(We were told by our laywers that this part is important so please take the time to read through this)
TERMS AND CONDITIONS OF SUGAR AND CRAFTS (PTY) LTD registration no. 2012/023439/07 (herein after referred to as “SAC”)
1. Your attention is specifically drawn to the following and is to be carefully noted:
These terms and conditions contain certain terms and conditions which appear in similar text style to this clause and which:
A. may limit the risk or liability of SAC; and
B. may create risk or liability for yourself and/or your company/employer; and
C. may compel you and/or your company/employer to indemnify SAC or a third party; and
D. may serve as an acknowledgement, by you and/or your company/employer, of a fact
E. You and/or your company/employer acknowledges, agrees to and understands the terms and conditions contained herein as well as the language (English) used herein. A copy of these terms and conditions is available in English, upon request
F. These terms and conditions shall apply to any and all business between the Customer and SAC
2.1 Customer/Client means the person who accepts the quotation or who authorises SAC to order goods on he Customer/Client’s behalf. The terms Customer and Client shall be used interchangeably in this agreement.
2.2 Authorized person means any person authorized by the Customer/Client to Order and/or accept goods so ordered on the Customer’s behalf and/or instruct SAC to order such goods on the Customer’s behalf
2. TELEPHONIC/VERBAL/OTHER ORDERS:
3.1 Any order via telephone or verbally in any form shall be deemed and treated as an offer by the Customer
3.2 The agreement/contract between SAC and the Customer shall come into effect immediately upon order by the Customer
3.3 These Terms and Conditions shall not be altered, modified or varied unless expressly agreed in writing by the duly authorized director of SAC
3.4 All products are sold according to standard product specifications
3.5 Any recommendation or advice is offered in good faith and SAC shall not be held responsible for any losses or damages sustained by the Customer as a result of such recommendation or advice
4.1 The price shall be the price quoted by SAC at the time of the customer placing the order
4.2 ALL QUOTES ARE VALID FOR 7 DAYS ONLY
4.3 All quotations given are estimates only and may be subject to change
4.4 Any variation to the order shall be charged and invoiced accordingly to the customer placing the order
5.1 Orders require a 50% deposit paid in advance
5.2 Invoices are payable immediately upon presentation and prior to delivery unless other arrangements have been made and confirmed by SAC in writing
5.3 Payment shall be required from the Customer/Client. The Customer/Client is liable for all orders placed at all times
5.4 SAC shall charge interest on all overdue accounts at the rate of 2% per month compounded
5.5 In the event of non-timeous payment, SAC reserves the right to charge full tariffs and void any discounts
5.6 The customer remains liable for full payment of the invoice regardless of the outcome of the customer’s insurance claim
5.7 A certificate by a senior manager of SAC shall be prima facie proof of the amount of the Client’s indebtedness to SAC for the purposes of any and all legal proceedings and the recovery of all outstanding amounts.
6.1 Delivery times quoted are estimates only and time shall not be of the essence of the contract.
6.2 Delivery shall be deemed to take place when the goods arrive at the Customer’s premises either via SAC’s appointed courier or SAC itself and/or the Customer collects the goods from SAC.
6.3 Should the Customer elect to make use of it’s own courier or collection agent, delivery shall take place immediately when such goods are handed by SAC or it’s authorized representative to the Customer and/or it’s courier and/or other collection agent.
6.4 All risk in the goods shall pass to the Customer (including its appointed agent) at the time of delivery.
6.5 The Customer/Client shall inform SAC (in writing or verbally) of whom shall be responsible to accept delivery on the Customer/Client’s behalf (the authorized person). In the event of the Customer/Client placing the Order not being personally available at the delivery address and failing to specifically inform SAC of the identity of such authorized person to accept delivery on the Customer/Client’s behalf, the Customer/Client hereby authorize SAC to deliver the purchased item/s to any natural person present at the nominated address who is over the age of 16
6.6 In the event that the Client/Customer becomes aware that they and/or their authorized person to accept delivery shall not be available at the delivery date, it is the Client/Customer’s responsibility to inform SAC within 48 hours of delivery. Failing which the Customer/Client shall be responsible for any and all wasted costs SAC may have incurred as a result of such failure to inform SAC that the Customer is not available to accept delivery on the agreed date of delivery.
6.7 Should no-one be present at the nominated address at the time of delivery, the Customer’s purchased item/s will be returned to SAC. The Customer shall be liable for the wasted costs thereof.
6.8 It is the obligation of the Customer and/or its authorized representative to satisfy themselves as of the identity, quality and specification of the goods.
6.9 It is the obligation of the Customer and/or its authorized representative to ensure that the goods so delivered are correctly delivered and meet the Customer’s satisfaction.
6.10 In the event that the Customer failed to collect the goods themselves/receive delivery of goods themselves and failed to elect a nominated/authorized representative to so receive delivery, then the goods shall be delivered to any person seemingly over the age of 16 found at the nominated address. Inspection shall then take place by this person and SAC shall accept no responsibility whatsoever should such person accept delivery and fail to note in writing any defects to the product
6.11 The Customer/and or authorized person and/or anyone at the premises/nominated address seemingly over 16 years old’ signature for receipt of the document shall be prima facie proof that the goods were delivered in good order. It shall be up to the Customer to prove otherwise.
6.12 All goods are deemed to have been delivered in good order unless the customer otherwise states in writing immediately upon receipt of the goods.
6.13 Should goods fail to meet specifications, SAC’s liability shall be limited to replacement of the goods and/or refund of the purchase price only. SAC shall have the sole discretion whether to replace the goods or refund the purchase price.
7.1 Ownership of the goods shall not pass to the Customer until full payment of all outstanding invoices. The client is obliged to return to SAC all goods belonging to SAC, upon request in the event of non-payment of invoices
7.2 Notwithstanding any other rights SAC may have, SAC reserves the right to remove all goods, at the Customer’s expense in the event of non-payment.
8.1 All goods sold by SAC carry the warrantee/guarantee issued by such manufacturer of such goods
8.2 Goods will be refunded or exchanged, in accordance with the applicable provisions of the Consumer Protection Act, if the goods were defective, unfit for purpose or failed due to a design or manufacturing flaw. SAC reserves the right to refer returned goods for technical assessment by the manufacturer or authorized service centre.
8.3 SAC will gladly refund perishable goods should customers not be satisfied with the quality thereof, within the product’s Expiry date and if is in its original packaging. Should a product be defective the product should be brought back/couriered to the SAC in its original packaging within 48 hours of the customer receiving the goods.
8.4 SAC shall not be responsible whatsoever for defects which have occurred due to the following:
a. misuse neglect, lightning, accident, improper storage, installation or handling;
b. lightning or Power surges;
c. damage caused by misuse or abuse to the goods or contrary to instructions and warnings provided on the goods or their documentation;
d. goods used for a purpose other than the purpose for which they were intended;
e. accidental damage;
f. goods that have been altered or physically changed in any way;
g. exposure to the elements
8.5 In the event of the defect being caused by a, b, c, d, e, f or g above, the Customer shall be liable for inspection, shipping, handling, removal, work conducted, labour and the like incurred by SAC in connection with the alleged faulty good
9. LIABILITY OF SAC:
The customer indemnifies SAC against any claim or liability that be brought against SAC or which SAC may suffer in the course of or arising out the provision of any of the Services or related to the goods, unless caused by SACs gross negligence or wilful misconduct or breach of these conditions, but subject to relevant applicable laws
10. CUSTOMERS/CLIENTS OBLIGATIONS
Customer/client shall arrange access to their premises/nominated address for delivery in the event that SAC or its courier are to deliver the goods to the client’s premises/ nominated address for delivery
11. CIRCUMSTANCES BEYOND CONTROL OF SAC/FORCE MAJEURE
In the event that SAC is prevented from performing its obligations under any agreement with client by an event beyond its control (such as transportation problems of supplier and the like), SAC will be excused for its delay in performing its obligations under the contract, or, in an extreme case (ie war, invasion, riot, violent commotion, terrorism, natural catastrophes and the like) it may be excused from having to perform the contract at all
12.1 The customer agrees that the premises of delivery shall be the customer’s domicile for all legal purposes
12.2 This Agreement shall be governed by and construed in accordance with South African law
12.3 The parties agree to the jurisdiction of the magistrates court in connection with any dispute arising out of or from this agreement
12.4 Neither party is precluded from approaching the High Court or similar court with jurisdiction to hear any dispute in connection with or arising from this agreement
12.5 All costs incurred by SAC in connection with default of the Customer and/or in connection with any and all of SAC rights, shall be recoverable from the customer on attorney and own client scale
12.6 In the event of an account having to be handed over to SAC attorneys for collection due to non payment, the client will be liable for all costs on the attorney and client scale including collection commission.
12.7 In the event of the customer lodging any cession, suretyship or guarantee in favour of any legal/natural entity, these terms and conditions shall apply mutatis mutandis to the new entity/person
12.8 Notwithstanding any relaxation, indulgence or waiver granted to the customer, no alteration or variation of the contract shall be in force or effect unless it is recorded in writing and agreed to by both parties.
If any term, condition or performance, or any part of a term, condition, provision or performance of this Agreement is determined to be invalid, illegal, unlawful or unenforceable to any extent, that term, condition, provision or performance or the relevant part hereof shall be severed from the remaining terms, conditions, provisions and performance of this Agreement, or amended to make it valid, legal, lawful and enforceable, in such a manner as to leave the amended Agreement substantially the same in essence, and this Agreement so amended shall remain in force and effect