- All terms and conditions which are required to be brought to the attention of the purchaser, in terms of the Consumer Protection Act, 68 of 2008, are in bold type.
- The Customer means jointly and severally, the signatory hereto and any person on whose behalf the signatory signs for the goods or accepts this agreement
- Any price lists exhibit, circulated or issued by the Seller are for information only and are subject to change or variation without notice and do not constitute offers of sale at the price listed.
- Delivery dates are approximate. In no cases shall time be of the essence of the contract unless specifically agreed to by the Seller in writing and the Purchaser shall have no claim out of any delay in delivery whether arising out of the causes set out in 3 or any other cause whatsoever.
- The Seller does not hold itself liable for any delays cause by breakdown of machinery, strikes, civil commotion, labour disputes, accidents, orders or regulations by any Government or other authority, Act of God or CASUS FORTUITIES or any other cause beyond its control.
- If a deposit has been stipulated, then the Purchaser shall be obliged to pay such a deposit immediately upon acceptance of the Offer to Purchase.
- The Purchaser shall be obliged 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:
- To retain the deposit as a penalty or to claim damages or alternatively,
- To claim immediate payment of the full purchase price, or the balance thereof as the case may be against tender of the goods.
- The Seller reserves the right to refuse to deliver or to delay delivery of goods or any part thereof in the event of the
- Breaching of any of these conditions contained herein.
- Being placed under a provisional or final order of sequestration, liquidation or judicial management as the case may be or having a judgment entered against it and failing to satisfy such judgment within a period of 10 (TEN) days after which it has come to the Purchaser’s knowledge.
- The risk in the goods shall pass to the Purchaser on delivery of the goods to him or his duly authorised agent, or if delivery is not
accepted then upon tender of delivery by the Seller:
- No claims for shortages, breakages or defects will be accepted by the Seller unless made in writing by the Purchaser within 24 (TWENTY- FOUR ) hours of delivery of the goods, detailing the nature of the shortages, breakages or defects.
- It is the sole responsibility of the Purchaser to determine whether the goods ordered and purchased by it are suitable for the purpose for which it intends to use them.
- The Purchaser acknowledged that the Seller is not the manufacturer of the goods. The Seller accordingly will not be liable for any loss or damage of any nature and howsoever arising which may be suffered by the Purchaser as a result of, or in connection with any transaction contemplated herein, whether indirect, consequential, delictual or otherwise and whether caused by the negligent
act or omission of the Seller of otherwise.
- Save for what is expressly set out in this Agreement, the goods are sold without any warranties, guarantees or undertakings to the Purchaser, whether express, tacit or implied and/or whether by statute or common law and without representations, including that the goods are suitable for the purpose for which they have been ordered
- Subject to the limitations of liability set out herein, any director liability of the Seller for a breach of this Agreement, will not in
any event exceed in the aggregate of damages, costs, fees and expenses capable of being awarded to the Purchaser, the total price paid or due to be paid by the Purchaser for the goods or the Seller may, at its sole discretion, replace the goods shown to be defective, provided the Purchaser notifies the Seller in writing of any alleged shortage or defect within 24 (TWENTY-FOUR) hours of delivery and the Purchaser can demonstrate that such goods have not been stored, handled or used in a manner that caused the alleged defect.
- The Seller gives no warranty that the goods ordered by the Purchaser will conform to samples and the Purchaser acknowledges that he shall have no claim of any nature against the Seller arising out of any shade variances between the goods delivered and the samples issued.
- No claims for tonality differences or any other defects will be considered unless made prior to fixing.
- In the event that the Purchaser fails to make payment of the amount payable on the due date, then it is acknowledged 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.
- 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 instalment, the entire balance still outstanding shall become due and payable immediately.
- Ownership of the goods shall remain vested in the Seller until the goods have been paid for in full. The Customer is not entitled to sell or dispose of any goods unpaid for. The Customer shall not allow the goods to b come encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of Ferreiras in the goods.
- In the event of the goods being returned by the Purchaser to the Seller, a credit will be passed in favour of the Purchaser provided
- The goods are returned in good order by the Purchaser within 2 (TWO) days from the date of delivery of the said goods.
- The goods returned do not constitute more than 10% (TEN PERCENT) of the amount ordered.
- Notwithstanding the provisions of Clause 11.1 the Seller shall be entitled at its sole 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.
- The Seller may be required to disclose personal information of the Purchaser to third parties which may include, but is not limited to:
- Collection agents (in order to collect any outstanding amounts due, should the Purchaser default on its payment obligations);
- Any other third party (if the disclosure of such information is to protect the legitimate interest of the Seller or the third party to whom the information is disclosed);
- By signing this agreement, the Purchaser hereby agrees that the Seller may disclose such personal information as may be necessary to give effect to clauses 16.1 and 16.2 (inclusive).
- The Purchaser hereby agrees and consents that the Seller shall be entitled at its own option to institute any legal proceedings which
may arise out of, or in connection with this Agreement in any Magistrate’s Court having jurisdiction 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 causes of action:
- In the event that the Seller is obliged to institute legal proceedings which may arise out of, or in connection with this 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.
- It is agreed however that the Seller shall have the right at its discretion to institute any legal proceedings against the Purchaser in the High Court of South Africa.
- In the event that the Signatory signs for, and on behalf of the Purchaser, the Signatory hereby warrants that he is duly authorised to sign. In the event that the Signatory is not so authorised then the Signatory hereby specifically acknowledges that he shall be personally liable to the Seller in respect of all and any amount that may become due and payable to the Seller arising from the Agreement.
- The Purchaser acknowledges and agrees that no representations, statements or warranties made by the Seller or any persons acting on its behalf and not included herein have induced the Purchaser to enter into 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.
- No relaxation or indulgence which the Seller may afford to the Purchaser shall in any way prejudice the Seller’s rights and shall
not preclude or stop the Seller from exercising any or all of its rights hereunder.
- The Customer shall be liable to Ferreiras for all legal expenses incurred by Ferreiras on the attorney-and-own client scale in respect of any action which may be instituted consequent upon any breach by the Customer of this agreement Ferreiras shall have the right to institute legal action in the Magistrate’s Court or the High Court at its sole discretion, and the Customer consents to that jurisdiction. This Agreement shall be governed by the laws of South Africa and the Customer consents to the exclusive jurisdiction of the South African
Courts. The Customer further agrees that Ferreiras will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate’s Courts or in terms of Rule 47 of the Uniform Rules of the High Court.
- The Purchaser selects as domicilium citandi et executandi 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.
- This Agreement represents the entire agreement between the parties and no alteration or variation herein shall be of any force or effect unless reduced to writing and signed by parties.