| 1. | DEFINITIONS |
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1.1. In this document, unless inconsistent with the subject or context or unless the subject or context otherwise requires:
1.1.1. words signifying the singular number shall include the plural and vice versa; 1.1.2. words relating to natural persons shall include associations of persons having corporate status by statute or common law and vice versa; 1.1.3. words relating to any gender shall include the other genders. 1.2. Unless otherwise determined by the context, the following words will bear the meanings set forth against them: 1.2.1. “Agreement” means the Application including these terms and conditions and any additions or amendments to this Agreement; 1.2.2. “Application” means the Application by the Purchaser to purchase Goods on credit or on non-credit terms from the Seller and that is attached to these terms and conditions; 1.2.3. “Business Day” means any day other than a Saturday, Sunday or South African public holiday; 1.2.4. “Consumer” means a consumer as defined in the CPA; 1.2.5. “CPA” means the Consumer Protection Act, No. 68 of 2008 and any promulgated regulations thereto and as amended from time to time; 1.2.6. “Goods” means tyres manufactured or distributed by the Seller and sold to the Purchaser in terms of this Agreement; 1.2.7. “NCA” means National Credit Act, No. 34 of 2005 and any promulgated regulations thereto and as amended from time to time; 1.2.8. “Order” shall mean the placing of an order, either in writing by the Purchaser with the Seller (by the Purchaser delivering same to the physical address of the Seller or by transmitting same via telefacsimile to the telefacsimile number of the Seller), or orally by the Purchaser with the Seller in terms of which the Purchaser orders from the Seller any of the goods; 1.2.9. “Parties” shall mean the Purchaser and the Seller or either of them as the context may require. 1.2.10. “Purchaser” means any person, including a Consumer with whom the Seller concludes an Agreement for the sale of any Goods; 1.2.11. “Seller” means Sumitomo Rubber South Africa (Proprietary) Limited (Registration No. 1997/021619/07); also, referred to as the Creditor within Annexure A. |
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| 2. | COMMENCEMENT AND DURATION OF THIS AGREEMENT |
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2.1. By placing an order with the Seller or making an Application, the Purchaser agrees to enter into an Agreement with the Seller for the supply of Goods. If so, this Agreement will begin and be binding on the Purchaser on the date (hereinafter referred to as “the Commencement Date”) when the Seller:
2.1.1. upon application by the Purchaser for a credit facility, issues confirmation that the Credit Facility has been approved; and/or 2.1.2. accepts the order; and 2.1.3. supplies the Goods to the Purchaser. 2.2. This Agreement shall come into force on the Commencement Date, and subject to its other provisions, shall continue for the initial period of sixty (60) months from the Commencement Date. On expiry of the initial period, this Agreement shall automatically continue on a month-to-month basis subject to any changes of which the Seller has given notice to the Purchaser. |
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| 3. | CREDIT FACILITIES |
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3.1. After submission by the Purchaser to the Seller of an Application on the prescribed form, and the approval thereof by the Seller, an account (“the Purchaser Account”) shall be established by the Seller in the name of the Purchaser.
3.2. The credit limit applicable to the Purchaser’s Account shall: 3.2.1. be the sum as set out within the Application which is attached to these terms and conditions or, subject to the NCA if applicable, such other amount as may be fixed by the Seller in its sole discretion from time to time and notified to the Purchaser in writing; 3.2.2. shall be reduced in accordance with Section 118(1) of the NCA upon the Purchaser’s written request, which shall stipulate the reduced credit limit required by the Purchaser. Such reduced credit limit shall thereafter be confirmed by the Seller in writing, which shall also stipulate the date of commencement thereof, which will be a date not more than 30 (thirty) days after the Purchaser’s written request. 3.3. The Seller reserves the right to withdraw or amend any credit facilities at any time which may have been granted to the Purchaser and to require the Purchaser to furnish guarantees and/or suretyships (refer to Annexure A attached hereto) that are acceptable to the Seller for its current or future obligations. 3.4. Subject to the protections against discrimination in respect of credit and consumer credit rights which are to be found in sections 61 and 66 of the NCA, the Seller shall have the right at any time in its sole discretion to review the amount of the credit granted to the Purchaser and, in its sole and unfettered discretion, to decrease the credit limit referred to in clause 3.2, which decrease shall be communicated by the Seller to the Purchaser by written notice and shall take effect on delivery of such notice. The Purchaser agrees to furnish the Seller with such information and documentation as the Seller may require from time to time to enable it to perform any such review. 3.5. Any amendment or extension of credit facilities will be subject to a re-evaluation of credit worthiness. 3.6. The Seller is hereby irrevocably authorised by the Purchaser to perform any credit investigation into the Purchaser’s creditworthiness and financial affairs as the Seller in its sole discretion may consider appropriate. |
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| 4. | PAYMENT TERMS |
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4.1. The Purchaser agrees that the amount, contained in a tax invoice issued by the Seller:
4.1.1. shall be due and payable unconditionally cash on order; or 4.1.2. shall, in the event that the Seller has granted the Purchaser credit facilities in writing, become due and payable net and without deduction or setoff of any claims of the Purchaser against the Seller, within 30 days from date of statement (“Due Date”). When the stipulated due date is either a public holiday, Saturday or Sunday, payment is required prior to the said days. 4.2. In the event of non-credit sales or cash sales the amount contained in the Seller’s tax invoice shall be paid by the Purchaser by way of electronic bank transfer or cash deposit into the bank account of the Seller or, at the sole discretion of the Seller without deduction or set-off, prior to dispatch or collection of the Goods. The Purchaser must provide the Seller with proof of payment within forty-eight (48) hours before delivery or collections of the Goods will be allowed. Where payment is made by means of electronic funds transfer, a cheque or any other negotiable instrument, the delivery of the Goods shall only be made or collections of the Goods will only be allowed once the funds have been cleared by the Seller’s bank. 4.3. Payment must be made for the total amount that the Purchaser owes the Seller as set out on the invoice(s) and or statement(s) issued to the Purchaser. 4.4. All discounts/rebates offered to the Purchaser from the Seller are conditional upon and subject to the Purchaser making payments of the outstanding amounts due to the Seller before the Due Date. Any failure by the Purchaser to make payment of amounts outstanding on the Due Date will result in discount/rebates lapsing and not being applicable. No discount is offered if payment is made on or after the Due Date referred to in this Agreement. 4.5. Should any amount not be received by the Seller on or before the Due Date, all other amounts payable by the Purchaser to the Seller, shall immediately (and without notice to the Purchaser) become both due and payable. 4.6. If so required by the Seller, the Purchaser shall furnish the Seller with a written guarantee in favour of the Seller issued by a financial institution acceptable to the Seller, for such amount as may be fixed by the Seller, which guarantee shall be lodged with the Seller as security by the Purchaser for the fulfilment by it of all of its payment obligations in terms of these Terms and Conditions. If the furnishing of such guarantee is made a condition of these Terms and Conditions, then they will be of no force and effect until such time as the Seller has received the guarantee and has accepted it in writing. 4.7. All payments by the Purchaser to the Seller shall be appropriated firstly in settlement of the interest, thereafter in payment of the charges, thereafter in reduction of the debits referred to in the monthly statements; 4.8. The Purchaser has no right to withhold payment for any reason whatsoever notwithstanding that any dispute may be pending between the parties nor shall the Purchaser be entitled to make any deduction from the amount or to set off any alleged claim against the amounts due by the Purchaser to the Seller 4.9. The Purchaser agrees that no extension of payment of any nature shall be extended to the Purchaser and any such extension will not be applicable or enforceable unless agreed to by the Seller, reduced to writing and signed by the Purchaser and a duly authorised representative of the Seller; 4.10. In the event that payment is not made on the Due Date, interest shall be levied on all outstanding amounts, at the maximum annual rate of interest that may be levied in terms of the NCA. Any changes to the aforesaid annual rate of interest shall result in the interest rate charged in terms hereof being altered on the first day of the month following such change. |
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| 5. | STATEMENT OF ACCOUNT |
| 5.1. The Seller will deliver all statements of account to the Consumer in the manner chosen by the Consumer for delivery of documents from the options available in terms of the NCA. | |
| 6. | APPLICABLE LAW |
| 6.1. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and shall specifically include but is not limited to NCA and CPA. | |
| 7. | PRESCRIBED CONTACT DETAILS |
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7.1. The contact details of the National Credit Regulator, National Credit Tribunal and Ombudsman for Banking Services are as follows:
7.1.1. The National Credit Regulator is PO Box 2694, Houghton 2041; Tel: 011 647 4400; Fax: 011 484 6122. 7.1.2. The National Credit Tribunal is Private Bag X84, Pretoria 0001; Tel: 012 394 1450; Fax: 012 394 2450. |
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| 8. | FICA |
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8.1. The Purchaser acknowledges that, in terms of Section 29 (1) of the Financial Centre Intelligence Act, No 38 of 2001 (“FICA”), businesses are required to report any suspicious or unusual transaction or series of transactions to the Financial Intelligence Centre and in particular where the Seller has received, or is about to receive, the proceeds of suspected unlawful activities in payment of the Purchaser’s indebtedness to the Seller.
8.2. The Purchaser indemnifies or holds the Seller harmless against any claim of whatsoever nature instituted against the Seller for any damage or harm suffered by the Purchaser or a third party arising from any action taken by the Seller in discharging its obligations in terms of FICA. |
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| 9. | CERTIFICATE |
| 9.1. The amount of the Purchaser’s indebtedness to the Seller, at any time, shall be determined and prima facie proved by a certificate signed by one of the Seller’s directors, whose appointment and/or qualification and/or authority need not be proved, and shall be valid as a liquid document against the Purchaser in any competent court for the purpose of obtaining provisional sentence or judgment against the Purchaser thereon. | |
| 10. | BREACH AND CANCELLATION |
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10.1. If the Purchaser does not pay any and/or all amounts due to the Seller on or before the Due Date for payment, then, subject to the provisions of clause 4.5and 4.10, the Seller reserves the right to, on notice to the Purchaser:
10.1.1. charge interest on the overdue amount at the interest rate referred to in clause 4.10 calculated from the Due Date of payment to the date on which the actual payment is credited; 10.1.2. take action in terms of clause 7.2of this Agreement; 10.1.3. inform any reputable credit bureau (s) of payment default; and 10.1.4. suspend the supply of the Goods. 10.2. If the Purchaser commits any breach of this Agreement; breaches any other agreement; ceases trading or winds down trading and fails to remedy such breach within seven (07) Business Days ("Notice Period") of written notice requiring the breach to be remedied, then the Seller, giving the notice shall be entitled, at its option: 10.2.1. to cancel this Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the Purchaser, and the cancellation shall take effect on the giving of the notice. The full outstanding amount shall immediately become due and payable. 10.2.2. to immediately charge the Purchaser for any other amounts which shall, in accordance with the provisions of Clause 4.5, become both due and payable. 10.3. The Seller’s remedies in terms of clause 10.1and 10.2 are without prejudice to any other remedies to which the Seller may be entitled in law. 10.4. Notwithstanding any of the aforegoing provisions to the contrary, the Seller shall be entitled to terminate this Agreement by giving the Purchaser twenty (20) Business Days’ notice. 10.5. In addition to the rights of the Seller above, if the Purchaser: 10.5.1. does not pay the Seller on time; 10.5.2. commits a material breach of this Agreement; 10.5.3. does not pay the required full amount in advance; then the Seller may suspend any supply of Goods until the Purchaser has paid or remedied the breach to the satisfaction of the Seller. 10.6. The Purchaser shall be liable for all legal costs and disbursements (including attorney, own and client costs and collection commission) incurred by the Seller in enforcing its rights hereunder whether or not legal proceedings have commenced. |
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| 11. | USE OF PURCHASERS INFORMATION |
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11.1. The Purchaser warrants and guarantees that all information supplied to the Seller by the Purchaser in the Application and in terms of this Agreement is true and correct.
11.2. The Purchaser agrees to inform the Seller immediately should there be any change of whatsoever nature in any of its information, including its physical address, previously supplied to the Seller. 11.3. As and when necessary, the Purchaser consents to the Seller obtaining and/or disclosing the Purchaser’s information, supplied to the Seller, as follows: 11.3.1. to either credit grantors and/or credit bureaus and/or banks and/or other financial institutions to ascertain information relating to the Purchaser’s creditworthiness (before acceptance of this Agreement) and for fraud prevention purposes to process any payment transactions necessary for and relative to this Agreement; 11.3.2. to attorneys and/or debt collection agencies if the Purchaser is in breach of this Agreement; 11.3.3. to the Seller’s agents or trade partners and/or consultants and or service providers but only to the extent necessary and to allow the supply of the Goods; 11.3.4. to consumer research institutions for the purposes of conducting research on improving the Seller’s Goods offered to the Purchaser in terms of this Agreement; 11.3.5. for purposes of the Seller’s publishing a directory containing the name, address, details and contact numbers of its Purchasers. 11.4. The Seller will not disclose the Purchaser’s information to any other person or institution other than as stated under clause 11.3 or if the Seller is compelled to do so in terms of law and/or a court of law. The Seller hereby undertakes that it will only disclose such information as is required in terms of any law and or a court of law. |
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| 12. | JURISDICTION |
| 12.1. For purposes of any legal action which may arise from this Agreement, the Purchaser consents to the jurisdiction of the Magistrate’s Court notwithstanding the fact that such action may otherwise be beyond the jurisdiction of such court, and this clause will be regarded as constituting the necessary written consent granting jurisdiction to the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act of 1944, as amended. 12.2. Notwithstanding the aforegoing, the Seller has the right, in the discretion of the Seller, to institute legal proceedings against the Purchaser in any other competent court, which may have jurisdiction to entertain such action. | |
| 13. | NOTICES |
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13.1. The Purchaser chooses the address specified in its application at which all notices of legal proceedings and other notices arising out of or in connection with this Agreement, its breach or termination may validly be served on or delivered to them.
13.2. Each of the Parties shall be entitled from time to time to vary its addresses, by written notice to the other, to any other addresses within South Africa provided that at all times each Party shall provide at least one address which is a physical or street address (not a post office box), being the address at which notice of all legal proceedings may be served. 13.3. Any notice in terms of this Agreement, shall be sent by prepaid registered post, delivered by hand, sent by fax or by email. 13.4. Any notice shall be presumed, unless the contrary is proved, to have been given: 13.4.1. if posted by prepaid registered post, five (5) days after the date of posting thereof; 13.4.2. if hand delivered during business hours on a Business Day, on the day of delivery; 13.4.3. if sent by fax, on the first Business Day following the date of sending of such fax; or 13.4.4. if sent by email, on the day of sending of such email. 13.5. Any notice required or permitted to be given in terms of this Agreement shall be valid and effective only if given in writing and if delivered in accordance with the provisions of this clause 10. 13.6. Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice received, shall be adequate written notice even if it has not been sent in the manner provided for, or to the addresses listed, in this clause 13. |
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| 14. | CESSION |
| 14.1. The Purchaser agrees that the Seller may cede, assign and transfer its rights, title and interest in this Agreement, in the discretion of the Seller and on such cession, the Purchaser’s liability will continue in favour of the cessionary for both the existing liability at the date of the cession and in respect of any further liability incurred by the Purchaser with the cessionary arising from any cause whatsoever. | |
| 15. | AMENDMENTS |
| 15.1. The Purchaser acknowledges that these Terms and Conditions may be varied at any time and/or that additional and/or new terms and conditions may become applicable from time to time. The Seller shall give reasonable written notice to the Purchaser of any variation, which notice shall not be less than fourteen (14) days, that may become applicable. In the event that the Purchaser fails to respond in writing within ten (10) days, after receipt of the written notification, the Purchaser shall be deemed to have agreed to the variation and/or new terms and conditions that may become applicable. | |
| 16. | UNENFORCEABLE PROVISIONS |
| 16.1. If any term, condition, provision or performance, or any part of a term, condition, provision or performance of this Agreement is determined to be invalid, illegal, unlawful or unenforceable to any extent, then such term, condition, provision or performance or the relevant part thereof shall be severed from the remaining terms, conditions, provisions and performance of this Agreement, or amended to make it valid, legal, lawful and enforceable, in such a manner as to leave the amended Agreement substantially the same in essence, and this Agreement so amended shall remain in force and effect. | |
| 17. | AUTHORITY AND INDEMNITY |
| 17.1. The person signing this Agreement warrants that he or she has the necessary authority to enter into this Agreement and hereby indemnifies the Seller against any liability, claim, damage or loss that a third party might have arising out of this Agreement. | |
| 18. | DISPUTE RESOLUTION |
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18.1. If a dispute arises between any of the Parties in connection with:
18.1.1. the formation, existence, implementation, interpretation or application of the provisions of; 18.1.2. their respective rights and obligations in terms of or arising out of, or the breach or termination of; and/or 18.1.3. the validity, enforceability, rectification, termination or cancellation, whether in whole or in part of, this Agreement or which relates in any way to any matter affecting the interests of the Parties in terms of this Agreement, any Party may give notice (“Notice of Dispute”) to the others specifying the dispute and requiring it to be resolved in terms of this clause 18. 18.2. Representatives of the Parties shall meet and try to resolve the dispute within ten (10) Business Days after the Notice of Dispute is given (“Resolution Period”). 18.3. If the dispute is not resolved on expiry of the Resolution Period, any Party may submit the dispute to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) and this clause 18. 18.4. If the Parties fail to agree on a mediator within ten (10) Business Days after the dispute was submitted to mediation, the mediator shall be appointed at the request of any Party, by the AFSA Secretariat. 18.5. The mediation shall be held in Durban. 18.6. The Parties shall bear their own costs incurred in the mediation process and shall be jointly liable for the mediator’s costs. 18.7. Unless the Parties agree otherwise in writing, if the dispute is not resolved within twenty (20) Business Days after the appointment of the mediator, any Party may refer the dispute to arbitration in accordance with the rules of AFSA and this clause 18. 18.8. The arbitrator shall, if the matter in dispute is principally: 18.8.1. a legal matter, be a practising advocate or attorney of at least fifteen (15) years standing; 18.8.2. an accounting matter, be a practising chartered accountant of at least fifteen (15) years standing; or 18.8.3. any other matter, be any independent person with suitable experience and expertise. 18.9. If the Parties fail to agree whether the dispute is principally a legal, accounting or other matter within ten (10) Business Days after the dispute was referred to arbitration, the dispute shall be deemed to be a legal matter. 18.10. If the Parties fail to agree on an arbitrator within ten (10) Business Days after the dispute was referred to arbitration, the arbitrator shall be appointed at the request of any Party, by the AFSA Secretariat. 18.11. The arbitration: 18.11.1. may be held informally, without any pleadings or discovery of documents and without observance of the strict rules of evidence; and 18.11.2. shall be held in Durban. 18.12. The decision of the arbitrator shall be final and binding on the Parties, and may be made an order of court at the instance of any Party. 18.13. The costs of the arbitration shall be borne by the unsuccessful Party. 18.14. The Parties agree to keep the arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not to disclose it to anyone except for purposes of an order to be made by a court of competent jurisdiction. 18.15. The provisions of this clause 18: 18.15.1. constitute irrevocable consent by the Parties to any proceedings in terms hereof and they shall not be entitled to withdraw therefrom or claim at any such proceedings that they are not bound by such provisions; and 18.15.2. are severable from the rest of this Agreement and shall remain in effect despite the termination of or invalidity for any reason of this Agreement. 18.16. This clause 18 shall not preclude any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction. 18.17. Despite the submission of a dispute to mediation or the reference of a dispute to arbitration under this clause 18, the Parties shall continue to perform their obligations under this Agreement. |
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| 19. | WAIVER |
| 19.1. No extension of time or other indulgences that may be granted to the Purchaser by the Seller shall constitute a waiver of the Seller’s rights in terms of this agreement. | |
| CONDTIONS OF SALE | |
| 20. | PRICE AND QUOTATIONS |
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20.1. The prices quoted on the tax invoice are based on the Seller’s retail prices ruling at the date of contract and as recorded in the Seller’s price list and other advertising material as published from time to time.
20.2. Prices quoted by the Seller are subject to change. In the event of the following circumstances: 20.2.1. an increase in the cost of raw materials, 20.2.2. rate of foreign exchange, 20.2.3. customs duties, 20.2.4. excise duties, 20.2.5. customs surcharge, which affects the cost of the Seller’s product, the Seller shall notify the Purchaser immediately. The prices quoted are exclusive of VAT, unless the contrary is indicated. 20.3. All quotations will remain valid for a period of 5 (five) working days from the date of the quotation subject to Clause 20.4. 20.4. The Seller reserves the right to revoke the quotation at any time during the period of validity. 20.5. All quotations are subject to the availability of the goods and subject to correction of good faith errors by the Seller. 20.6. The Purchaser confirms that the goods on any tax invoice issued duly represent the goods ordered by the Purchaser at the prices agreed to by the Purchaser and, where delivery / performance has taken place, that the goods were inspected and that the Purchaser is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects. 20.7. Notwithstanding the above, all orders or agreed variations to orders, whether orally or in writing, shall be binding and subject to these Terms and Conditions and may not be revoked by the Purchaser. 20.8. The Seller shall be entitled in its sole discretion to split the delivery / performance of the goods ordered in the quantities and on the dates, it decides. 20.9. The Seller shall be entitled to invoice each delivery / performance made separately. |
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| 21. | ORDER AND DELIVERY |
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21.1. All orders are subject to confirmation by the Seller’s Credit Control Department, subject to the Purchaser having sufficient credit.
21.2. The Seller reserves the right for any reason whatsoever to decline any order and/or suspend delivery and/or decline to supply the goods to the Purchaser. 21.3. The Seller shall not be responsible for any loss or damage of whatsoever nature and howsoever caused and whether general or special, which the Purchaser may suffer in the event of the goods, being delivered after delivery date or in the event of the goods not being delivered at all. In the event of the Seller being required to effect delivery by installments, its failure to affect any one delivery/late delivery of any one installment or of the balance of goods to be delivered. The Seller shall not be liable for any consequential damages that the Purchaser may suffer, as a result of the late delivery or non-delivery of the goods. 21.4. The Seller will do its utmost to comply with the Purchaser’s orders, but should there be any slight chance in quantity, texture, weight, design, size and colour, the Seller will not be held responsible for any claims, which may be made by the Purchaser arising therefrom. |
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| 22. | OWNERSHIP AND RISK |
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22.1. Ownership of any goods sold by the Seller to the Purchaser shall not pass to the Purchaser until payment of the full purchase price has been made.
22.2. The risk in and to the goods sold, shall pass to the Purchaser on delivery thereof, notwithstanding the reservation of ownership therein. 22.3. Unless otherwise agreed in writing, any Carrier shall be deemed to be the Agent of the Purchaser and the risk in the goods shall pass upon delivery to such Carrier. 22.4. Unless otherwise agreed, in writing, the Seller shall have the right to insure the goods in transit and to recover the cost of the insurance from the Purchaser. |
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| 23. | WARRANTIES |
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23.1. The Seller warrants that the Goods shall be free of any defects in materials and/or workmanship for a period of 60 months (five years) from the verifiable date of purchase. Such verification shall include a valid proof of purchase by the Purchaser.
23.2. Upon receipt of the Goods the Purchaser is under obligation to check the product for any visible defects. 23.3. This is a limited warranty which applies to all of the Seller’s Goods bearing the complete description and serial number as required by the ECE regulations R30 or R54. 23.4. The Seller makes no further 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. 23.5. The Seller 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 Goods. 23.6. The warranty is applicable to the Goods if sold in Africa 23.7. The Warranty does not cover: 23.7.1. Unserviceability as a result of any of the following: road hazard damages (cuts, punctures, bruises, impact breaks), use of incorrect rims, improper fitment to rim, tyre misapplication, improper repair technique or repair materials, improper inflation, overload, irregular wear, rim imbalance and/or damage, defective vehicle mechanical components (e.g. brakes, suspension, rims), improper suspension alignment, accident, fire, chemical damage, damage from chain use, racing, off-road use, run flat, improper fitment, vandalism, or abuse; 23.7.2. Goods having the week code number (date of manufacture) removed; 23.7.3. Goods presented for a warranty claim by someone other than the original purchaser, or 23.7.4. Goods that were transferred to another vehicle from the one upon which they were originally installed, regardless of by whom i.e. this warranty is not transferable. 23.7.5. Tyre failure as a result of a failed repair on the Goods where the repair was done to an approved standard e.g. plug repairs. 23.7.6. Any cost of tyre repair or retreading is not covered by this warranty and will be solely borne by the Purchaser or Consumer; 23.7.7. Goods that have tread grooves altered from the original design e.g. by re-grooving. 23.8. Consequential or incidental damage to property or person. The warranty shall constitute the sole remedy available under law to the Purchaser and/or Consumer for any damage related to, or resulting from, a defective part/or product. The warranty is strictly limited to the repair or replacement of the Goods at the discretion of the Seller. 23.9. The Goods supplied by the Seller shall be suitable only for the purpose for which it is designed and the Purchaser shall ensure the Goods 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 the Seller. 23.10. The Purchaser shall inform its customers that the Goods are sold subject to these terms and and the Purchaser shall be deemed to have informed its clients in respect of all sales of the Goods by the Purchaser to its customers. |
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| 24. | RETURN OF GOODS |
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24.1. Claims must be advised in writing to the relevant Sales Branch (as reflected on the relevant delivery note/invoice), 14 (fourteen) days from date of dispatch, after which no claims whatsoever will be recognized and the Purchaser shall be deemed to have accepted the goods in full compliance with the order. Claims do not exonerate the Purchaser from payment for the goods when the relevant invoice falls due for payment.
24.2. No goods shall be returned to the Seller for any reason whatsoever without securing the Seller’s prior consent and no goods will be accepted for return without such prior arrangement. No representative has the authority to accept the return of goods for any reason whatsoever, unless this has been authorized by the Sales Manager of the relevant Sales branch. Any unauthorized returns will be held at the Purchaser’s sole risk and the expense and storage charges may, at the discretion of the Seller, be levied against the Purchaser. |
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| 25. | GENERAL |
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25.1. All documentation, including photocopies thereof, which at face value appears to have been compiled by the Seller in the execution of any Goods sold in respect of which debits have been raised, shall be admissible in litigation between the parties and prima facie proof of the contents thereof.
25.2. Should the Purchaser be declared insolvent, or placed in provisional or final liquidation, or under provisional or final judicial management, or enter any compromise with its creditors, or remain or permit any judgment to remain unsatisfied days after the granting thereof, it shall immediately notify the Seller of such occurrence and furnish full details thereof. |
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