“CUSTOMER” means any person, including a consumer as defined in the Consumer Protection Act 68 of 2008, with whom THE SUPPLIER concludes an agreement for the sale of any Goods, or any person who has applied to THE SUPPLIER for credit facilities, as the case may be.
“GOODS” means any tangible object supplied by THE SUPPLIER to THE CUSTOMER.
“PRICE” means the price agreed between THE SUPPLIER and THE CUSTOMER for the Goods, together with value added tax thereon.
“SUPPLIER” means Fellowes-Beswick (Pty) Ltd (Registration no 2004/028904/07).
- In return for the supply of the Goods THE CUSTOMER agrees to pay THE SUPPLIER the price as set out in more detail in the invoice and/or statement, as the case may be. Prices are subject to change without prior notice.
- THE CUSTOMER shall not be entitled to withhold payment for any reason whatsoever notwithstanding that any dispute may be pending between the parties nor shall THE CUSTOMER be entitled to make any deduction from the price or to set off any alleged claim against the amounts due by THE CUSTOMER to THE SUPPLIER.
- If THE CUSTOMER:
- does not pay THE SUPPLIER on time;
- commits a material breach of this agreement;
- does not pay the required full amount in advance if required to do so;
then THE SUPPLIER may suspend any supply of Goods until THE CUSTOMER has paid or remedied the breach to the satisfaction of THE SUPPLIER.
- THE CUSTOMER consents to the jurisdiction of the Magistrate’s Court for the determination of any action or proceeding which may be brought by THE SUPPLIER against THE CUSTOMER arising out of any transaction between the parties.
- If THE CUSTOMER should fail to object to any item appearing on THE SUPPLIER’S statement of account within fourteen days of date of the dispatch of the statements, the accounts shall be deemed to be in order.
- The risk in and to the goods shall pass from THE SUPPLIER to THE CUSTOMER on the date of delivery notwithstanding that ownership will not pass to THE CUSTOMER until full payment of the purchase price.
- If THE CUSTOMER does not pay any and/or all amounts due to THE SUPPLIER on or before the due date for payment, then, subject to the provisions of clause 7.2, THE SUPPLIER reserves the right to, on notice to THE CUSTOMER:
- charge interest on the overdue amount at the interest rate referred to in clause 2.5 of the full terms and conditions, calculated from the due date of payment to the date that the actual payment is credited;
- take action in terms of clause 7.2;
- inform any reputable credit bureau(x) of payment default; and
- suspend the supply of Goods.
- If THE CUSTOMER commits a breach or if there is a failure by THE CUSTOMER to comply with any of the terms and conditions of sale and THE CUSTOMER remains in breach for a period of seven working days in the case of a customer who is not a consumer and 20 working days in the case of a customer who is a consumer, after delivery of a notice to THE CUSTOMER by THE SUPPLIER requesting THE CUSTOMER to remedy the breach:
- THE SUPPLIER will be entitled to immediately cancel the agreement;
- THE SUPPLIER will be entitled to immediately charge THE CUSTOMER for the use of the Goods up to the date of cancellation; and
- the full outstanding amount shall immediately become due and payable.
- Any Goods being returned for credit must be in their original condition, unused and undamaged in any way and in their original packaging. All accessories originally furnished with the Goods in question must be included in the return. The costs of any missing accessories will be deducted from any credit. Any Goods may only be returned within 14 days of delivery provided that a “Goods Return Request Form” has been completed, and that THE SUPPLIER has agreed in writing to such return on the terms stipulated in such consent.
- The Goods are guaranteed according to the Manufacturer’s product specific warranties only and the onus shall be on THE CUSTOMER to ensure by examination before use that the Goods delivered comply with the details on the delivery note and THE CUSTOMER’S order, and are fit for purpose.
- THE SUPPLIER shall not under any circumstances be liable for any loss or damage, whether special or general, direct or consequential, arising out of the sale of the Goods by THE SUPPLIER to THE CUSTOMER, or from any other cause whatsoever. THE CUSTOMER hereby indemnifies THE SUPPLIER against all claims of whatsoever nature that may be made against THE SUPPLIER arising from the use by any person of the Goods supplied by THE SUPPLIER. THE SUPPLIER’S sole liability in respect of defective Goods, shall in THE SUPPLIER’S sole discretion, be to replace such Goods, repair such goods or to refund THE CUSTOMER the price of such defective Goods. [This clause 9.2 is not applicable to a consumer as defined in the Consumer Protection Act, who shall have all the rights accorded to such person in terms of such Act.]
- Claims for shortages, damages or faulty supplies, must be notified to THE SUPPLIER within 48 hours of the delivery of the Goods and confirmed in writing as soon as possible thereafter by THE CUSTOMER.
- All goods taken by THE CUSTOMER on evaluation, approval demonstration or consignment shall be deemed sold if not returned within 7 days from delivery, in perfect condition, in the original packaging and with all accessories and manuals intact.
- Should THE SUPPLIER instruct its attorneys or collection agent to collect any overdue amounts, or to take any action against THE CUSTOMER in the implementation or protection of THE SUPPLIER’S rights, THE SUPPLIER shall be entitled to the recovery of all legal or collection costs arising therefrom, on the appropriate scale.