relates to or arises out of any material whatever extent reasonably possible, without delay; and
furnished by the Indemnified Party. 20.5.2.4 co-operate with the other Party in implementing such contingency measures as the
17.5 The Parties will co-operate in the defence of any matter arising from an indemnity other Party may reasonably require.
under clause 17.4. A Party has the right to participate in the conduct of the defence with legal 20.5.3 If some of the Goods (or any part thereof) ordered under a PO have been delivered,
counsel chosen by it. but not all of the Goods (so ordered under that PO) as a result of force majeure, the Buyer
18 NOTICES AND DOMICILIUM shall pay to the Seller that proportion of the stated price appropriate to the Goods (or any part
18.1 For the purposes of this Agreement, including the giving of notices and the serving thereof) which have been delivered.
of legal process, the Seller chooses the address set out in clause 1.1.1.1 above, and the 20.5.4 Should the circumstances of force majeure continue for longer than 20 (twenty)
Buyer chooses the address as set out in the Physical address of the form, as their respective Business Days, either Party shall be entitled to terminate the relevant PO, or if appropriate
domicilia citandi et executandi. the Agreement, with immediate effect by written notice.
18.2 Any notice addressed to a Party shall be delivered by hand during office hours to its 20.6 Cession and Delegation
physical address, and shall be deemed to be received (unless the contrary is proved) on the A Party cannot validly cede any right or delegate any obligation arising under this Agreement
Technical Section
day of delivery. without the prior written consent of the other Party, which consent shall not be unreasonably
18.3 Although the Parties may correspond via electronic mail for operational purposes, no withheld. Notwithstanding the above, the Seller may by written notice to the Buyer cede and
valid notice under, or amendment to the terms of, this Agreement may be given or concluded delegate this Agreement to any other company controlled by Reunert Limited 1913/004355/06.
by way of a data message as defined in the Electronic Communications and Transactions 20.7 Warranties
Act, 25 of 2002. No Party has given any warranty or made any representation to the other Party, other than as
18.4 A Party may by written notice to the other Party change its domicilium to another expressly set out in this Agreement. No Agency
address in South Africa which is not exclusively a post office box or poste restante. The 20.8 No Agency
change will become effective on the 5th (fifth) day following deemed receipt of the notice. The Seller is an independent contractor of the Buyer and nothing in this Agreement constitutes
18.5 No provision of this domicilium clause shall be taken as affecting the validity of any a relationship of employment, agency, joint venture or partnership between the Parties. A
notice which is actually received by a Party, whether at its domicilium or not and whether Party shall not hold itself out as being an agent or partner of the other Party, or as being in
delivered in terms of the express provisions of this domicilium clause or not and any notice a joint venture with the other Party. A Party shall not assume or create or attempt to assume
which is actually received by a Party shall be deemed to be notice validly given. or create directly or indirectly any obligation on behalf of or in the name of the other Party.
19 COMPLIANCE WITH LAWS AND ANTI-CORRUPTION 20.9 Co-operation and Support
19.1 Each Party shall in all matters arising from or relating to the fulfilment of this Agreement Each Party undertakes at all times to use commercially reasonable efforts to co-operate, to
conform at its own expense with all laws and legislation relevant hereto. perform all such actions and take such steps and to procure the cooperation, the performance
19.2 The Parties shall not be entitled to claim or receive any benefits or rewards arising from of all such actions and taking of all such steps as may be open to it and necessary for and
the Agreement, other than specifically provided for in this Agreement. incidental to the putting into effect and maintenance of the provisions of this Agreement.
19.3 Each Party confirms that neither it nor any of its employees, associates or agents 20.10 Non Solicitation
have committed, or admitted to, or have been convicted of, any Corrupt Act in relation to the A Party shall not, at any stage after the commencement of this Agreement, and for a period
Agreement and that it has ensured that all anti-corruption laws, internal processes and anti- of 12 (twelve) months after this Agreement has terminated, make any offers of employment
corruption preventative measures have been complied with, prior to Signature Date. Each to any Staff Member, who is or has been employed by the other Party and has been involved
Party will further ensure that all anti-corruption laws, internal processes and anti-corruption in the execution of this Agreement. The aforementioned restraint shall not be applicable in
preventative measures will continue to be complied with for the duration hereof. the event where the prior written approval to make such an offer has been obtained from the
19.4 Failure by a Party to comply with this clause 19 shall constitute a material breach of other Party who is or has been the employer of such Staff Member. For the purpose of this
contract. clause “Staff Member” shall include permanent and part-time employees of a Party, and of a
20 GENERAL Party’s suppliers under this Agreement. Should a Party breach this restraint, it shall pay as
20.1 Validity and Severability liquidated damages to the other Party upon such breach an amount equivalent to the gross
If any provision of this Agreement is found or held to be invalid or unenforceable, the validity annual salary as calculated immediately prior to the breach (including any commissions and
of all the other provisions hereof will not be affected thereby and the Parties agree to meet other payments) of such Staff Member.
and review the matter, and if any valid and enforceable means is reasonably available to 20.11 Entire Agreement
achieve the same objective as the invalid or unenforceable provision, to adopt such means The terms contained in this Agreement constitute the entire agreement between the Parties
by way of variation of this Agreement. with respect to the subject matter hereof, superseding all contemporaneous oral agreements
20.2 Contra Proferentem and prior oral and written quotations, communications, agreements, and understanding of
The rule of construction that in the event of any uncertainty in any provision in any agreement, the Parties.
such agreement shall, in construing/interpreting the uncertainty, be construed or interpreted 20.12 Language
against the drafter of such agreement, shall not be applicable to this Agreement. The ruling language of this Agreement and for communications and notices shall be English.
20.3 Variation All documents, manuals, certificates, notices, materials and training, if any, to be supplied by
No variation or cancellation of, or addition to this Agreement will be of any force or effect a Party under this Agreement shall be in English.
unless reduced to writing and signed by the Parties. 20.13 Costs
20.4 Indulgence and Waiver 20.13.1 Each Party shall bear its own legal costs and disbursements of and incidental to the
20.4.1 No indulgence, extension of time, relaxation or latitude which a Party may show, grant negotiation, preparation, settling, signing and implementation of this Agreement.
or allow to the other Party, shall constitute a waiver by it of any of its rights and it shall not 20.13.2 Any legal costs incurred by a Party arising out of or in connection with a breach
thereby be prejudiced or estopped from exercising any of its rights against the other Party by the other Party, shall be borne by the Party in breach on a scale as between attorney and
which may have arisen in the past, or which might arise in the future. client, including but not limited to, collection charges and tracing costs.
20.4.2 No waiver or abandonment on the part of a Party of any rights arising from a breach
of any provision of this Agreement:
Refer to our website for the full Term’s and Conditions of Sales
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CIRCUIT BREAKER INDUSTRIES PRODUCT WARRANTY
All products sold are subject to the Circuit Breaker Industries General Terms and Conditions of Sale. The
applicable product warranties are depicted in Table 1 below:
Thermal-Magnetic /
AE ACB 24 Months
Electronic
Warranty is
QA17 / QF17 / QA36 / SF15 / Earth
Hydraulic-Magnetic 12 Months from date of
SF36 / SM15 / SM36 Leakages
manufacture
Auxiliary
QAT-TRDM / SAK Various 12 Months
Products
Exclusions
All products returned to Circuit Breaker Industries under warranty claim will be subject to a failure investigation
to determine the validity of the communicated failure. The following conditions are not considered as a product
failure, as such will not qualify as a warranty claim:
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