Standard Terms and Conditions –
STANDARD TERMS AND CONDITIONS OF SALE
Except as otherwise agreed in writing, all transactions, quotations, tenders, offers to contract and contracts (whether written or oral) for the supply of the Products and/or services (“the Products”) by Piet van der Westhuizen, shall be subject to these standard terms and conditions of sale. These terms and conditions will be subject to the CPA and the Credit Act.
1.1 “Affiliate” means any person, firm or corporation which is a subsidiary, parent or affiliate of Piet van der Westhuizen or the successor to Piet van der Westhuizen by a merger or by a transfer of a substantial amount of Piet van der Westhuizen’s assets;
1.2 Piet van der Westhuizen” shall mean Piet van der Westhuizen Homemade Knives Voorbaai Mossel Bay;
1.3 “CPA” shall mean the Consumer Protection Act 68 of 2008;
1.4 “Client” shall mean the ultimate end user of the Product;
1.5 “Credit Act” shall mean the National Credit Act 34 of 2005;
1.6 “Customer” shall mean the person, natural or otherwise, who purchases the Products from Piet van der Westhuizen under these terms and conditions;
1.7 “Customer documents” means any documentation or previous discussions, whether in writing or otherwise, between Piet van der Westhuizen and the Customer relating to the sale of Products with the exception of a franchise agreement as defined in the CPA;
1.8 “Products” shall mean all items including services presently being sold or supplied by Piet van der Westhuizen including but not limited to Knives, daggers, swords and blades
2.1 The Customer shall be bound by these standard terms and conditions of sale in all transactions for the purchase of the Products. Any franchise or similar agreement between the Customer and Piet van der Westhuizen or any of its Affiliates supersedes the clauses of these terms and conditions to the extent of any conflict;
2.2 The Customer shall inform its Clients that the Products are sold subject to these standard terms and conditions of sale and the Customer shall be deemed to have so informed its Clients in respect of all sales of the Products by the Customer to its Clients. Customer shall retain proof of each instance of such disclosure, which will be presented toPiet van der Westhuizen on demand.
3.1Piet van der Westhuizen reserves the right to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.
4.1 The payment terms are as follows:
4.1.1 The terms of payment are strictly in advance, unless otherwise agreed to by Piet van der Westhuizen in writing;
4.1.2 Payment should be reflected in Piet van der Westhuizen’s bank account in advance, unless, otherwise agreed to by Piet van der Westhuizen in writing;
5.1 Subject to the CPA, and although Piet van der Westhuizen will endeavour to deliver the Products according to the Customer’s requirements, we will not be bound to such delivery requirements of the Customer and accordingly we shall not be liable in any manner whatsoever for failure or delay in delivery;
5.2 Piet van der Westhuizen shall at its discretion be entitled to effect and invoice for part deliveries;
5.3 In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Piet van der Westhuizen’s copy of the delivery note detailing the damage or defects to the Products and the Customer shall within three (3) days of such delivery notify Piet van der Westhuizen of such damage or defects in the Products delivered;
5.4 On compliance by the Customer with 5.4 and 5.5 and provided Bridgestone agrees with the information supplied by the Customer, Bridgestone will either make up the shortfall in the Products or replace the damaged or defective Products as the case may be;
6.1 Irrespective of the type of transaction, Piet van der Westhuizen hereby reserves its rights to ownership of the Products until fully paid for by the Customer;
6.2 In order to give effect to 6.1, the Customer shall ensure the Products remain movable property, severable from any other movable or immovable property to which the Products may be attached;
6.3 In the event of non-payment by the Customer for any reason whatever, we shall, in keeping with its rights of ownership in the Products, be entitled to repossess the Products without prejudice to any other rights of Piet van der Westhuizen
6.4 For so long as ownership in the Products remain vested in Piet van der Westhuizen, the Customer shall:
6.4.1 keep the Products free from attachment, landlord’s hypothec, lien or any other legal charge or process;
6.4.2 not without the prior written consent of Piet van der Westhuizen sell, let, loan, pledge, transfer, otherwise make over or encumber the Products;
6.4.3 forthwith notify its landlord of Piet van der Westhuizen’s reservation of ownership in the Products;
6.4.4 subject to the Credit Act if applicable, keep the Products insured for loss or damage through fire, theft or any other incident, with an insurer acceptable to Piet van der Westhuizen for the replacement value thereof and the Customer shall pay the insurance premium arising from such insurance promptly and on due date and upon request shall forthwith display such insurance policy and proof of payment to Piet van der Westhuizen.
7.1 On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remain vested in Piet van der Westhuizen.
8.1 Subject to the CPA, Bridgestone makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products and all conditions and warranties whatsoever whether implied or otherwise are hereby expressly excluded.;
8.2 Subject to the CPA, Piet van der Westhuizen shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products;
8.3 The Customer shall not convey to its Client a greater obligation or benefit than that given to the Customer by Piet van der Westhuizen;
8.4 The Products supplied byPiet van der Westhuizene shall be suitable only for the purpose designed and the Customer shall ensure the Products are handled, stored, installed, used, operated or otherwise dealt with in a normal and proper manner and where applicable, in a manner consistent with the instructions given by Piet van der Westhuizen.
8.5 Subject to the CPA, no claim shall lie against Piet van der Westhuizen arising out of or in connection with any defects in, or unsuitability of the Products.
9.1 Without derogating from the generality of any of the provisions hereof, and subject to the CPA, Piet van der Westhuizen shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the Customer or any of the Customer’s clients in connection with the use of the Products and the Customer hereby indemnifies Piet van der Westhuizen against all such claims;
9.2 The Products are sold subject to Piet van der Westhuizen’s specifications and recommendations. Failure to adhere to these may result in damage, injury or harm.
13.1 Subject to the CPA, in all transactions with the Customer, any clauses or conditions contained in or forming part of the Customer’s documents shall not amend or modify these terms and conditions of sale and Bridgestone shall not be bound thereby;
13.2 These standard terms and conditions of sale shall supersede any conflicting clauses or conditions whether verbal or contained in any of the Customer’s documents.
14.1 All transactions shall be governed in all respects by, and shall be construed according to the laws of the Republic of South Africa.;
14.2 Subject to the CPA, the Customer agrees and consents in terms of Section 45 of the Magistrate’s Court Act (“the MCA”) to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Piet van der Westhuizen in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate’s Court, provided that Piet van der Westhuizen may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the South Western Cape Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Piet van der Westhuizen in the event of Piet van der Westhuizen exercising its rights in terms hereof.
15.1 The Customer chooses domicilium citandi et executandi at the address as reflected in the “Application for Credit Facilities”.