1.Terms and Conditions of Sale
2. Definitions – The following terms shall have the following meanings unless otherwise determined by the context. Clause headings appearing in these terms shall not affect the interpretation.
2.1. “Company” means the seller of the Products reflected on the invoice;
2.2. “CPA” means the Consumer Protection Act 68 of 2008
2.3. “Customer” is the person, natural or otherwise, identified and named as Buyer on the front of the invoice;
2.4. “NCA” means the National Credit Act 34 0f 2005;
2.5. “Products” means any product sold by the Company and shall, where applicable, include any ancillary services.
3.1. The Customer shall be bound by these standard terms and conditions of sale in all transactions for the purchase of Products, Parts and Services.
4.1. The purchase price for the Products, Parts and Services shall be the price as reflected on the invoice
5.1. Payment for the goods or services will be immediately due and payable when the Customer accepts the invoice transaction and a payment will be made upfront by the Customer before delivery takes place.
5.2. Payment will be made in South African Rands or alternatively the agreed South African Rands exchange rate conversion for the invoice at the transaction date.
6. Delivery of the Products, Parts and Services
6.1. When effecting delivery of the items at the Customer’s premises or when the items are loaded Into/onto the Customers vehicle, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the Company’s representative.
6.2. The transportation costs, any costs of insurance on the Products, Parts and Services shall be borne by the Customer
6.3. The Company will not be bound to any delivery requirements of the Customer and accordingly the Company shall not be liable in any manner whatsoever for failure or delay in delivery
6.4. Delivery of the Products at the premises of the Customer or when the items are loaded into/onto the Customers Vehicle or when the product leaves the premises of the Company and the Customer, an agent for the Customer, any employee or another authorized person signs this/these invoice(s) or on any delivery notice, whether direct or indirect in writing or otherwise shall serve to constitute good delivery
7. Ownership and Risk
7.1. The Company hereby reserves its rights to ownership of the Products until fully paid for by the Customer as per the signed Invoice(s).
7.2. On delivery of the Products to the Customer or when the Customer loads the Products into/into his/her vehicle and when the products leave the premises of the Company the risk in and to the Products shall pass to the Customer, notwithstanding that ownership in the Products remain vested in the Company until payment of the signed invoice(s) are paid in full.
8.1. Subject to the CPA, the Company makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products.
8.2. All conditions and warranties whatsoever whether implied or otherwise are hereby expressly excluded.
8.3. All second hand Products and Parts are sold “voetstoots” subject to the CPA
8.4. Subject to the CPA, no claim shall lie against the Company arising out of or in connection with any defects in, or unsuitability of, the Products.
9.1. Subject to the CPA, the Company shall not at any time be liable for any claims of any nature arising for direct or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies the Company against all such claims
10.1. Any credit facility extended by the Company or any associate Companies to the Customer will be at the sole discretion of the Company within its financial Terms and Conditions
10.2. Subject to the Credit Act, if applicable, the Company shall in its sole and absolute discretion be entitled to alter any credit terms granted to a Customer and the Company shall be entitled to ask the Customer, who shall be obligated, to provide guarantees to secure payment of the purchase price.
11. Customers Documents
11.1. Subject to the CPA in all transactions with the Customer, any clauses or conditions contained in, or forming part of the Customer’s documents, shall not amend or modify these terms and conditions of sale and the Company shall not be bound thereby.
11.2. These standard terms and conditions of sale shall supersede any conflicting clauses or conditions, whether verbal, contained in any of the Customer’s documents or otherwise
12.1. Should the Customer fail to make any payment to the Company as per the signed Invoices or should the Customer be in breach of any of the provisions of these standard terms and conditions of sale the Company shall be entitled to cancel any contract with the Customer with immediate effect.
13. Applicable Law and Jurisdiction
13.1. These Terms and Conditions shall be governed by the laws of South Africa. The customer hereby consents to the jurisdiction of the Magistrate’s Court notwithstanding the amount in dispute may exceed the jurisdiction of the Magistrate’s Court.
14.1. The Company will only accept returns within 7 days from date of Invoice and payment subject to: 14.1.1. The original invoice being presented
14.1.2. Final inspection and confirmation of the part failure and proof of purchase
14.1.3. A 10% handling fee will be levied on all Products and Parts returned for credit
15.1. Once a return has been approved as per clause 13 an invoice credit for future purchases will be processed
15.2. If a refund, the EFT will be processed within 7 working days of receipt of proof of the Customers bank details
15.3. Payment will be made into the account of the Customer only.
16. Natis Documents – where applicable
16.1. Vehicle Delivery/Collection will only happen subject to the following: 16.1.1. The Customer has signed the NCO document(s)
16.1.2. The Customer has furnished the Company with a certified ID copy of the Customer Proxy
16.1.3. The Company is in receipt of a copy of the Customer Business Register Certificate issued by the customer licensing authority.
17.1. No waiver by party of any breach, failure or default in performance by the other party and no failure, refusal or neglect by a party to exercise any right hereunder or to insist upon strict compliance with or performance of the other parties obligations under these Terms and Conditions shall constitute a waiver of the provisions of these Terms and Conditions
17.2. These Terms and Conditions constitute the entire agreement between the parties who acknowledge that there are no other oral or written understandings, interpretations or agreements between them relating to the subject matter of these terms and conditions
17.3. All the provisions of these Terms and Conditions shall be severable and no provision shall be affected by the invalidity of any other provision of these Terms and Conditions.
18. Terms and Conditions
18.1. These Terms and Conditions will be subject to the provisions of the CPA and the NCA.