Pinetown Head Office
Definitions
1.1 Business means Homebargain 911 (Proprietary) Limited, registration number: K2011/120349/07.1.2 Client means the buyer of Goods from the Business.
1.3 Parties means the Business and Client
1.4 Goods means tents and / or related goods which are the subject of a sale by the Business to the Client.
2. Application of Terms and Conditions
2.1 All Goods purchased by a Client shall be subject to these Terms and Conditions, which replace all previous terms of sale.2.2 Any conflicting provisions or amendments shall be null and void unless agreed to in writing by the Business.
3. Ordering Procedure
3.1 The Client may place an order in respect of Goods orally or in writing, which order may be accepted in whole or in part or not at all, in the sole discretion of the Business.3.2 The Client is solely responsible to provide clear and unequivocal instructions to the Business prior to manufacturing commencing to avoid any discrepancies in installation. The Business shall not be held liable for any inaccuracies in the Goods arising from inaccurate instructions from the Client and the Client shall be liable for any amounts billed arising from additional work to the Goods due to inaccurate instructions.
3.3 Orders shall not be subject to cancellation or amendment by the Client in any manner whatsoever.
4. Prices
4.1 The price of any Goods sold by the Business will be the price sent to the Client on a proforma invoice.4.2 The Client is responsible for and undertakes to pay any tax payable in terms of the Value Added Tax Act 1991 or any replacement Act. In respect of exports prices shall be 0 rated for VAT only if delivery is provided by the Business.
5. Payment
5.1 Payment, as detailed on the invoice shall be required, free of exchange in South African currency in cash into the bank account of the Business.5.2 Invoices are valid for 30 (thirty) days and a 50% (fifty percent) deposit is required to confirm the order. The balance is due within 7 (seven) days of receipt of confirmation that the Goods are available for dispatch. Manufacturing lead times shall be between approximately 4 to 6 weeks.
5.3 The Business shall not be obliged to authorise the commence or complete manufacture unless payment is received.
5.4 The Client shall not be entitled to set-off any amounts which may be owing to the Client by the Business for any reason whatsoever.
5.5 In respect of lay bye purchases a 50% (fifty percent) deposit is required and the balance is to be settled within a period not exceeding 3 (three) months.
5.6 Any amount not paid on due date shall bear interest from the due date until it is paid in full at the rate of 2 percentage points above the prime interest rate as publicly quoted by the South African Reserve Bank from time to time, calculated per annum and compounded monthly in arrears. In addition, any discounts provided on the order shall be cancelled and the full purchase price of the Goods shall be due owing and payable.
5.7 In the event of a default in payment any deposits paid shall be forfeited to defray costs and the Client shall have no further claims against the Business.
6. Delivery
6.1 The actual cost of the delivery shall be borne by the Client with such costs to be paid by the Client to the Business and the Business reserves the right to charge the Client any other costs relating to the delivery of the Goods to the Client, including insurance premiums.6.2 The Business may deliver any Goods in instalments and the Client is obliged to accept delivery in instalments.
6.3 Where the Client requests that delivery be suspended or delayed to a date later than originally requested, or where the Client fails to accept delivery of the Goods on the agreed date, the Business shall be entitled to charge the Client storage fees, alternatively shall dispose of Goods on behalf of the Client and the Client shall be liable for all wasted costs incurred and the Business shall be indemnified against any loss or damage, including but not limited to water, fire or rodent damage, which may be suffered by the Business.
6.4 Notwithstanding anything to the contrary, the Business shall have the right to suspend delivery at any time if in its sole discretion.
6.5 In the event of late deliveries for any other reason, the Business will not be liable for any resultant cost, expense, loss or damage, consequential or otherwise and the Client may only cancel the order if the Business has been grossly negligent.
6.6 Incomplete, short or damaged deliveries must be reported to the Business, in writing, within 7 (seven) days from the time of delivery. 6.7 Where delivery is effected by the Business's transport or by the Business's transport contractor or by the Client's transporter, the transporter shall be deemed to act as the Client's agent: (1) all risk in and to the Goods passes to the Client once the Goods are loaded for delivery to the Client,
(2) delivery costs are for the Client's account.
(3) the Client is responsible for unloading and must unload the Goods timeously.
(4) the Business may charge the Client any additional demurrage charges or any other costs whatsoever, which may be incurred by the Business as a result of delayed or protracted unloading of the Goods by or on behalf of the Client.
6.8 The Business's delivery note signed or countersigned by any representative of the Client, unless rejected by the Client as contemplated in this clause is for all purposes deemed to be binding, accurate and prima facie proof of a complete delivery in good condition and in compliance with the order.
6.9 In the event that the Business is required to attend to installation of the Goods, the Business or its representatives shall not be held liable for any damage caused to the Goods, unless arising from wilful default and / or gross negligence.
7. Ownership
Ownership of all Goods delivered will not pass from the Business to the Client until such time as the purchase price has been paid in full.8. No Warranties
8.1 The Business only warrants workmanship for a period of 6 (six) months and gives no other warranties.8.2 The Business shall not be liable for aesthetic variances in fabrics. Although physical integrity may be within tolerance, slight variances in colour have been noted. As a fabric converter the Business cannot be held responsible for such variances. The Business shall report any colour 8.1 The Business only warrants workmanship for a period of 6 (six) months and gives no other warranties. variances to the supplier, and should a credit be received, the credit will be provided to the Client.
9. Obligations of the Client in the on-sale of Goods
9.1 The Client agrees to comply with all laws (national, provincial and local), by-laws, regulations, licenses, permits and any other requirements 8.1 The Business only warrants workmanship for a period of 6 (six) months and gives no other warranties.of any relevant authority applicable to the sale of the Goods supplied by the Business to it.
9.2 Without limiting clause 9.1 the Client agrees to comply with all its obligations, including but not limited to ensuring :
(1) Pricing of the Goods is in line with the prescribed regulations and the recommended selling prices.
(2) All trade descriptions, marketing, advice, warning and advertising in relation to the Goods is not misleading, fraudulent or deceptive.
10. Breach of terms
10.1 The Client is in default if it breaches any clause of this Agreement and fails to remedy that breach within 5 (five) days of written notice calling it to do so and/or if the Client fails to pay any amount due to the Business on due date.10.2 If the Client is in default in terms of clause 10.1 above, the Business is entitled, without prior notice to the Client and without prejudice to any rights which it may have as a result of such default, to
(1) claim specific performance of the Client's obligations; and / or
(2) claim payment of any amount owing by the Client to the Business whether or not due and payable.
10.3 A certificate signed by any director or general manager of the Business (whose appointment need not be proved) as to the existence of and the amount of indebtedness by the Client to Business, that such amount is due and payable, the amount of interest accrued thereon and as to any other fact, matter or thing relating to the Client's indebtedness to the Business in terms of this Agreement, shall be prima facie proof of the contents and correctness thereof for the purposes of provisional sentence, summary judgement or any other proceedings, shall be valid as a liquid document for such purpose and shall in addition, be prima facie proof for purposes of pleading or trial in any action instituted by the Business arising from this Agreement.
11. Limitation of Liability and Indemnity
11.1 Except for where the Business has been grossly negligent, the Business will not be liable for any cost, expense, loss, damage whether direct or indirect (including consequential loss or damage) or claim whether suffered/incurred by the Client or the Business of a third party, including without limitation arising out of or in connection with the Goods supplied to the Client, or any act, omission or negligence of the Business, its employees or agents.11.2 The Client indemnifies and holds the Business harmless against any cost, expense, loss, damage, liability or claim contemplated in clause 11.1.
12. Force Majeure
12.1 If any performance by the Business is prevented by any act of God, strikes, lockouts, shortened working hours, shortage of labour or materials, any default or delay in any sub-contractor or suppliers of the Business, war, political or civil disturbances, or any other cause whatsoever beyond the control of the Business then the Business shall have the election either to cancel the order in question; or to extend the time for performance until the cause preventing or delaying performance ceases to apply.13. Defective Goods
13.1 If any Goods are latently, patently, or otherwise defective but were not sold as sub-standard the Business may in its sole discretion compensate the Client in respect of such Goods, in which event the Business shall notify the Client in writing of its election to replace the defective Goods, or credit the Client in respect of the purchase price of the Goods, or request that the Client accept the Goods at a reduced purchase price to be agreed.13.2 If the defective Goods supplied by the Business were not manufactured by the Business, the Client's claim against the Business shall under no circumstances exceed the claims which the Business is entitled to make against the third party supplier in respect of such defective Goods.
14. Return of Goods
No exchanges or returns shall be accepted.15. Certificates
15.1 Local authorisation / permissions: No provision has been made by the Business for any requirements pertaining to local council. The Business will assist in providing all required documentation to assist in the process of obtaining such approval.15.2 The manufacturing certification in respect of structures will only be upheld on completed structures manufactured by the Business.
15.3 Should a SADC certificate be required for exports, the Business shall require full payment (including delivery costs) and the import declaration. The application time is approximately 7 - 10 business days.
16. Errors and Omissions
The Business shall not be liable to the Client for any errors and/or omissions contained in any documentation.17. Jurisdiction
17.1 The laws of the Republic of South Africa shall be applicable to these terms and conditions.17.2 In the event of the Business having to institute legal proceedings against the Client, the Client will be liable for the Business's legal costs on an attorney and own client scale.
18. Domicilium
The Parties hereby choose for the purposes of this Agreement their domicilia citandi et executandi at the addresses recorded on the invoice.19. General
19.1 The Client may not cede any of its rights or delegate or assign any of its obligations without the prior written consent of the Business.
19.2 In terms of the Protection of Personal Information Act 4 of 2013, the Business will take all reasonable steps to regulate the processing of
personal information provided by the Client and undertakes to only maintain Client records for as long as reasonably necessary.
19.3 In terms of the National Credit Act, the Client hereby consents to the Business receiving, sharing, transmitting and storing credit
information concerning the Client with other credit granters and credit bureaux for the purpose of credit granting decisions and to manage
credit risk.
19.4 No indulgence by a Party to another Party, or failure strictly to enforce the terms of this Agreement, is to be construed as a waiver or be capable
of founding an estoppel.
19.5 Any illegal or unenforceable provision of this Agreement may be severed and the remaining provisions of this Agreement continue in force.
19.6 The Client acknowledges and agrees to abide to the Terms and Conditions as set out herein and as updated from time to time by the
Business.
19.7 The Client acknowledges and agrees to abide to the Terms and Conditions as set out herein and as published and updated from time to
time and accessible at all times on the Business's website (www.tents-tarps-marquees.co.za).
