Standard sales terms

These Standard Sales Terms contain the terms and conditions in terms of which the SELLER does business with the BUYER. KINDLY STUDY THE PROVISIONS WITH THE NECESSARY CARE SINCE THEY ARE VERY IMPORTANT.


Should the Consumer Protection Act, Act 68 of 2008 (hereinafter referred to as "the Act") be applicable to the transaction, the provisions of the act will receive preference above the provisions contained herein.

General

The “SELLER” means HINTERLAND SA (Pty) Ltd, the “BUYER” means the natural person or legal entity who buys the product and "GOODS" mean the products purchased respectively. The “PARTIES” mean the SELLER and the BUYER.

In instances where the goods are purchased as “open stock”, as determined by the act, the provisions of the act are applicable to the transaction, notwithstanding the fact that the BUYER is exluced from the act in terms of section 5.2 of the act.

Representation

No representative, agent or salesman of the SELLER has any authority to change any terms or conditions hereof or to make any representation on behalf of the SELLER. No alleged amendment of any term or condition herein will have any legal power, unless such amendment is reduced to writing and signed by an authorised representative of the SELLER.

Delivery

Unless agreed differently by the PARTIES, delivery and risk transfer of the GOODS shall take place once the GOODS have been bought and paid for. Should the services of a transport contractor be used, such person will act as a representative of the BUYER. Should the BUYER request delivery to take place at an alternative place and time, the parties explicitly agree herewith that the delivery time and place cannot be guaranteed.

The SELLER will not be liable for any damage incurred by the BUYER due to the late delivery of any GOODS.

The GOODS reflected on the delivery note will be deemed to be the agreed amendment of the order, to the extent to which it differs from the order involved, UNLESS THE BUYER REFUSES SUCH GOODS IN WRITING WITHIN 5 (FIVE) DAYS OF RECEIPT THEREOF.

Quality

The SELLER will ensure that the GOODS comply with the description thereof, as legally required.

Indemnification

THE BUYER FURTHER INDEMNIFIES THE SELLER AGAINST:

  • ANY NEGLIGENT AND/OR DELIBERATE ACTION BY THE BUYER OR HIS EMPLOYEES OR CONTRACTORS WITH REGARDS TO THE GOODS OR THE USAGE OF THE GOODS;
  • ANY LOSS, DAMAGE (INCLUDING CONSEQUENTIAL DAMAGE) OR LIABILITY CAUSED BY OR ARISING FROM, WITHOUT LIMITATION, THE USAGE, TRANSPORT OR STORAGE OF THE GOODS AFTER DELIVERY THEREOF TO THE BUYER;
  • ANY LOSS, DAMAGE (INCLUDING CONSEQUENTIAL DAMAGE), DEATH OF OR INJURY TO THIRD PARTIES ARISING FROM THE BUYER'S NEGLECT TO PROVIDE SUCH PARTIES WITH INFORMATION IN RESPECT OF, BUT NOT LIMITED TO, INHERENT DANGERS, CORRECT USAGE, STORAGE AND DESTRUCTION OF THE GOODS AND/OR THE BUYER'S NEGLECT TO TAKE ALL REASONABLE AND NECESSARY STEPS TO PREVENT SUCH INCIDENTS DURING THE USAGE, STORAGE AND DESTRUCTION OF THE GOODS BY THE BUYER; AND
  • ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL DAMAGE) CAUSED BY OR ARISING FROM A VIOLATION OF THE BUYER'S GUARANTEE CONTAINED IN CLAUSE 12.4 OF THESE STANDARD SALES TERMS.

Liability

THE BUYER RENOUNCES ANY CLAIM FOR LOSS, DAMAGE OR LIABILITY WHICH HE MAY HAVE AGAINST THE SELLER, ARISING FROM BUT NOT LIMITED TO, CLAIMS BASED ON THE GOODS NOT BEING SUITABLE FOR THE BUYER'S PURPOSES, EXCEPT TO THE EXTENT TO WHICH THE SELLER HAS BEEN NOTIFIED OF THE PURPOSES FOR WHICH THE BUYER PURCHASED THE GOODS AND THE EXTENT TO WHICH THE SELLER INDICATED TO THE BUYER THAT THE GOODS WOULD BE SUITABLE FOR THAT PURPOSE.

THE SELLER WILL NOT BE LIABLE FOR ANY CONTRACTUAL, DELICTUAL AND/OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF PRODUCTION AND LOSS OF MARKET SHARE ARISING FROM ANY ALLEGED LACK AND/OR UNSUITABILITY OF THE GOODS AND/OR ANY LATE DELIVERY THEREOF. THE LIABILITY OF THE SELLER WILL, UNDER ALL CIRCUMSTANCES AND IRRESPECTIVE OF THE MANNER IN WHICH IT MAY ARISE, AT THE SOLE DISCRETION OF THE SELLER, BE LIMITED TO THE REPLACEMENT OF THE GOODS CONCERNED AT NO COST FOR THE BUYER.

Payment

All invoices are payable immediately and interest will be charged at a rate equal to the maximum rate allowed in terms of legislation, from date of delivery and/or invoicing, whichever may come first, until date of payment.

Every delivery will be regarded as an independent agreement and the invoice will be issued to the BUYER upon delivery in respect of the purchase price and transport costs, if applicable.

Should payment not be effected promptly, all discounts granted to the BUYER will be forfeited and the BUYER will be liable for the payment of the full purchase price, without discounts.

All payments will first be appliled against interest, then against any legal costs and lastly against the capital owed.

The BUYER is not entitled to deduct any amount(s) from or to set off any debt calculation in respect of the invoiced amounts under any circumstances.

All legal and other costs incurred by the SELLER for the recovery of any monies due to him in terms hereof, shall be paid by the BUYER on an attorney and client scale.

Ownership and risk

In terms of the specific and material terms and conditions relating to this agreement, the right of ownership of the GOODS sold in terms of this agreement, will at all times vest with the SELLER and will only be transferred to the BUYER upon payment of the full outstanding amount.

Risk in respect of loss or damage of the GOODS will revert to the BUYER upon delivery and/or payment, whichever occurs first, unless agreed differently. The BUYER will take reasonable precaution to ensure the safe-keeping, storage and handling of the GOODS.

Descriptive material

Illustrations, descriptive material and other literature available in respect of any product sold by the SELLER, are only meant as guideline and shall not be regarded as binding on the SELLER.

Guarantee

The SELLER shall provide no guarantee, explicitly or implicitly, in respect of the GOODS, including but not limited to, any condition and/or guarantee, whether statutory, commonly or otherwise in respect of quality, suitability for a specific purpose (UNLESS SUCH A REPRESENTATION IS EXPLICITLY MADE BY THE SELLER) and/or the saleability of the goods (EXCEPT THAT THE GOODS SHALL BE OF A GOOD QUALITY AND FREE FROM DEFECTS).

Any recommendation or advice provided by or on behalf of the SELLER is provided in good faith, but the SELLER does not incur any liability. The use or application of the GOODS is the responsibility of the BUYER and the BUYER shall not depend on any advice by the SELLER in respect of the use or application of the GOODS.

Submission of claims

In instances where the BUYER orders GOODS directly, the BUYER shall inspect the GOODS immediately upon receipt thereof and shall advise the SELLER in writing of any shortages, incorrect GOODS or defective GOODS within 14 (FOURTEEN) days from the date of delivery thereof.

GOODS shall only be returned in accordance with the returns policy of the SELLER.