Terms & Conditions
All prices are quoted in accordance to the National Price which may be revised at the Supplier’s discretion with one (1) month notice to the Customer.
All prices are quoted in South African Rand (ZAR) and exclusive of VAT.
Special Orders may be quoted in foreign currencies, which on the day of delivery are by virtue hereof invoiced in ZAR using the indication rate supplied by the Supplier’s banker.
Orders are preferred to be received in the form of emailed or faxed Purchase Orders.
Purchase Orders received after 11h00 can only be captured and arranged for delivery/collection in the morning of the following business day.
Unless the Customer cancels an order in writing, goods that are insufficient at the time of order will be supplied as soon as the Supplier receives stock thereof.
For cash sales accounts, all amounts are payable on the date of invoice.
For credit accounts, the Customer undertakes to pay all amounts due to the Supplier within thirty (30) days from date of statement.
Payments can be made via EFT or ATM cash deposits.
Only unconditional receipt into the Supplier’s bank account constitutes payment and only thereafter can the delivery/collection of goods sold as cash sales be arranged.
Payments shall not be deducted of any discount, or withheld due to any claim the Customer may have against the Supplier arising from any cause.
Should an extended credit facility is required, the Customer undertakes to apply for the Supplier’s consent to any variations of the above conditions before incurring the debt, and in such event the Customer agrees to abide by any conditions or stipulations imposed by the Supplier as a condition precedent to the granting of such extended facilities.
Notwithstanding the grant of credit facilities to the Customer, the Supplier shall be entitled at its sole discretion withhold such facilities and require repayment for the account.
The Supplier’s delivery schedule is between 09h00 to 15h00, Monday to Friday excluding public holidays.
Urgent deliveries or delivery outside of regular schedule may be accepted with prior communication with the Supplier.
Local deliveries are free of charge for orders above R3,000 (Three Thousand South African Rand) excluding VAT.
Deliveries by means of passenger train, air freight or sea freight, at Customer’s request, are subject to the fees indicated on the Supplier’s quotation.
The Customer is strongly recommended to confirm orders within the following time frame to avoid delivery delays: one (1) day for local delivery; three (3) weeks for air freight and cross-border; and ninety (90) days for sea freight. Special Orders are delivered on a date and time as per Agreement with the Customer.
Deliveries shall be deemed to take place at the delivery address specified on this Agreement. The Customer undertakes the recipient at the address is deemed to have the authority to accept delivery on behalf of the Customer and may evidence such delivery by signing the delivery note.
In all cases where delivery is by transporter, the transporter shall be deemed to be the Customer’s agent and delivery to such transporter shall be deemed delivery to the Customer, unless delivery takes place at the Supplier’s expense.
Delivery of any goods supplied and the accuracy of any invoice in respect of such goods shall be deemed to be accepted by the Customer unless the Customer advises the Supplier to the contrary within seven (7) days from the date of delivery.
In respect to Clause 2.3, the Customer shall not repudiate any order, refuse delivery, set-off payment, or claim damages against the Supplier for late or defective delivery.
RETURN OF GOODS
The Supplier shall not be obliged to accept the return of goods that were supplied in accordance with Customer’s Purchase Order.
Goods accepted for returns must remain in its original packaging and in a saleable condition, and delivered to the Supplier’s premise at the Customer’s own expense and risk.
Original proof of purchase such as an invoice or delivery note must be produced at the time of return.
30% handling charge will be levied on all returns that were correctly supplied.
In respect to Clause 4.8, claims against quality issue, breakage or shortage must be made by completing the Credit Acquisition Form within seven (7) days from the date of delivery.
Goods supplied under Special Order and goods with an expired or expiring shelf life of less than six (6) months shall not be accepted by the Supplier for credit.
Whereas certain goods of Special Orders are costly and for which the Supplier is required to pay its supplier, the Customer may be requested to pay 50% deposit at the time of order placement and the remainder on or before the date of delivery.
Should the Customer have a private label which the Supplier provides OEM services and keeps safety stock for its raw materials, packaging, and finished products (collectively “Inventory”) at its manufacturing facilities and warehouses (collectively “Premise”), the Customer agrees to abide by the following:
The estimated delivery period commences from the date of receiving the Customer’s approval on quotations and product designs (if applicable).
Any post-approval changes initiated by the Customer will result in additional fees charged to the Customer.
The level of safety stock is determined by the Supplier on the basis of the Customer’s procurement history in the preceding six (6) months. The Customer undertakes the responsibility to liaise with the Supplier to ensure the accuracy of the said level.
In respect to the nature of registered trademarks, any slow moving or dead stock not drawn down by the Customer after four (4) months since the order placement date shall constitute an overstock. Such stock shall be delivered to the Customer and the payment for such stock shall become due and payable.
In the event the Customer decides to terminate, discontinue, or reduce the procurement of private-label products for whatever reason, a written notification must be given to the Supplier at least six (6) months in advance. Notwithstanding aforesaid, the Customer is oblige to continue its procurement from the Supplier of any private-label products and buy the remaining packaging materials before moving the business to a new supplier.
Interest on the outstanding balance of any account will be compounded monthly at the maximum rate allowed by the National Credit Act (No. 34 of 2005).
Overdue accounts may result in a stop supply until the situation is rectified.
The full balance of the debits raised against the overdue account, and the outstanding by Customer to Supplier, shall become immediately due and payable without notice to the Customer, notwithstanding the fact that the thirty (30) day period has not lapsed in respect of any particular debit received.
The Customer authorises and indemnifies the Supplier to take any action, including ceding the Customer’s debt to any other party along with any right it enjoys by virtue hereof, or selling and marketing the Inventory, to minimise any loss or damage suffered as a result of the Customer’s failure to assume its obligations as set out in Section 6.
The Customer undertakes to pay all legal expenses incurred in connection with the recovery of any amounts due by the Customer, including collection charges, as with between attorney and client which may be payable in respect of collection of such account.
If legal proceedings are deemed necessary to recover any amount due by the Customer, the Customer consents to the jurisdiction of the Magistrate’s Court in terms of the Magistrate’s Court Act (No. 32 of 1944), notwithstanding the claim by the Supplier exceeds the normal jurisdiction of the Magistrate’s Court as to amount. The Supplier shall be entitled to proceed against the
Customer in any other Court of competition jurisdiction.
Should the Customer default in the payment of any amount due in terms of this Agreement or breach any other terms, conditions and obligations imposed in terms hereof or commit any act of insolvency or surrender its estate; or allow a judgment by default to be granted against the Customer; or be sequestrated or placed under judicial management or be wound up whether provisionally or finally; or allow the goods to be attached or seized under any due process of law; then and upon the happening of any of these events, the Supplier is entitled to repossess the goods sold to the Customer and the Supplier reserves the right, in either event to claim specific performance of all the Customer’s obligations whether or not such obligations have fallen due together with interest as provided above, or to claim damages.
Any condonation of any breach of any of the provisions hereof or any other act or relaxation, indulgence or grace on the part of the Supplier shall in no way operate as or be deemed to be a waiver by the Supplier of any of its rights in terms of this Agreement or be construed as a novation thereof.
The specified physical address is nominated by the Customer as its domicilium citandi et executandi for all purposes under this Agreement whether in respect of court process, notices or other documents or communications of whatever nature.
The Customer undertakes to notify the Supplier within seven (7) days of any change of address.
The Customer shall advise the Supplier within thirty (30) days prior to the effective date of transferring its business, the goodwill or any goods or property forming part thereof.
The Customer agrees to be bound to the terms and conditions contained herein for the cash sales, the credit facility applied for in this instance and also for any changes in credit limits and further credit facilities granted by the Supplier to the Customer.
All unsold goods not yet paid in full, remain the property of the Supplier with the risk of insurance and etc passing to the Customer on the date of delivery.
The Supplier will not be liable to any parties for any consequential losses incurred as a result of goods supplied, whether defective or not.
The Customer hereby authorises the Supplier to seek an obtain any credit or other information deemed necessary by itself in assessing the financial status of the Customer, from any source that the Supplier deems necessary. The Supplier may also share information in protecting its own interests.
The Customer indemnifies the Supplier against any claims, which may be made against the Supplier by any other person in respect of any matter for which the liability of the credit is excluded in terms of the aforegoing.
Any information referred to in these terms and conditions, and capable of being accessed by way of an internet address, shall be deemed to be incorporated in accordance with the provisions of the Electronic Communications and Transactions Act (No. 25 of 2002).
Where the Consumer Protection Act is applicable, then the terms and conditions contained herein are subject to the Act. In the event of a conflict with any provision of the Act, the parties intend for the provision of the Act to take precedence but only in so far as the provision of the Act in question is mandatory and may not be amended herein by agreement.
This application contains the entire agreement between the parties and no variation thereof shall be of any force or effect unless reduced writing and signed by both parties.