CONDITIONS OF SALE
NOTE: These conditions are summary of our comprehensive conditions as stated on our website at
1. PRICE AND PAYMENT
- The purchase price applicable will be that referenced in the invoice on the reserve hereof. Price charged will be strictly nett and not subject to any discounted/rebate, unless otherwise agreed in writing between parties.
- Purchase shall be treated on the basis of cash on delivery, alternatively as dictated by the credit facilities held by Customer with the Company (if any). The Customer shall nit withhold payment to the company for any reason.
- In the event that Customer is juristic person, all amounts not paid the Customer on due date for the payment, shall bear interest at the prevailing prime overdraft rate charge by our Bank from time to time plus 5% (five percent) capitalised monthly in arrears, from the date on which payment is received in full. I the event that the Customer is natural person, all amount payed by customer on the date of the payment, shall bear interest at the maximum rate of the interest permitted under the National Credit Act from time to time with regard to incidental credit agreement.
- All payments received by the Company shall be appropriated firstly towards levied interest and thereafter to capital.
- A Certificate under the hand of any member, shareholder director/or manager of the Company as the existence an the amount od the Customer indebtedness to the Company at any time, as to the fact that such amount is due and payable, the amount of interest accrued thereon and as any other fact, matters of things relating to the Customer’s indebtedness to the Company, shall be prima facie proof of the contents and correctness thereof for the purposes of provisional sentence, summary judgement of any other proceedings of whatsoever nature against the Customer in any competent court and shall be valid as a liquid document for such purpose.
- The person signing this invoice irrevocably and unconditionally binds himself, jointly and severally, with the Customer for due and punctual payment of each amount due and owing to the Company by the Customer.
2. RISK AND OWNERSHIP
- Ownership and benefit in the Product shall remain vested in the Company until such time as the Company has received payment of the full purchase price related thereto. All risk, liability and responsibility in the Product shall pass the Customer on either the due delivery date, if the Customer has not taken possession of the Products, or on the moment delivery has been completed, whichever occurs first.
- All Products shall be delivered by the Company on the basis of EX-Works (as defined in the incoterms 2010).
3. PRODUCT SPECIFICATIONS AND WARRANTIES
- It shall at all times be the sole an absolute responsibility and liability of the Customer to ensure that correct and accurate Products are delivered to it by the Company. Signature of the invoice on the reverse hereof with serve as absolute proof of Customer’s agreement with and acceptance of the entire content referenced in such that the correct and/or purchases behalf of the Customer’s due and authorised agent and his/or her signature of the said invoice will serve to bind the customer as aforementioned.
- The Company shall only accept a return of Products in circumstances where it is obliged by law to do so or where it specifically in writing agrees to do so. In events where the Company’s acceptance of the return as prescribed and necessitated by law. It shall deal with the return as prescribed by law. In events where the Company’s acceptance of return on its agreement to such return the Company may, In a sole and absolute discretion, determine whether it will refund the Customer the amount/s paid or whether it will repair the Products, or whether it will replace the products and the cost and risk regarding such a return shall be carried by Customer.
- The Company does not deliver or provide any guarantees, / warranties of any nature whatsoever with regard to any Products, except for those that prescribed by the law or which are expressly provided in writing by the Company.
4. LIMITATION OF LIABILITY
- The Company shall be exempted from and shall not be liable under any circumstances whatsoever for any indirect, special or consequential damages of any nature whatsoever which Customer’s or any else may suffer due to any cause whatsoever.
- All Products are retailed/ provided to the Company by its supplier’s guise and on the presumption that the same complies with relevant and required specifications, regulations, standards etc. Under no circumstances and for no reason whatsoever shall the Company be required or liable to verify, ensure or test compliances of any Products with any relevant specifications, regulations. And/or standards. The Customer shall always have due to regard for the Company’s roles and functions as distributors and / or retail Products. This includes regard to the fact that it would be unreasonable to expect the Company to discover certain unsafe product characteristics, failure, defect or hazard with regard to the Products it markets and sells. The Customer furthermore acknowledges and accepts that any unsafe product characteristics, failures, defects or hazards arising/existing most likely existed in the products at the time they were supplied to the Company by its suppliers or would most likely be attributable to compliance by the Company with instructions provided by its suppliers.
- These terms and conditions shall be governed by and interpreted in accordance with the laws and regulations of the Republic of South Africa.