Store Terms and Conditions
Store Terms and Conditions
1. Any price lists exhibited, circulated or issued by the Seller and for information only and are subject to change or variation without notice and
do not constitute offers of sale at the prices listed.
1.1 Delivery dates are approximate. In no cases shall time be of the essence of contract unless specifically agreed to by the Seller in
writing and the Purchaser shall have no claim of whatsoever nature arising out of any delay in delivery whether arising out of the
cause set out in 1.2 or any other cause whatsoever.
1.2 The Seller does not hold itself liable for any delays caused by breakdown of machinery, strikes, civil commotion, labour disputes,
accidents, orders or regulations by any government of other authority, Act of god of CASUS FORTUITIES or any other cause beyond
its control.
2. If a deposit has been stipulated, then the Purchaser shall be obligated to pay such deposit immediately on acceptance of the Offer to
Purchase.
3. The Purchaser shall not be obligated to accept delivery of the goods where delivery is made by the Seller to the Purchaser at the address
given on the face hereof. Should the Purchaser fail to take delivery or should the Purchaser purport to withdraw his offer to purchase then
the Seller shall be entitled at its option:
3.1 to retain the deposit as penalty or to claim damages or alternatively;
3.2 to claim immediate payment of the full purchaser price, or the balance thereof as the case may be against tender of the goods.
4. The Seller reserves the right to deliver or delay the delivery of the goods or any part thereof in the event of the Purchaser’s:
4.1 breaching of any of these conditions contained herein.
4.2 being placed under a provisional or final order of sequestration, liquidation or judicial management as the case may be or having a
judgement entered against it and failing to satisfy such judgement within a period of 10 (TEN) days after which it has come to the
Purchaser’s knowledge.
5. The risk in the goods shall pass to the Purchaser on delivery of same to him or his duly authorised agent, or if delivery is not accepted then
upon tender of delivery of the Seller.
5.1 No claim for shortages, breakages, or defects will be accepted by the Seller unless made in writing by the Purchaser within 7
(SEVEN) days of delivery of the goods.
5.2 The Seller gives no warranty express or implied in regard to material, workmanship or fitness of goods for any particular purpose.
5.3 In the event of the goods proving to be not in accordance with the said specifications or requirements the Seller shall not be
responsible for any damages whatsoever, whether direct or consequential and its liability is limited solely to replacement of the
goods in question.
5.4 Notwithstanding the foregoing, the Purchaser shall have no claim of whatsoever nature against the Seller arising out of alleged
defects in the goods or colour variances or any other cause after the goods have been laid by the Purchaser or permanently affixed
in any manner whatsoever.
5.5 The Seller gives no warranty that the goods ordered by the Purchaser will conform with samples and the Purchase acknowledges
that he shall have no claim of whatsoever nature against the Seller arising out of shade variances between the goods delivered and
the sample issued.
5.6 No claims for tonality differences, or any other defects will be considered unless made prior to fixing.
6. In the event that the Purchaser fails to make payment of the amount due on due date then and in such event the Purchaser acknowledges
that the Seller shall be entitled to charge interest on all overdue amounts at a rate of 1.5% (ONE COMMA FIVE PERCENT) per month.
7. It is recorded that should payment of any amounts due be made by way of instalments then in the event of non-payment of any due
installment the entire variance then outstanding shall be immediately due and payable.
8. Ownership of the goods shall remain vested in the Seller until the goods have been paid for in full.
9. In the event of the goods being returned in good order by the Purchaser to the Seller a credit will be passed in favour of the Purchaser
provided that:
9.1 The aforesaid goods are returned in good order by the Purchaser within two calendar months from the date of delivery of the said
goods.
9.2 The goods returned do not constitute more than 10% (TEN PERCENT) of the amount ordered.
Notwithstanding the provision of Clause 9.1 the Setter shall be entitled at its own discretion to accept the return of an amount
greater than 10% (TEN PERCENT) of the goods ordered and in such event a handling charge equivalent to 15% (FIFTEEN PERCENT)
of the value of the goods returned will be levied against the Purchaser.
10. The Purchaser hereby agrees and consents that the Seller shall be entitled at its own option to institute any legal proceeding which may
arise out of or in connection with this Agreement in any Magistrate’s Court having jurisdictions in terms of Section 28 of the Magistrate’s
Court Act No. 32 of 1994 as amended, notwithstanding that the claim or value of the matter in dispute might exceed the jurisdiction of such
Magistrate's Court in respect of the cause of action:
10.1 In the event that the Seller is obliged to institute any legal proceedings which may arise out of or in connection with the Agreement,
the Purchaser acknowledges that he shall be obliged to pay all costs arising out of the institution of the action including legal costs
on the scale as between attorney and client.
10.2 It is agreed however that the Seller shall have the right at its discretion to institute any legal proceedings against the Purchaser in the
Supreme Court of South Africa
11. In the event that the signatory signs for and on behalf of the Purchaser, the signatory hereby warrants he is duly authorised to sign and in
the event that the signatory is not authorised then and in such event the signatory hereby specifically acknowledges that he shall become
personally liable to the Seller in respect of all or any amount that may become due and payable to the Seller arising out of the Agreement.
12. The Purchaser acknowledged and agrees that no representations, statements or warranties made by the Seller or any person acting on its
behalf and not included herein have induced the Purchaser to enter this Agreement. The Seller shall not be responsible for any representations
which may be made from time to time by their representatives, servants or agents save as may be contained herein.
13. No relaxation or indulgence which the Seller may afford to the Purchaser shall in any way prejudice the Seller’s and shall not preclude or stop
the Seller from exercising all or any of it's rights herein.
14. The Purchaser selects as domicilium citandi et the address for delivery reflected on the face hereof, where all notices, processes and
documents in connection with or arising out of this Offer may validly be served.
15. This Agreement represents the entire Agreement between the parties and no alterations or variation herein shall be of any force or effect
unless reduced to writing and signed by the parties.