Any order resulting herefrom shall be subject to the conditions herein unless varied by the Supplier in writing, and these conditions will take precedence over any terms, conditions or stipulations contained in any of the Buyer's documentation which may be in conflict herewith. Should the Buyer in any way purport to attach any conditions which vary, amend or are in conflict with the conditions set forth herein, then, notwithstanding anything to the contrary stipulated by the Buyer, the conditions set forth herein shall prevail and be of full force and effect unless specifically varied by the Supplier in writing with specific reference to the Buyer’s contrary documentation.
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Prices and discounts are those ruling at the date of dispatch of the goods and the Supplier reserves the right to adjust or change any prices and/or discounts at any time on reasonable notice to the Buyer.
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The Supplier’s discretion to sell in terms hereof may be guided by inter alia the following:
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The availability of stock.
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Timeous receipt by the Supplier of any drawings, designs and specifications that may be required by the Supplier from the Buyer provided that such drawings, designs and specifications shall be deemed to have been given to the Supplier for the purpose of description only and shall not form part of the contract.
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Time shall not be of the essence of the contract and delivery dates shall be treated as approximate only. Under no circumstances shall the Buyer be entitled to withdraw from or terminate the contract on account of any delay in delivery or have any claim of any nature whatsoever against the Supplier arising from late delivery.
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Should the Buyer have any complaint of whatsoever nature concerning any of the goods which are not manufactured by the Supplier, it shall be entitled to require the Supplier to cede to it any rights, which the Supplier may have against the original Supplier of those goods but shall have no other claim against the Supplier in respect of the matter complained of.
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The Supplier shall be exempted from and shall not be liable under any circumstances whatsoever for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the Buyer may suffer as a result of any delay in delivery of the goods ordered
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The Buyer shall be precluded from raising any complaints or disputing liability to the Supplier in any way unless it shall have notified the Supplier of its complaints or grounds of dispute in writing within 7 days of receipt of the goods in question. Notwithstanding the timeous raising of a complaint or dispute of liability by the Buyer, the Buyer shall, under no circumstances, be entitled to withhold payment in respect of the goods from the Supplier pending the resolution of such dispute or complaint. Subject to the foregoing, the Supplier shall, in its discretion, be entitled to either remedy any failure by adjusting, repairing, replacing the goods in question, or refunding the whole or part (as the case may be) of the contract price paid to it by the Buyer in respect of such goods.
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Should the Supplier agree to accept the return of any goods, the Buyer shall be liable to pay the Supplier a handling charge of not less than 15% on the invoiced price of the goods so returned.(subject to damages suffered, the purchase price will be repaid, where applicable by set off against other amounts due by the Buyer). No refunds for credit will be considered by the Supplier unless the Buyer presents the original invoice.
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When the Supplier is required to manufacture or supply goods to the Buyers' specification and/or drawings, or carries out work according to the Buyer's instructions, or those of its nominees, the Supplier accepts no responsibility for the efficiency or workability of goods so manufactured or work so carried out.
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Save as otherwise specifically provided for herein, the Supplier shall not be liable to the Buyer or to any other person for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit, or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the Buyer may suffer as a result of any breach by the Supplier of any of its obligations under these conditions or out of any other court whatsoever. The Buyer hereby indemnifies the Supplier against any claim which may be made against the Supplier by any other person in respect of any matter for which the liability of the Supplier is excluded in terms of the aforegoing.
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The Buyer shall not be entitled to withhold payment from the Supplier in respect of any goods for any reason.
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In the event that the account becomes overdue, the Supplier shall be entitled to charge interest (compounded monthly in arrears) on the overdue balances at the maximum rate permitted in law.
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Ownership in the goods sold and delivered to the Buyer shall pass to the Buyer only when all amounts due by the Buyer to the Supplier has been paid, notwithstanding delivery of the goods to the Buyer. Risk in and to the goods shall however pass to the Buyer on delivery.
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A signed Delivery Note shall constitute prima facie (at face value) proof that the goods have been delivered to and received by the Buyer in good condition, whether signed by the Buyer, an employee, an agent or a representative of the Buyer.
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The Supplier shall, without detracting from any other remedies which may be available to it, be entitled to cancel the sale of the goods to the Buyer on reasonable notice to repossess those goods sold and delivered by the Supplier to the Buyer, or to claim specific performance of all of the Buyer's obligations, whether or not such obligations would otherwise then have fallen due for performance, in either event without prejudice to the Supplier’s right to claim damages.
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In the event of the Supplier or its agents instructing attorneys to collect from the Buyer an amount owing to the Supplier, the Buyer agrees to pay all costs on the scale as between attorney and own client, including collection commission and tracing charges.
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In the event of the Supplier or its agent instructing a Debt Collector to collect from the Buyer an amount owing to the Supplier, the Buyer agrees to pay collection commission in accordance with the Debt Collectors Act (Act. 114 of 1998).
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The Buyer nominates as it's address for services for all notices or processes arising herefrom as the address reflected on the invoice or the delivery address.
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No relaxation or indulgence granted to the Buyer by the Supplier, at any time, shall be deemed to be a waiver of any of the Supplier's rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of the terms and conditions set out herein, or create any estoppel against the Supplier.
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In these conditions, words importing one gender shall include the other gender, and words importing the singular, shall include the plural (and vice versa).
PERMISSION TO USE YOUR PERSONAL INFORMATION
20. The Buyer hereby voluntarily authorises the Supplier to process the Buyer’s and/or its employees personal information (including name, credit card & banking details, physical address, telephone numbers & any other information provided to the Supplier).
21. The Buyer indemnifies the Supplier against any action by the employees of the Buyer insofar as processing of their personal and special personal information is concerned.
22. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information. This consent is effective immediately and will endure until the relationship between the Buyer and the Supplier has been terminated.
23. By agreeing to the terms and conditions of the Sale the Buyer expressly consents to the processing of its information for marketing purposes and knows and understands that by agreeing to same that it may receive marketing materials in the form of SMS’s, emails and the like from the Supplier.
24. The Supplier is the responsible party in respect of such personal information, as envisaged in POPI and the regulations thereto and its address and contact details appear at the top of the invoice and/or delivery note.
25. The Supplier herewith warrants to take appropriate, reasonable technical and organisation measures to prevent: loss of, damage to or unauthorised destruction of the Buyer’s personal information and unlawful access to or producing of the Buyer’s personal information.
26. In the event that the Supplier’s becomes aware of any unauthorised use of the Buyer’s personal information, the Supplier will notify the Buyer thereof.
PROTECTING YOUR SPECIAL PERSONAL INFORMATION
27. By agreeing to the terms and conditions the Buyer expressly consents to the processing of special personal information as defined in the Protection of Personal Information Act, 4 of 2013, by the Supplier.
YOUR RIGHTS IN TERMS OF THIS CONSENT
28. It shall remain the Buyers obligation to update their personal information and special personal information as defined in the Protection of Personal Information Act, 4 of 2013.
TRANS-BORDER FLOW OF INFORMATION
29. The Buyer hereby expressly consents to the processing of its personal information by way of the trans-border flow of information. This will occur where personal information has to be sent to service providers outside of the Republic of South Africa for storage or further processing processes on the Buyer’s behalf
