TERMS AND CONDITIONS OF QUOTATIONS AND SALE

TERMS AND CONDITIONS APPLY

  1. These terms apply to the contract between us. By entering into this agreement, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law.
  2. We may periodically update or change the Terms and Conditions of Quotations and Sale without notice.
  3. These Terms and Conditions will be subject to the Consumer Protection Act 68 of 2008 and the National Credit Act 34 of 2005, to the extent that they are applicable to the supply of any goods or services by Gadget Import CC.

DEFINITIONS

  1. “Seller” means Gadget Import CC, having its place of business at Unit 47 Platinum Park, Taurus Road, Brackenfell, Cape Town 7560.
  2. “Purchaser” is defined as the signatory to the “Application for Credit” and/or any person placing an order with the seller, acting or purporting to act on their own or any person or entity doing any business with the seller on the purchaser’s behalf, shall be deemed to have read and agreed to these terms and conditions of quotations and sale.
  3. “Contract” means the contract between the seller and purchaser for the sale and purchase of Goods in accordance with these Terms and Conditions of Quotations and Sale.
  4. “Goods” means products and/or services that are made available by the seller.
  5. “CPA” means the Consumer Protection Act No. 68 of 2008.

QUOTATION

  1. Seller’s quotation is an offer to sell goods to purchaser under these terms and conditions. Seller’s quotation is valid only for 7 days and may be withdrawn or modified by the seller at any time prior to receiving purchaser’s order. Prices quoted are for specific minimum quantities to be delivered within four months.

ACCEPTANCE (ORDER)

  1. All quotations are subject to confirmation by the seller on receipt of any order and the seller reserves the right to refuse any order.
  2. Upon seller’s acknowledgement, purchaser’s order is accepted under seller’s terms and conditions of sale and those specified in the quotation.
  3. Quotations provided by the seller will only remain valid for 7 days after which the seller reserves the rights to re-tender if requested by the purchaser to proceed further.

PRICE

  1. All quotation and contract prices are calculated based on labour and materials, freight, exchange rate and import duty ruling at the date of the order.
  2. Seller reserves the right to revise the price at any time due to unexpected, significant changes in circumstances. In the event that purchaser and seller fail to agree on the revised price, seller may, at its sole discretion, elect to cancel any remaining portions of the order without penalty or cost to seller.

TERMS OF PAYMENT

  1. Where credit is granted, unless otherwise agreed in writing, all sums payable in respect of the seller, must be paid in the full amount as indicated on the invoice no later than 7 days from the date of invoice.
  2. If payment is not made in accordance with clause 12, the seller reserves the right to charge 9% interest on the overdue balances for the period from the date of the invoice until the date of payment.
  3. Failure to pay by the due date shall entitle the seller to suspend delivery of all current and future orders.
  4. The seller reserves the right at any time and in its absolute discretion to demand immediate payment of any account and to take legal action to recover the debt and costs.
  5. The seller reserves the right in its absolute discretion to refuse to grant credit.
  6. The seller may, at any time, without limiting any other rights and remedies it may have, set off any amount owing to it by the purchaser against any amount payable by the seller to the purchaser.

WARRANTY

  1. Seller makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the goods, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded. No action or claim of whatever nature shall lie against the seller arising out of or in connection with any defects in, or unsuitability of, any goods.
  2. Without derogating from the generality of any of the provisions hereof, the seller shall not at any time be liable for any claims of whatsoever nature and howsoever arising for any direct, indirect or consequential loss or damage which may be sustained by any person or property in connection with the use of the goods.
  3. The goods supplied by seller shall be suitable only for the purpose designed and intended and the purchaser shall ensure the goods are handled, stored, installed, used or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the instructions given by seller.
  4. The seller shall not be responsible for the infringement of any patent, copyright or design in the manufacture or delivery of any goods manufactured according to the requirements of the purchaser, and the purchaser hereby indemnifies the seller against any claims of whatsoever nature that may be made or brought against the seller as a result of any such alleged infringement. In the event of the seller being restrained as a result of any such infringement from manufacturing the goods ordered, the purchaser shall be liable to the seller for the full loss of profit and any other loss or damages or legal expenses, including all legal costs on the attorney and client scale which may be sustained by the seller by reason of any such restraint.
  5. No relaxation or indulgence granted to the purchaser by the seller at any time shall be deemed to be a waiver of any of the seller’s rights in terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of the terms and conditions set out herein, or create any Estoppel against the seller.

OWNERSHIP

  1. Irrespective of the type of transaction, the seller hereby reserves its rights to ownership of the goods until fully paid for by the purchaser.

RISK

  1. On delivery of the goods to the purchaser, the risk in and to the goods shall pass to the purchaser notwithstanding that ownership in the goods remains vested in the seller until full payment has been made by the purchaser.

RETURNS

  1. The seller agrees to returns and exchanges of goods provided that the following provisions shall be applicable:
    • Any refund or credit will only take place once the seller has received and processed return of the goods.
    • The seller shall have the discretion to refund the purchaser by any appropriate means including cash or by crediting the relevant purchaser’s purchaser account.
  2. The purchaser shall be fully responsible for payment of any fees or expenses for such returned goods.
  3. The purchaser shall not be refunded for any delivery cost under any circumstances.

PROHIBITION OF SET OFF

  1. The purchaser waives any right of set off the purchaser might have against the seller in respect of any amount which may now or in the future be or become owing by the seller to the purchaser. The purchaser agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which the seller may bring against the purchaser for the enforcement of its rights whether in respect of credit facilities extended by the seller to the purchaser or otherwise.
  2. Should the purchaser fail to make any payment to the seller under any contract or should the purchaser be in breach of any of the provisions of these Terms and Conditions and fail to remedy such breach within 20 (TWENTY) business days after receiving a written demand that it be remedied, the seller shall be entitled, without prejudice to any alternative or additional right of action or remedy available to the seller, to cancel any contract with the purchaser with immediate effect.

LEGAL

  1. In the event that any legal action is taken or any amount remains outstanding and the seller instructs attorneys to recover such unpaid costs, the Consumer shall be liable for all legal costs on an attorney-client basis incurred by the seller in this regard.
  2. These Terms and Conditions, and all transactions relating to the purchase of goods shall be governed, in all respects by, and shall be construed and interpreted according to the laws of the Republic of South Africa.
  3. Subject to the CPA, the purchaser also agrees and consents in terms of section 45 of the Magistrates’ Court Act (”the MCA”) to the jurisdiction of a Magistrates’ Court having jurisdiction over the person of the purchaser or in regards of the claim in terms of Section 28 of the MCA, in respect of any proceedings or claims or action being instituted against the purchaser by seller in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrates’ Court, provided that seller may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction.
  4. The seller may, in its sole discretion, at any time, (and the purchaser hereby consents thereto) make whatever investigations it deems necessary, or authorise any third party to conduct such investigations regarding the purchaser’s ability to pay the seller, including the right to inspect the purchaser’s books and documents, whether with the purchaser’s auditors and bankers or otherwise, on reasonable notice to the possessors of those books and documents.

DELIVERY POLICY

  1. The purchaser chooses its domicilium citandi et executandi at the shipping or delivery address as reflected in the invoice for the goods, failing which, any other physical address of the purchaser.
  2. When effecting delivery at the purchaser’s premises or such other premises as nominated by the purchaser, the purchaser shall be responsible for receiving, unloading and checking the goods in the presence of the seller’s representative making delivery.
  3. Although reasonable care shall be taken, seller accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and goods.
  4. Delivery of the goods at the shipping or delivery address nominated by the purchaser shall constitute good delivery. Any acknowledgement of receipt by the purchaser or any authorised representative or employee of the purchaser, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
  5. If, on the instructions of the purchaser, the goods are delivered to a carrier for delivery to the purchaser, delivery to the purchaser shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the purchaser’s agent for purposes of these Terms and Conditions.
  6. In the event of short delivery, the purchaser shall forthwith upon delivery endorse seller’s copy of the delivery note specifying details of the short delivery and thereafter within 7 (SEVEN) days of such delivery the purchaser shall lodge a claim with seller in respect of such short delivery.
  7. In the event that the goods are delivered in a damaged or defective state, the purchaser shall forthwith upon delivery endorse seller’s copy of the delivery note detailing the damage or defects to the goods and the purchaser shall within 7 (SEVEN) days of such delivery notify seller of such damage or defects in the goods delivered, following which the returns policy shall be followed.
  8. On compliance by the purchaser with the requirements of this delivery policy, and provided seller agrees with the information supplied by the purchaser, seller will or may grant the purchaser credit, subject to the provisions of the returns policy.