STANDARD CONDITIONS OF SALE
applicable
to
BERNARD
SACKS cc
BERNARD SACKS COMPUTERS
COMPUAGE cc
Any price lists exhibited, circularised, or issued by the seller is for information
only and is subjected to change or variation without notice and does not
constitute offers of sale at the prices listed.
· Under no circumstances whatsoever including
as a result of its negligent (including grossly negligent) acts or omissions of
those of it’s servants, agents, or contractors or other persons for whom in law
it may be liable for any data loss.
· Goods and equipment accepted in for repairs or maintenance
remain at the risk of the customer. Under no circumstances whatsoever including
as a result of its negligent (including grossly negligent) acts or omissions of
those of it’s servants, agents, or contractors or other persons for whom in law
it may be liable for any consequential loss sustained by the customer. This
also constitutes a stipulatio alterati
in favour of such persons and the benefits of which
may be accepted by them at any time.
· All payments of any amount due are strictly on a C.O.D.
basis or such later date as may be accepted by the seller in writing.
· If the purchaser fails to make payment of any amount
due, on the due date, then the purchaser acknowledges that the seller will be
entitled to charge interest on all overdue amounts at a rate of 2% per month,
compounded provided that the seller shall be entitled in it's sole and absolute
discretion, to vary the rate of interest without notice to the purchaser.
· Payment may not be withheld by purchaser pending settlement
of any claims or dispute under these conditions of sale.
· The seller shall, in its sole discretion at any time
without prior notice to the purchaser, be entitled to reduce the credit limit
initially imposed on the facilities extended to the purchaser.
· The purchaser hereby agrees that a
certificate signed by a director of the seller reflecting the balance then
owing on account, shall be prima facie evidence of the amount owing for
purposes of any action by the seller for payment of such balance and will
constitute an acknowledgement of the debt by the purchaser in favour of the seller for the sum reflected in such
certificates entitling the seller to claim provisional sentence or to obtain
summary judgement against the purchaser, as if the
document were a liquid document signed by the purchaser.
· Should any payment due by the purchaser to the seller not be
made on due dates or should the purchaser be placed in compulsory or voluntary
liquidation, compulsory or voluntary judicial management or attempt to affect a
compromise with one or more of its creditors or commit any act of insolvency,
the full balance owing to the seller by the purchaser as at the date thereof,
from whatsoever cause arising, shall immediately become due and payable without
notice by the seller. The seller in its sole discretion shall furthermore have
the right to cancel any contract between the seller and the purchaser and have
the right to refuse to deliver any goods to the purchaser, in which event the
purchaser shall have no claims against the seller arising out of such
cancellation or the refusal of the seller to deliver any further goods to the
purchaser.
· Any promissory note and/or negotiable
instruments and/or any other bill of exchange shall be deemed to have been
accepted by the seller without prejudice to the seller's rights against the
purchaser in respect of the original cause of debt, and the purchaser hereby
waives the requirements of presentment, notice of dishonour
and protest, in respect of any promissory note, negotiable instruments or other
bills of exchange in terms of which it is liable as drawer, endorser, surety,
co-principal debtor, or aval and in respect of which
the seller shall become the holder.
· Delivery dates are approximate, and whilst the seller will
make every effort to adhere to the dates (if any) stated in the Order
Confirmation, to ensure that the goods are delivered timeously,
in no case shall time be of the essence to the contract unless specifically
agreed to by the seller in writing, and the purchaser shall have no claim of
whatsoever nature arising out of any delay in delivery.
· The seller does not hold itself liable for
any delays caused by breakdown of machinery, strikes, civil commotion, labour disputes, political riot, accidents, orders or
regulations by any government or other authority, acts of God, casus fortuitis or any other
cause whatever beyond its control.
· The purchaser shall be obligated to accept delivery of
the goods when delivery is made by the seller to the purchaser at the address
given on the face hereof or when goods are collected from the seller. Should
the purchaser fail to take delivery or should the purchaser purport to withdraw
his offer to purchase, then the seller shall be entitled as its option -
a)- to demand the return of the goods and retain any
monies paid the purchaser as rouwkoop, alternatively,
to claim damages;
b)- to claim immediate payment of the full purchase
price, or the balance thereof, as the case may be, against tender of the goods.
· The seller must be notified within three days of receipt
by the purchaser of the goods of any complaint in respect of damaged goods
and/or specification of material supplied and should the purchaser fail to
notify the seller within the said three day period, the failure to do so will
invalidate any further or subsequent claims.
· The seller undertakes to make every effort to ensure that
the goods supplied will conform to specifications and/or to any requirements
specifically accepted by it in writing in regard to any particular order, but
gives no warranty express or implied in regard to material, workmanship or
fitness of goods for any particular purpose.
· In the event of goods not providing to be in
accordance with the specifications or requirements referred to above as
determined by the seller, the seller shall not be responsible for any damages
whatsoever whether direct or consequential occasioned by such deviation from
specifications.
· Notwithstanding anything to the contrary contained herein, it is
incumbent on the purchaser, when returning any goods, to ensure that such goods
are handled in an appropriate manner and that sensitive equipment is handled in
such a way as not to occasion any damage to such equipment. Should damage be
done to goods as a result of mishandling, which shall be decided at the sole
and absolute discretion of the seller, the seller shall incur no liability in
respect of such damage.
· The seller shall not be obliged to accept any goods
returned by the purchaser for credit unless the purchaser has complied with the
provisions of clause 15. Notwithstanding the foregoing, the seller may in its
sole discretion accept goods returned by the purchaser for credit provided that
in the event that the seller in its discretion agrees to pass credit to the
purchaser, in respect of goods returned by the purchaser, then and in such
event the purchaser agrees that the seller shall be entitled to handling charge
in an amount equivalent to 10% of the selling price of the goods returned.
· Should the seller in its sole discretion be of the opinion
that any goods returned were originally supplied defective, it shall at its
sole discretion have the option of ceding any action it may have against the
manufacturer or supplier to the purchaser and the purchaser shall have the
opportunity at its own discretion to pursue such action against the
manufacturer or supplier.
· The purchaser hereby agrees and consents that the seller
shall be entitled at its option to institute any legal proceedings which may
arise out of or in connection with these conditions of sale in any Magistrates'
Court having jurisdiction in terms of Section 28 of the Magistrates' Court Act,
1944 (Act no 32 of 1944), as amended, notwithstanding that the claim or value
of the matter in dispute might exceed the jurisdiction of such Magistrates'
Court in respect of the causes of action.
It is agreed however that the seller shall
have the right, at its discretion, to institute any legal proceedings against
the purchaser in the Supreme Court of the
· In the event that the seller is obliged to institute
action against the purchaser for payment of any amounts due arising out of any
agreement between the seller and the purchaser, the purchaser acknowledges that
it shall be obliged to pay all costs arising out of the institution of action,
including costs of the seller as on the scale as between attorney and client,
and including collection commissions.
· The purchaser selects as its domicilium
citandi et executandi, the
address reflected on the application to open an account completed by the
purchaser, or in the event that no application to open an account has been
completed, the address for delivery reflected on the invoice addressed by the
seller to the purchaser, where all notices, process and documents in connection
with or arising out of the conditions of sale may validly be served.
· Ownership of the goods shall remain vested in the seller until
such time as the goods have been paid for in full. Until the goods have been
paid for in full, the seller shall be entitled, at any time and without prior
notice to the purchaser, to repossess the goods from the purchaser. Not
withstanding the foregoing, the risk in the goods shall pass to the purchaser
on delivery of the goods to the purchaser or its duly authorised
agent.
· In the event of any written order for goods placed by
any party acting in a representative capacity then such party hereby warrants
that he is duly authorised to place and/or sign such
order and in the event that such party is not authorised,
such party hereby expressly acknowledges that he shall be personally liable to
the seller in respect of all and any amounts that may become due and payable to
the seller arising out of these conditions of sale.
· The purchaser acknowledges and agrees that any
representations, statements or warranties made by the seller or any person
acting or purporting to act on its behalf and not specifically included herein,
are of no force and effect.
· No relaxation or indulgence which the seller may have
granted to the purchaser shall in any way prejudice the seller's rights and
shall not preclude the seller from exercising all or any of its rights
hereunder.
· The conditions of sale, the purchaser's order
which the seller has accepted and undertaken to fulfill as read with any credit
application which may have been completed by the purchaser, represent the
entire agreement between the parties, and no alteration or variation hereof
shall be of any force or effect unless reduced to writing and signed by the parties,
save in such circumstances where it is expressly stated herein that the seller
shall be entitled without notice to the purchaser to vary any of the provisions
of these conditions of sale.
