“Seller”shall mean Generatorparts or any of its subsidiaries.
“Purchaser”shall mean the purchaser as reflected on the invoice
2.1 Where delivery is made by the Seller, the point of sale, delivery and risk shall be determined to have occurred at the Purchaser’s delivery address.
2.2 All other couriers are deemed to be acting as agents for the Purchaser and risk passes to the Purchaser when the goods are in possession of such couriers.
2.3 Dates of delivery are approximate dates only.
2.4 The Seller reserves the right to charge for delivery.
3.1 Ownership of the goods supplied shall not pass to the Purchaser until payment has been made in full to the Seller.
3.2 Should a Trustee or Liquidator be appointed to handle the affairs of the Purchaser, the Seller shall be entitled to enter the Purchaser’s premises to repossess or trace either the goods or any proceeds from the sale thereof.
4.1 Payment terms are strictly 30 days Nett from date of statement unless otherwise specified on the face of the invoice.
4.2 The Seller may, in its sole discretion, elect to charge interest on overdue accounts at 2% above prime rate for unsecured overdraft facilities, as determined by First Rand Limited (F.N.B) from time to time.
4.3 All payments made by the Purchaser to the Seller shall be free of exchange and without deductions or set-off.
5.1 The Seller makes no warranties either express or implied of any nature whatsoever in respect of the goods or their suitability for any purpose.
5.2 In any instance where the Seller is in possession of a warranty from it’s suppliers in respect of the goods sold, the Seller may, in its sole discretion, pass such warranty benefits to the Purchaser.
6.1 Where the Seller in its sole discretion, elects to accept goods for return, a handling fee of 15% of the invoice value of the goods will be levied. In any event, goods will not be accepted for return unless they are in the original packaging and in a saleable condition.
6.2 The risk on goods returned remains with the Purchaser until a credit note is passed.
6.3 Goods specifically sourced for the Purchaser shall not be refundable unless the source supplier is prepared to accept such return.
6.4 Electrical goods are not refundable.
6.5 No returns will be accepted more than 60 days after date of invoice.
7.1 The Purchaser consents to the discretionary option of the Seller to institute any action in any Magistrates Court in the Republic of South Africa.
A certificate signed by a director of the Seller showing the amount due and owing by the Purchaser at any given time, shall be conclusive proof of the facts therein stated for the purpose of all proceedings against the Purchaser for the recovery of the said amount.
8.1 If the Purchaser commits any breach whatsoever of the Terms and Conditions of any contract of these Conditions of Sale between it and the Seller, the Seller may, in its sole discretion, cancel such contract without prejudice to any rights which the Seller may have arising out of such a breach or cancellation, and the Seller may claim immediate payment of the amounts due and owing by the Purchaser. The Purchaser shall have no claim of any nature whatsoever arising from such cancellation.
8.2 The Purchaser shall be liable for all the costs (including on Attorney/Client basis) incurred by the Seller in collecting overdue amounts and in enforcing its rights under any contract.
9.1 Claims for short deliveries will not be considered unless in writing and received by the Seller within 10 days from date of delivery. The onus rests with the Purchaser to claim from the carrier where any shortages are proved to be the fault of the carrier or courier.
9.2 No deviation by the Seller or its rights shall result in a waiver or novation of any rights it has against the Purchaser.
9.3 All prices are strictly reflected on the invoice and not subject to further discount or deduction.
9.4 Credit facilities may be withdrawn or amended at any time by the Seller in its sole discretion without prior notice.
9.5 The Purchaser chooses his domicillum citandi et executandi at the address set out on the face thereof.
9.6 Any variation of these Conditions of Sale must be executed and signed by both parties.
9.7 All manufacturers names, symbols and descriptions are used for reference only, and it does not imply that any part listed is the product of these manufacturers.