In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us, or our suppliers to you, whether all or part of the distance.
“Goods” means any goods we offer for sale.
“Written Material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.
2 Our contract with you
2.1 We shall accept your order, and the contract is made with you, on any of the following conditions:
2.1.1 Once we receive by fax or email a signed copy of the Proforma Invoice. The Proforma Invoice will also confirm details of your purchase and tell you when we shall despatch your order;
2.1.2 On receipt of a telephonic order;
2.1.3 Upon collection of the Goods by you;
2.1.4 Upon signature of a delivery note by you, or your representative, upon collection of the Goods.
2.2 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.3 We are not experts about goods like these Goods. You may not rely on our expertise.
2.4 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse or supplier.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it, unless specifically stated otherwise on the Proforma Invoice.
3.2 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your goods within 45 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
6.1 We may make improvements or changes to our Written Material or to any of the Goods, at any time and without advance notice.
6.2 You are advised that Written Material may include technical inaccuracies or typographical errors.
6.3 We give no warranty and make no representation, express or implied, as to:
6.3.1 the adequacy or appropriateness of the Goods and Services for your purpose.
6.3.2 the truth of any information given in our Written Material;
6.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
6.3.4 compliance with any law;
6.3.5 non-infringement of any right.
6.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our web site or the purchase of Goods.
6.5 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
8 Contractual Limitation
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
10 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
11 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
12 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
13 Governing Law
This Agreement shall be governed by and construed in accordance with the law of South Africa. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.