STANDARD TERMS AND CONDITIONS
The CUSTOMER agrees to be bound by the following terms and conditions which will be applicable to purchase goods and services from the SUPPLIER.
a) The CUSTOMER warrants that the information contained in the Credit Application is true and the SUPPLIER may rely on the correctness of such information when assessing the credit facility.
2) CREDIT FACILITY
a) The amount, extent and nature of the credit granted shall be at the discretion of the SUPPLIER. If the CUSTOMER exceeds any limits this will not affect the SUPPLIER’S rights.
b) The SUPPLIER may suspend, alter or withdraw credit facilities at the SUPPLIER’S discretion. In the event of a default the SUPPLIER may at the SUPPLIER’S discretion cancel or suspend the delivery of goods.
c) No alteration to these terms shall be binding on the SUPPLIER unless agreed to in writing by the SUPPLIER. The SUPPLIER’S rights are not affected by any written or other arrangements.
a) Unless otherwise agreed by the SUPPLIER in writing all payments are due and payable within the terms agreed upon by the SUPPLIER.
b) If any payment is not paid on the due date, or if the CUSTOMER is in breach of these conditions, all unpaid amounts shall immediately become due.
c) The CUSTOMER shall not be entitled to claim set-off or deduction in respect of any payment due by the CUSTOMER to the SUPPLIER, in respect of goods and/or services supplied.
a) The SUPPLIER will attempt to meet the CUSTOMER’S delivery time but a failure to do so will not give a CUSTOMER any claim against the SUPPLIER.
b) The SUPPLIER has no liability for verifying or checking the correctness of the order given by or on behalf of the CUSTOMER
c) Where the SUPPLIER is unable to execute any order otherwise than due to the negligence of the SUPPLIER, the SUPPLIER shall be entitled without penalty to terminate, suspend or partially perform the order.
d) Delivery notes signed by the CUSTOMER or the CUSTOMER’S representative shall be proof of delivery of all goods in good condition.
e) CUSTOMER’S claims for the delivery of UNITS incorrectly supplied or sent to the incorrect address or with a genuine warranty claim, must comply with the following:
i) The delivery note is endorsed with the complaint
ii) Written notice is given to the SUPPLIER within 48 (forty eight) hours of delivery via fax.
iii) In the event of any dispute as to the delivery of goods sold and/or the quality and/or value thereof, the onus of proving that the goods were not delivered and/or that the quality and/or value thereof is not in accordance with the SUPPLIER’S delivery notes, shall be borne by the CUSTOMER.
5) RETURNS OF STOCK
a) A request for credit can only be issued by I- LITE TRADING ENTERPRISE (PTY) LTD subject to the following restrictions:
i) No credits will be issued after 5 days from delivery date which commences from the date of invoice.
ii) Credits will only be considered for authorization if the original invoice referring to the UNITS for which credit is requested is provided.
iii) Returned items that are damaged or marked will be invoiced at full list price.
iv) The CUSTOMER is granted a minimum of 5 working days to return the stock.
v) The CUSTOMER is required to have traceability records (i.e. Temperature figures, date of transaction and delivery, description of products, batch or lot identification (or any other markings), volume or quantity received and any other relevant records) before the stock in question can be returned to the SUPPLIER in order to determine and investigate the reasoning behind the damaged or dissatisfied stock.
vi) The CUSTOMER is required to take photographs or be in possession of such photographs regarding the damaged or dissatisfied stock.
6) POSTAGE AND COURIER COSTS
a) All postage and or courier costs are for the CUSTOMER’S account and will be invoiced on the CUSTOMER’S trading account
a) If a payment is not made on the due date the SUPPLIER may recover from the CUSTOMER on the amount outstanding for the period of the default at the maximum legal rate.
a) The price of goods shall be the list price of the SUPPLIER or alternatively, the quoted price.
a) Ownership of all goods delivered or supplied by the SUPPLIER will remain vested in the SUPPLIER until the purchase price has been paid in full.
b) The risk shall pass to the CUSTOMER when the goods are collected from the SUPPLIER’S premises and if delivery is to be made by the SUPPLIER, then on delivery to the CUSTOMER.
a) The law of the Republic of South Africa shall apply to this contract between the SUPPLIER and the CUSTOMER.
b) The CUSTOMER consents in terms of Section 45 of Act 32 of 1944 (the Magistrate’s Court Act) to the jurisdiction of the Magistrate’s Court of the district concerned to hear the action in terms of Section 28 of the Act. This consent does not exclude the jurisdiction of any other competent Court.
c) The SUPPLIER may recover in any action against the CUSTOMER costs, taxed as between Attorney and own client, collection commission and tracing agent fees from the CUSTOMER and all payments made shall firstly be allocated towards such fees and charges, thereafter to interest and finally in reduction of the capital amount due.
d) The customer APPOINTS THE PHYSICAL ADDRESS STATED IN PARAGRAPH 6 OF THE Credit Application Form, as the address for the service of process or the giving of notices. (i.e. the domicilium citandi et executandi)
e) Any relaxation of the terms and conditions represented in this agreement will be at the SUPPLIER’S sole discretion. Such relation will be represented in writing and the relaxed terms and conditions will be clearly specified as well as the duration of such relaxation.
f) This document constitutes the entire contract between the SUPPLIER and the CUSTOMER, and can only be varied by agreement, in writing, signed by both the SUPPLIER and the CUSTOMER.
g) A certificate of balance signed by a Manager of the SUPPLIER and reflecting the amount of the CUSTOMER’s indebtedness to the SUPPLIER as at the date of the certificate shall constitute prima facie evidence of the CUSTOMER’s indebtedness to the SUPPLIER for the purposes of granting any judgment against the CUSTOMER in favor of the SUPPLIER.