SUDAMI 39 cc STANDARD CONDITIONS OF SALE AGREEMENT
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Terms and Conditions & Refund Policy
INTERPRETATION
In this conditions of agreement the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings
“Customer” means the person who is purchasing the goods and /or whose name appears on the invoice which these conditions are printed on.
“Signatory” means the individual who signs this agreement on behalf of the Customer.
“Sudami X-Ring Reloading Equipment” means SUDAMI 39 cc, a close corporation duly incorporated in accordance with the laws of the Republic of South Africa with Registration Number: 2005/0720/7723.
“Goods” means any items of whatsoever nature that are supplied to the Customer in term hereof.
The Customer agrees that (a) this Agreement represents the entire Agreement between the Customer and Sudami X-Ring Reloading Equipment ( hereinafter called “SUDAMI”) and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and singed by the Customer and a duly authorized representative of SUDAMI; (b) this Agreement will govern all future contractual relationships between the parties; (c) this Agreement is final and binding and is not subject to any suspensive or resolute terms or conditions; (d) any conflicting conditions stipulated by the Customer are expressly excluded; (e) these terms supersede all previous conditions of Agreement without prejudice or any securities or any securities or guarantees held by SUDAMI and (f) these terms apply to all agents of SUDAMI.
ACCEPTANCE AND VARIATION
No variations from these conditions of sale shall have any effect unless it is in writing and accepted and singed by the authorized representative of SUDAMI.
These conditions of sale shall have preference over any conditions appearing in any document of the Customer.
This Agreement only becomes final and binding as soon as an order is accepted as provided in clause 2.4 hereafter.
The Customers order in reply to a quotation is an offer and a contract is only established when SUDAMI accepts the offer in writing via email, online order or when work and / or capital expenditure has commenced in the execution of the order, whichever comes first.
The Customer acknowledges that it does not reply on any representations made by SUDAMI in regards to the goods or any of its qualities leading up to this Agreement other than those contained in this Agreement. All specifications, price lists, advertisements, brochures, other technical data furnished by SUDAMI in respect of the goods orally or in writing will not form part of the Agreement in any way unless agreed in writing by SUDAMI.
All orders or agreed variations to orders, whether orally or in writing via email, shall be binding and subject to these Standard Conditions of Agreement and may not be revoked by the Customer.
PURPOSE
The Customer agrees that neither SUDAMI nor any of its employees will be liable for any negligent or innocent misrepresentations made to the customer.
It is the sole responsibility of the Customer to determine that the goods ordered are suitable for the purpose of intended use.
SUDAMI reserves the right and its sole discretion to provide alternative goods of the same quality and quantity at the prevailing prices to those ordered by the Customer should such goods be suspended replace or their manufacture terminated.
QUOTATIONS
All quotations will remain valid for a period of 7 days from the date of the quotation or until the date of issue of a new Price List, whichever occurs first.
All quotations are subject to the availability of the goods and subject to correction of good faith errors by SUDAMI.
DELIVERY and STORAGE
The Customer hereby confirms that goods on any Tax invoice issued duly represent the goods ordered by the Customer and where delivery has
already taken place, that the goods were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity
ordered and are free from defects.
SUDAMI 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.
SUDAMI shall be entitled to invoice each delivery/performance actually made separately.
Any delivery note (copy or original) signed by a Customer or a third party engaged to transport the goods or and held by SUDAMI shall be prima
Facie proof that delivery was made to the Customer.
Unless otherwise agreed by the Parties in writing via email, delivery shall be deemed to have occurred when SUDAMI has made available the
goods at its premises to the Customer on delivery.
The risk of damage to, destruction or theft of the goods shall pass to the Customer on delivery.
Delivery and performance times quoted are merely estimates and are not binding on SUDAMI. SUDAMI will make every effort to ensure that the
estimate delivery dates are honoured, but the Customer acknowledges that circumstances beyond the control of SUDAMI may cause delivery dates to
be changed.
If SUDAMI agrees to transport and deliver the goods, an additional charge for delivery will be levied by SUDAMI according to their then standard
rates. The Customer warrants that the address provided as delivery address is correct.
Repair times and repair costs given are merely estimates and not binding on SUDAMI.
Any item handed in for repair may be sold by SUDAMI to defray the cost of such repair if the item remains uncollected within 30days of the
repairs being completed.
All goods taken on an evaluation or demonstration basis by the Customer are deemed sold if not returned within 30 days or as agreed to of issue
in the original condition, in the original packaging. All goods taken on a consignment basis must be returned to the premises of SUDAMI on demand
by SUDAMI, in the original condition, in the original packaging.
Any call-out by the Customer after delivery has taken place at the discretion of SUDAMI, may be charged for. Such charge shall be calculated at
the then prevailing rates according to travelling distance and time.
Delivery will only be made to the ground floor at the delivery address, except when arranged separately at time when order was placed. It is the
responsibility of the Customer to ensure that there is sufficient access to deliver the goods to the delivery address, which includes access at security
control access points.
After delivery, whether at the Customers delivery address or at the address of SUDAMI, the SUDAMI/Customer will un-wrap the goods for
inspection of the Customer and irregularities regarding the order or damage to the goods must be notified to SUDAMI. SUDAMI cannot accept liability
for damage after signature of the delivery note whether the goods where inspected after delivery, or not.
In the event that the Customer requires the goods to be assembled and/or installed against delivery, SUDAMI may charge for time and resources
spent at their then standards rates.
Any goods not collected by Customer when advised of its availability will be subject to a 10% handling fee, after 30 days the order will be
deemed cancelled.
SECOND HAND GOODS
Second hand goods on display on the showroom floor will not be reserved for the Customer. Such goods will remain for sale until full payment of
the purchase price is received by SUDAMI.
Second hand goods are sold as they appear on the showroom floor. The Customer acknowledges that he/she has been expressly informed that
the goods are second hand and is offered in the condition displayed and the Customer accepts the goods in that condition.
GUARANTIES
New goods are guaranteed according to the manufacturer’s product specific warranties. Art from the manufacturer’s warranty, all goods carry an
implied warranty in accordance with the Consumer Protection Act 68 of 2008(“CPA”), which gives the Customer the right to return unsafe or
defective goods in terms of section 20, read together with the warrantee in terms of the CPA.
The implied warranty in terms of the CPA entails that the customer may return, within six months of delivery of the goods. Unsafe or defective in
the event that the goods do not comply with the standards contemplated in section 55 of the CPA.
SUDAMI will not accept retuned goods where the goods have been damaged due to the customer negligence, the goods have been dissembled by
the Customer, physically altered, used contrary to SUDAMI’ s or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
Normal wear and tear is also excluded from any warranty. In the event that the Customer want to return the goods due to an alleged defect in
terms of warranty, SUDAMI or the manufacturer may, at SUDAMI’ s sole discretion, asses the goods to determine the reason for the defect in the
goods.
Any charges permissible by law will be deducted from any refunds.
In the case of repairs under warranty, such are guaranteed for a period of 3 months against faulty workmanship and defective parts as provided
for in the CPA.
No claim under this agreement shall arise unless the Customer, within 7 days of an alleged defect occurring, given SUDAMI written notice by of
such defect, and has afforded SUDAMI at least 30 days to investigate such defect.
To be valid, claims must be supported by the original tax invoice and proof of purchase.
The Customer shall return any defective removable goods to the premises of SUDAMI at the Customer’s own cost and packed in the original or
suitable packaging and all risk for the duration of repair remain with the Customer.
LIMITATION OF LIABILITY
Under no circumstances shall SUDAMI be liable for any consequential damages including loss of profits or for any delictual liability of any nature
whatsoever whether caused negligently or innocently.
Under no circumstances shall SUDAMI be liable for any damage arising from any misuse, abuse or neglect.
PAYMENT
The Customer agrees that the amount contained in the Tax invoice issued by SUDAMI shall be due and payable unconditionally in cash as follows:9.1.1 A deposit of 50% is payable against any special order and9.1.2 The balance of the tax invoice before delivery.
Should the customer make payment cheque, the Customer warrants that the cheque shall not be issued in payment unless there are sufficient
funds available, and will remain available in order that such cheque payment will be honoured, and under no circumstances will any cheque be
stopped?
The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be
extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by SUDAMI, reduced to writing and signed
by the Customer and a duly authorised representative of SUDAMI.
All discounts, if any, shall be fortified if payment in full is not made on the due date.
CANCELLATION
In the event that this conditions of sale was concluded at place other than business premises of SUDAMI and as a result of the direct
approaching of the Customer to SUDAMI, the Customer shall be entitled to terminate the agreement within 21 business days of the date which the
agreement or transaction was concluded or the date on which the goods that were the subject of the transaction were delivered to the Customer.
In the event that the agreement or transaction is terminated in terms of this clause
SUDAMI will refund any payment received from the customer in terms of the transaction within 15(fifteen) business days after receipt of notice of the rescission of the transaction and receiving from the
Customer the goods supplied in terms of the transaction.
Upon return of the goods contemplated in this clause
SUDAMI may deduct from the amount to be refunded, any cost to have the goods
restored to saleable condition and reasonable levy for usage of the goods for the time that goods were in the Customers possession.
In the following events, SUDAMI will be entitled to cancel an order and /or reserve the right to not accept an order-
Insufficient stock to fulfil the order
Payment was not authorised; or
An item was incorrectly priced
It is agreed that any order of goods that are custom made according to the customer’s specifications and requirements may not be cancelled and
no refunds or exchanges will be made. In the event of factory order, a 10% cancellation fee will be charged if order already placed at factory
In the event of cancellation of an order and return of goods due to the customer changing his mind or not wanting the goods anymore, a 10%
handling fee will charged.
OWNERSHIP
All goods supplied by SUDAMI remain the property of SUDAMI until such goods have been fully paid for.
GENERAL
The Customer shall be liable to SUDAMI for all legal expenses on the attorney-and –own-client scale incurred by SUDAMI in the event of any
default by the Customer. The Customer shall also be liable for any tracing, collection or valuation fees incurred.
The Customer agrees that no indulgence whatsoever by SUDAMI will affect the term of this Agreement or any of the rights of SUDAMI and such
indulgence shall not constitute a waiver by SUDAMI in respect of any of its rights herein. Under no circumstances will SUDAMI be stopped from
exercising any of its rights in terms of Agreement.
The Customer hereby consents that SUDAMI shall have the right to institute any legal action in either the Magistrate’s Court or the High Court at
its sole discretion. These South African courts shall have exclusive jurisdiction in any litigation between the parties arising from whatsoever source.
Each provision of this Agreement is severable from the other provisions. Should any provision be found to be invalid or unenforceable for any
reason, the remaining provisions of this Agreement shall nevertheless remain binding and continue with full force and effect.
The Customer chooses its address for any notification or service of legal documents or processes as the business address stipulates on the order.
Any order is Subject to cancellation by SUDAMI, or in the discretion of SUDAMI, to extension, due to acts of God or any circumstances beyond
the control of SUDAMI, including (without restricting the clause to these instances): inability to secure labour, power, materials or supplies from
factory, war, civil disturbances, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought, transport or legislation, without
any liability.
This Agreement and its interpretation are subject to South African law.
