The person, firm or company buying is hereafter termed “the buyer” and Entrepo (Pty) Ltd hereinafter is called “the Seller”.
The offer (whether written or verbal) of the buyer and acceptance of the Seller of an order constitutes a Contract of Sale (herein referred to as the “Contract of Sale”) subject to these conditions. Acceptance will not be binding upon the Seller unless and until this invoice has been completed by the Seller and no statements or representation by agents or others which are not so acknowledge will be binding on the Seller.
Prices as stated on the invoice overleaf are to be paid for the goods. Quoted prices are valid for 30 days and will only be valid if a member of the close corporation has signed the quotation. Unless otherwise stated prices quoted are net if paid punctually on due date.
Each delivery is considered as a separate contract and the price thereof is payable accordingly. Goods remain the property of the Seller until they are fully paid for.
Payment of the purchase price shall be due in accordance with a contract of sale and if not paid on due date, the amount outstanding shall bear interest at a rate of 2% (two percent) per month compounded monthly. (The charging of such interest shall not prejudice the Sellers right to recover any amount due from the Buyer or any other rights). Administration fee of R100 will be charged on all RD cheques.
Claims in respect of faulty goods/short delivery shall not be grounds for withholding payment for account and shall not give the Buyer any right to set off the claim amount against payments due to the Seller.
All claims must be lodged within seven days of date of receipt quoting the relevant invoice number on which the goods were supplied.
Return of goods for credit
The Seller reserves the right to refuse or to accept goods returned for credit.
The Seller reserves the right to refuse to recognise any complaint from the Buyer in respect of shortages especially where the invoice has not been endorsed with the amount claimed as having been short delivered.
A handling charge of 20% (twenty) percent of the value of the invoice will be charged on all goods returned. A special picking fee of 10% of the value of the invoice will be charged on goods ordered and subsequently cancelled.
The Buyer must return damaged goods to the Seller for inspection, and if the claim is recognised, replacement goods will be given to the Buyer against receipt of the Sellers credit note.
The Buyer and/or Seller at times utilizes the services of a courier company. The parties agree that the Seller is not responsible for any damages or shortages due to the negligence or act of mission or commission to the part of the courier. Delivery will be deemed to have occurred and liability will pass to the Buyer when their appointed courier collects the goods at the Sellers premises in Cape Town. Should the Buyer request that the Seller transports the goods to the Buyer at an address nominated by the Buyer, it shall be deemed that the Seller is acting as an agent for the Buyer in effecting such transport and it shall be deemed that the delivery shall have passed to the Buyer at the Sellers premises in Cape Town.
The Buyer will notify the Seller in writing as soon as the Buyer no longer uses the courier, who has been periodically collecting goods from the Seller on behalf of the Buyer. If the Buyer does not notify the Seller of the above changed and the Seller gives the goods to the above courier, then the Buyer will be liable for payment for the goods taken by the courier.
Signature of the Buyer, any agent, employee or representative of the buyer on the reverse side of this invoice binds the Buyer to this Contract of Sale as if the Buyer had signed the invoice personally.
The Seller does not guarantee delivery on any specific date but will endeavour to give delivery on the dates as agreed between the parties. The Seller does not accept responsibility for claims against it for damages of whatsoever nature arising from non-delivery of goods on due date.
No guarantee is given as to the suitability of goods sold for any particular purpose and the Buyer must satisfy himself as the suitability of the goods for the purpose for which these goods are required prior to despatch from the Sellers premises.
The Sellers liability for any goods, which may be proved to be defective, shall be limited to replacing the defective goods or at the Sellers options passing a credit note for the amount equivalent to the purchase price of the goods. In no circumstance will the Seller be responsible for any consequential damage of any nature which may arise out of the goods being defective in any way whatsoever.
In no case will the Seller except liability for deleterious effect resulting from application of any process or treatment (whether advised by the Seller or not) to the goods after delivery. Should the Seller apply any process or treatment to the garments on behalf of the Buyer (or at the Buyers request) the above will also apply.
Buyers Financial Position
Should the Buyer commit a breach of any of his obligations to the Seller whatsoever in respect of any other contract with the Seller, the Seller reserves the right to hold goods ordered by the Buyer until such time that the Buyer rectifies the breach.
Notwithstanding any other terms of this contract of sale:
The granting of credit by the Seller to the Buyer is in the Sellers sole discretion and the Seller reserves the right to suspend deliveries under this and/or any other agreement until all goods already delivered have been paid for.
Any dispute which cannot be settled by negotiations between the Buyer and the Seller, shall be subject to the jurisdiction of the Cape Town Magistrates Court, to which jurisdiction the Buyer hereby consents. All orders shall get accepted by the Seller at their premises in Cape Town and it shall be deemed that delivery to the Buyer has occurred when the goods have been collected by the Buyer, his agent or courier, at the Sellers premises in Cape Town.
No variation of the condition of sale shall be effective unless agreed to by the Seller in writing.
Default by the Buyer
In event of any default by the Buyer, the Buyer shall pay all legal charges and/or collection charges on the attorney and own client scale and the collection sums payable under or in terms hereof of contract. Interest shall accrue on all overdue invoices at the rate of 2% per month compounded monthly.
Failure on the part of the Seller to enforce any of its rights in terms hereof shall not constitute a waiver or variation of any of its rights.
No guarantee is given to the suitability or quality of goods sold for any particular purpose and the Seller is hereby absolved of any liability of whatsoever nature for damages of whatsoever nature arising out of its direct failure or negligence in terms of this agreement or for any indirect damages to the Buyer.
POPI Act Agreement and Consent Declaration
WHEREAS IT IS AGREED THAT
All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services.
The company (also called the service provider), all the parties to this agreement, the service provider’s employees and the client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that
- One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
- Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.
- Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.
Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain. For purposes of rendering services on behalf of the client, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:
- (a) all information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;
- (b) where applicable, any and all data and business information;
- (c) where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and
- (d) trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider or any third party associated with this agreement and (including, without limitation, all products information, technical knowhow, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.
All parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider and such use may include placing such information in the public domain. Further it is specifically agreed that the service provider will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes of the agreement.
It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.
SHOULD YOU NOT AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT AND CONSENT DECLARATION YOU MUST NOTIFY THE SERVICE PROVIDER IMMEDIATELY FAILING WHICH IT WILL BE DEEMED THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET OUT ABOVE.