Except as otherwise agreed in writing, these terms and conditions shall apply to any contract for the sale of any goods / services by Safetygrip, arising out of any offer made by either Safetygrip and accepted by the Customer, or vice versa, or any agreement reached between the parties.
1.1 “Safetygrip” means Safetygrip (Pty) LTD, Reg. No. 2016/172179/07, of P O Box 1819, Pinegowrie, 2123
1.2 “Goods” means all goods sold to the Customer by Safetygrip.
1.3 “Service/s” means any and all services which are provided by Safetygrip to the Customer.
1.4 The “Customer” means the entity applying for credit facilities as fully described on the Credit Assessment Account Application form attached hereto.
1.5 “Act” means the National Credit Act, No. 34 of 2005 and, where applicable, the Regulations promulgated thereunder.
1.6 Words and expressions not defined in this agreement shall, unless the context indicates otherwise, bear the meanings assigned to them in the Act.
2. PURCHASE AND SALE
2.1 The Customer shall be bound by these standard terms and conditions of sale in all transactions for the purchase of Goods / provision of Services.
2.2 The Customer shall inform its clients that the Goods are sold/ Services provided subject to these Standard Terms and Conditions and the Customer shall be deemed to have so informed its clients in respect of all the sales of Goods by the Customer to its clients.
Safetygrip reserves the right for any reason whatsoever to decline any order and/or suspend delivery and/or to decline to supply the Goods to the Customer.
4.1 The Customer shall pay for the Goods/Services within 30 (Thirty) days from the date of Safetygrip’s statement, unless otherwise agreed to by Safetygrip in writing.
4.2 All amounts overdue for payment shall accrue interest at the maximum rate permitted in terms of the Act. The interest shall be calculated and paid monthly in advance. If the interest is not paid, it shall be added to the capital owing and the whole amount shall form the principal debt, which shall continue to accrue interest in this way until payment in full is received from the Customer.
5. SET OFF
The Customer shall not withhold payment for the Goods/Services under any circumstances and waives any rights to set off against Safetygrip in respect of any amount which may now or in the future become owing by Safetygrip to the Customer.
6.1 Safetygrip will endeavour to deliver the Goods/perform the Services according to the Customer’s requirements, but shall not be bound by any unreasonable requests, and shall not be liable for any failure or delay in delivery.
6.2 Safetygrip shall in its discretion, be entitled to make and invoice part deliveries.
6.3 When making deliveries at the Customer’s premises or other premises nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Goods in the presence of the Safetygrip representative making the delivery.
6.4 In the event of short delivery, the Customer shall forthwith upon delivery endorse Safetygrip’s copy of the delivery documents, specifying details for the short delivery. Within 10 (ten) days of such delivery, the Customer shall lodge a claim with Safetygrip in respect of such short delivery.
6.5 In the event that the Goods are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Safetygrip’s copy of the delivery documentation detailing the damage or defects to the Goods. The Customer shall within 10 (ten) days of such delivery notify Safetygrip of such damage or defects in the Goods delivered and within this period, shall return all the damaged and defective goods to Safetygrip.
6.6 Should the Customer’s claims prove correct, Safetygrip will, at the Customer’s request, either refund the price paid by the Customer, or replace the damaged or defective Goods, as the case may be.
6.7 Delivery of the Goods according to the Customer’s reasonable delivery instructions, at the place of delivery nominated by the Customer shall constitute good delivery, whether or not anyone receives delivery on behalf of the Customer, and the risk in the Goods shall pass to the Customer.
6.8 If on the instructions of the Customer, the Goods are delivered to a carrier for the delivery to the Customer, delivery to the Customer shall be deemed to have been made on delivery to the carrier, who shall at all times be the Customer’s agent for this purpose.
7.1 Safetygrip shall remain the owner of the Goods until they are paid for in full by the Customer.
7.2 The Customer shall ensure that until paid for, the Goods remain separate from other products sold by the Customer and readily identifiable as Safeygrip’s Goods.
7.3 If the customer fails to pay, Safetygrip shall be entitled to repossess the Goods, without prejudice to any of its rights.
7.4 For so long as ownership in the Goods remain vested in Safetygrip, the Customer shall:
7.4.1 Keep the Goods free from attachment, any landlords hypothetic, lien or other legal encumbrance, charge or process;
7.4.2 Not without Safetygrip’s prior written consent sell, or in any way dispose of the Goods:
7.4.3 Notify its landlord of Safetygrip’s reservation of ownership in the Goods:
7.4.4 Keep the Goods insured against loss or damage through fire, theft or any risk with an insurer acceptable to Safetygrip, for the replacement value thereof. The Customer shall pay the premiums arising from such insurance promptly and upon request shall forthwith on demand display the insurance policy and proof of payment to Safetygrip.
On delivery of the Goods to the Customer, the risk in and to the Goods shall pass to the Customer, notwithstanding that the ownership in the Goods remain vested in Safetygrip.
9.1 To the full extent that it may be possible, all conditions and warranties whatsoever in respect of the Goods, whether flowing from statute, the common law or otherwise are excluded.
9.2 Safetygrip shall not incur any liability of whatever nature for any injury, loss or damage to any person or property arising from the use of the Goods.
9.3 The Goods supplied by Safetygrip shall be suitable only for the purposes for which they are designed. The Customer shall ensure the Goods are handled, installed, used, operated and otherwise dealt with in a normal and proper manner and where applicable, in a manner consistent with the instructions given by Safetygrip.
9.4 Save for the express provisions in the Consumer Protection Act 68 of 2008 which may provide otherwise, no claim shall arise against Safetygrip as a result of or in connection with any defects in, or unsuitability of the Goods.
Safetygrip shall not be liable for any claims of whatsoever nature and howsoever arising from direct or consequential loss or damage sustained by the Customer or any of the Customer’s clients in connection with the use of the Goods and the Customer hereby indemnifies Safetygrip against all such claims.
11. BRANDING, MARKING, REMOULDING, RETREADING OR RECAPPING
11.1 The Customer shall not deface, brand, remould, retread, recap, resole, recut or tamper in any way whatsoever with the Goods, other than with part worn tyres.
11.2 The Customer shall not sell, offer for sale, advertise or supply the Goods if they have been defaced, branded or tampered with in any way.
11.3 Only part-worn tyres that are modified may be defaced, branded, marked, remoulded, retreated, recapped, resold, recut or tampered with in any way, provided that such part-worn tyres or modified tyres are branded in legible letters on the wall of each tyre with the word “remould”, “retread”, “recap”, or “resole”. Such part worn tyres or modified tyres shall not be sold, offered for sale, advertised or supplied under the name “Safetygrip” or under any other trade mark, trade name or mark belonging to and/or used by Safetygrip and the Customer shall remove the name Safetygrip and any other reference to Safetygrip from such tyres.
11.4 The Customer shall not regroove any tyre supplied by Safetygrip.
Any claim the customer may at any time arising wholly or partially out of or in connection with the disposal by it of the Goods, or some of them, shall be deemed to have been ceded to Safetygrip as security for the Customer’s obligations hereunder.
13. CUSTOMER’S DOCUMENT
13.1 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 standard terms and conditions of sale and Safetygrip shall not be bound thereby.
13.2 These standard terms and conditions of sale supersede any conflicting clauses or conditions, whether verbal or whether contained in any of the Customer’s documents.
14. PROPRIETARY RIGHTS
The Customer shall not do anything to infringe the proprietary rights of Safetygrip in respect of the Goods.
Safetygrip shall in its sole and absolute discretion be entitled to alter any credit facilities granted to the Customer. Safetygrip shall be entitled to ask the Customer, who shall be obliged to provide, guarantee to secure payment of the purchase price of the Goods.
16. EXCHANGE RATE
16.1 In respect of any transaction for which Safetygrip quotes in Rands and the exchange rate applies, Safetygrip will be paid the Rand equivalent of the quoted price, irrespective of the exchange rate ruling at the date of payment.
16.2 In respect of import/export sales, the Customer shall be responsible for obtaining all the necessary Government approval and requisite permits. Safetygrip shall endeavour to assist the Customer in this regard in so far as this may be necessary.
16.3 If any such authorization or permit is refused, the Customer shall make good all expenses or losses Safetygrip may have incurred in assisting the Customer to secure such authorization or permits, provided that loss of profit will be excluded unless the refusal or revocation is due to fault on the Customer’s part.
No relaxation or indulgence granted to the Customer by Safetygrip, at any time, shall be deemed to be a waiver of any of the creditor’s rights in terms hereof, and such relaxation or indulgence shall not be deemed to be a novation of any of the terms and conditions set out herein or create any estoppel against Safetygrip.
18. LEGAL COSTS
The Customer shall pay all legal costs, including attorney and client’s costs and collection commission which Safetygrip may incur in taking any steps pursuant to any breach of these standard terms and conditions of sale.
19. APPLICABLE LAW
If the Customer:
19.1 breaches any condition contained in these conditions;
19.2 fails to pay any amount due and payable on due date;
19.3 permit any civil judgement to be taken or entered against it;
19.4 causes a notice of surrender of its estate to be published in terms of the Insolvency Act No 24 of 1936, as amended;
19.6 is placed under any order of provisional or final sequestration, provisional or final winding up, or provisional or final judicial management, as the case may be, then and in that event, Safetygrip shall, without defracting from any other remedies which may be available to it, be entitled to summarily cancel the sale of the Goods to the Customer without notice, and to repossess the Goods sold and delivered by Safetygrip to the Customer, or to claim specific performance of all the Customer’s obligations, whether or not such obligations would otherwise then have fallen due for performance, in either event without prejudice to Safetygrip’s right to claim damages.
20. MAGISTRATE’S COURT
The Customer consents to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act 32 of 1944 in respect of any claims, notwithstanding that the amount of the claims may exceed the jurisdiction of the Court. This consent shall not preclude Safetygrip from proceeding in any other Court of competent jurisdiction.
21. ACKNOWLEDGMENTS, CONFIRMATIONS AND CONSENT
The Customer admits and declares that:
21.1 Upon the signature, this agreement has been completed in all respects and that all information contained herein, including without limitation the Customer’s addresses and personal details, is true and correct;
21.2 The Customer has fully and truthfully responded to all requests for information by the Safetygrip in respect of this agreement;
21.3 The Customer understands without effort the content, significance and import of this agreement;
21.4 The Customer requested this agreement to be in English, being an official language which the Customer reads and understands;
21.5 The Customer understands and appreciates the risks and costs provided for in this agreement and his/her rights and obligation under this agreement.
22. NATIONAL CREDIT ACT
In the event that the Act applies to the agreement or to a specific transaction, any provision of the agreement or of the particular transaction concerned in conflict with the Act shall be deemed to be deleted and shall not apply.
The customer chooses domicillium citandi et executandi at the delivery address, printed on the reverse hereof.
24. JURISTIC PERSON
In the event that the Customer is a juristic person, the signatory to this contract hereby unconditionally and irrevocably bins himself/herself to the Supplier as surety for and co-principal debtor of the Customer in respect of any and all the Buyer’s duties and obligations under this contract, and renounces the benefit of the legal exceptions of excussion and division, non-indebtedness, error in calculation and revision of accounts, the force and effect of which he/she acknowledges himself/herself to be fully acquainted with.
I, the undersigned, acting on behalf of the Applicant and being duly authorised therein, having performed due diligence in establishing the correctness, do hereby warrant that the information contained herein is true and correct in every detail and I will be responsible for any losses incurred by Safetygrip (Pty) Ltd.
I hereby accept the terms and conditions as set out above, which terms and conditions I acknowledge having read and having understood and waive all the Applicant’s rights of privacy and expressly give consent to the Supplier to conduct whatever reference checks on the Applicant or its directors or members as may be required in terms of this credit assessment.