Conditions of Sale
- “The Company “means Eyona Holdings (Pty) Ltd Registration number 2013/108340/07 and any division or subsidiary of the Company.
- “The Customer “means the party who has placed an order, whether verbal or written, with the Company or any party with whom the company contracts as a result of the submission of any offer to purchase Products from the Company and includes any representative of the Customer.
- The “Goods or Services “means the products supplied or to be supplied by the Company to the Customer in accordance with the agreement.
- “The Agreement “means the terms and conditions of sale of Goods or Service by the Company to the Customer.
- The terms and conditions as set on in this document shall apply to any Agreement in which the Company accepts an order to sell Goods or provide any Services to any Customer.
- These terms and conditions shall apply to the exclusion of any terms and conditions specified by any Customer and no alteration or variation to these terms and conditions shall be any force or effect unless recorded in writing and signed by the Company.
- All orders placed shall be in writing and shall be irrevocable upon receipt by the Company. At its sole discretion, the Company may accept verbal orders.
3. Prices and Payment
- The price payable by the Customer for Goods or Services shall be set out in the standard Company price list which is available on request.
- Where the Goods or Services aren’t specified in the standard list prices of the Company, the price shall be as quoted by the Company to the Customer.
- All prices quoted are excluded VAT, delivery and all other charges unless otherwise specified.
- Prices shall apply to the whole of any order .Where only portion of order is collected or delivered; the Company reserves for itself the right to increase the price proportionately to cover any fixed costs associated with whole of such order.
- Only written quotations shall be binding upon the Company and shall lapse if the order is not placed by the Customer within the validity of the quotation or if not specified within 30 days of the date of submission of such quotation.
- The full price for supply or installation of Goods, providing a Services, plus VAT and any other charges applicable to the order ,shall be payable within fifteen ( 15) days of the date of delivery or rendering a Service unless other terms are specifically agreed by the Company and confirmed in writing.
- Payment shall be made without deduction or offset of any kind and shall be made at the address indicated on the invoice or paid directly into the nominated bank account of the Company.
- Payment details reflecting each individual invoice number and amount paid shall be submitted together with payment or in an event of direct deposit, faxed to the Company at the number specified on the invoice.
- In the event that payment is not made within the time specified in sub clause f above, then without prejudice to any other legal remedy available in law, the Company may charge interest on the amount overdue at a 5% (Five per centum) above the prime overdraft rate charged by the Standard Bank of South Africa Limited from time to time.
- In the event of any payment being overdue ,the Company reserves the right to withdraw any credit facilities granted to the Customer without further notice to such Customer .In such an event the full amount outstanding by the Customer to the Company shall immediately become due and payable .
- Failure to settle payment to the Company of any outstanding monies the Company reserves the right to remove any Goods or cancel Services with immediate effect and the Customer will be liable for any cost arising.
4. Delivery ,Risk and Ownership
- The Goods will become available for delivery on the specified in the order or any such other date as advised to the customer by the Company.
- Delivery of the Goods will take by the Customer on such specified date. Failure of the Customer to take delivery on the date so specified shall entitle the Company to store the Goods at the risk and cost of the Customer until such time as delivery is affected.
- Delivery will be affected and risk therein passed to the Customer when the Goods or any portion thereof, are loaded by the Customer on the premises of the Company or where such Goods are loaded by the Company for delivery to the Customer.
- Any damage to the Goods arising in transit or in offloading after delivery shall be at the risk of the Customer.
- Any time or date specified for delivery is intended to be estimate only and the Company shall under no circumstance whatsoever be liable for any loss or profit or consequential damages suffered by the Customer arising out of the Company’s failure to deliver timeously or at all.
- Late or partial deliveries shall in no way invalidate the Agreement and the Customer shall accept such deliveries when so tendered.
- All Goods delivered in terms of this Agreement shall remain the property of the Company until payment in full has been received by the Customer .In the event of the default by the Customer, the Company shall be entitled to take possession of the Goods without prejudice to any further rights the Company may have at law or in terms of this agreement.
- In view of the nature of the service ,any order – once confirmed by the Company - is not cancellable .Cancellation of the Order by the Customer will only be accepted on condition that any cost, charges and expenses already incurred ,including any charges that will be levied by the list - owner on account of the expenses ,work or cancellation conditions will be reimbursed to the Company forthwith.
6. Liability and Indemnity
- While the Company acknowledges that Goods will be supplied in accordance with the specifications of the Purchaser, the Company shall, under no circumstances whatsoever, be liable to the Customer or any third party for any loss or profit or consequential damage suffered by the Purchaser or third party as a result of any act or omission by the company.
- The Customer hereby indemnifies the Company ,its directors , shareholders ,employees and agents against any loss or damage suffered by them resulting from claim made against the Company ,its directors , shareholders, employees or agents by any person or entity for any loss ,damage ,death or injury arising out of the Goods and /or their use for any purpose .
- Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material .This provision shall not, however, apply to information to information or material which is or becomes public knowledge other than by breach by a party of this clause.
- The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “ as –is “ basis without warranty of any kind ,express or implied ,oral or written including, without limitation ,the implied conditions of merchantable quality ,fitness for purpose and description , all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
- The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error – free, accurate or complete.
9. Whole Agreement
- This Agreement constitutes the whole of the agreement between the Customer and the Company relating to the Goods and saves as otherwise for herein, no amendment, alteration, addition, deletion or variation will be any force or effect unless reduced to writing and signed by the parties.
- The parties agree that no other terms and conditions, whether oral or written and whether express or implied will be applicable to this Agreement.
- Save for any warranties given this Agreement and any other written warranties given to the Customer ,the Company makes no warranties or representations in respect of the Goods or their use for any purpose.
- The Customer chooses “Domicilium citandi et executandi “for all purposes arising out of this Agreement at the address specified on the order or where none is specified, at the delivery address. The Company chooses 27 Church Street, Graff-Reinet, 6280 as it’s’ “domicilium citandi et executandi”. All invoices, documents and legal processes may be served at such addresses and in the event of any change thereto the changing party shall notify the other party within 7 days thereof by registered mail to such address.
11. Applicable law, Jurisdiction and Costs
- This Agreement will be governed and interpreted in accordance with the laws of the Republic of South Africa.
- The Customer hereby consents to the jurisdiction of the Magistrate’s Court in respect of any dispute or claim arising out of the Agreement notwithstanding that the value of such dispute or claim may otherwise be beyond the jurisdiction of that Court, provided that this provision shall not preclude the Company at its sole discretion from instituting any action in the High Court of South Africa having jurisdiction or any other Court of competent jurisdiction.
- The Company shall be entitled to recover all costs and charges of whatsoever nature that nay be incurred by the Company in enforcing any of the provision of the Agreement including ,without limitation , all legal costs as between attorney and client , all collection commissions and tracing fees.
- A certificate signed by a director of the Company stating that the amount due by Customer to the Company at any time shall be prima facie proof of the amount due by the Customer to the Company and the facts stated therein for the purposes of all legal proceedings against the Customer for the recovery of any indebtedness to the Company such certificate shall be sufficient to enable the Company to obtain provisional sentence or summary judgement against the Customer in terms hereof in any court of competent jurisdiction.