Terms & Conditions
1. Definitions
The following terms shall have the following meanings unless otherwise
determined by the context. Clause headings appearing in these terms and
conditions shall not affect interpretation.
1.1 ‘Company’ means the seller of the Products reflected on the invoice;
1.2 ‘CPA’ means the Consumer Protection Act 68 of 2008;
1.3 ‘Customer’ is the person, natural or otherwise, identified on the front of this
invoice;
1.4 ‘NCA’ means the National Credit Act 34 of 2005;
1.5 ‘Products’ means any product sold by the Company and shall, where
applicable, include fitment of such product and any ancillary services.
2. Price
2.1 The purchase price for the Products shall be the price as reflected on the
invoice.
3. Payment
3.1 Payment will be made in South African Rand and without any set-off or
deductions unless otherwise specified by statute;
3.2 Payment terms for Products sold on credit will be strictly 30 (thirty) days;
3.3 Company shall have the right to suspend any deliveries or to refuse further
sales to the Customer in the event of any non-payment or any breach;
3.4 Company may appropriate all payments made by the Customer to such
accounts as it will in its sole discretion decide;
3.5 In the event that any amount remains outstanding and Company instructs
attorneys to recover such unpaid costs, the Customer shall be liable for all
legal costs incurred by Company.
4. Ownership and Risk
4.1 ownership in the Product shall not pass to the Customer until all outstanding
amounts relating to the purchase of the Product are settled;
4.2 Irrespective of the above, the risk in the Products shall pass to the Customer
on delivery to the Customer, its agent or any authorised recipient.
5. Delivery and Fitment
5.1 delivery shall be deemed to have taken place when the Customer or any
authorised person or employee signs this invoice or when the Product
leaves the Company’s premises, whichever is earlier;
5.2 The transportation costs and cost of any insurance on the Product shall be
borne by the Customer;
5.3 The Customer acknowledges that any signature by the Customer, an agent
for the Customer, any employee or another authorised person on this
invoice or on any delivery notice will constitute proof of proper delivery of
the Products;
5.4 The Company hereby disclaims any risk or liability in the delivery of Products
to the maximum extent allowable by statute.
6. Warranty
6.1 Subject to the CPA, no warranty or guarantee is extended from the Company
to the Customer other than that provided by the manufacturer for the
specific Products.
7. Indemnity
7.1 Subject to the CPA, the Customer hereby limits the liability of the Company
to the price of the Products purchased;
7.2 The Products are sold subject to the manufacturer’s specifications and
recommendations. Failure to adhere to these may result in damage, injury
or harm.
8. Credit
8.1 Any credit facility extended by the Company to the Customer will at all times
be at the sole discretion of the Company;
8.2 Company has the right to, at any time, immediately withdraw any credit
facilities on notice to the Customer, particularly if there is any risk
whatsoever of non-payment.
9. Applicable Law and Jurisdiction
9.1 These terms and conditions shall be governed by the laws of South Africa.
The Customer hereby consents to the jurisdiction of the Magistrate’s Court
having jurisdiction over his person notwithstanding that the amount in
dispute may exceed the jurisdiction of the Magistrate’s Court. The Company
may at any time in its own discretion institute action in any Court of
competent jurisdiction.
10. General
10.1 No waiver by a party of any breach, failure or default in performance by the
other party, and no failure, refusal or neglect by a party to exercise any right
hereunder or to insist upon strict compliance with or performance of the
other party’s obligations under these terms and conditions shall constitute
a waiver of the provisions of these terms and conditions;
10.2 These terms and conditions constitute the entire agreement between the
parties who acknowledge that there are no other oral or written
understandings or agreements between them relating to the subject matter
of these terms and conditions;
10.3 All the provisions of these terms and conditions shall be severable and no
provision shall be affected by the invalidity of any other provision of these
terms and conditions. If any part or portion of these terms and conditions
has been deemed to have been struck out and/or be declared a prohibited
practice in terms of the NCA, the Competition Act, the CPA or equivalent
legislation the Company undertakes to amend these terms and conditions
in an effort to comply with statute, failing which the offending clause will be
struck out without affecting the remainder of the terms and conditions;
10.4 A certificate signed by a director or manager of the Company, whose
authority need not be proved, as to the existence and the amount of the
Customer’s indebtedness to it, as to the fact that such amount is due and
payable, shall constitute prima facie proof of the contents and correctness
thereof.
10.5 These terms and conditions will be subject to the provisions of the CPA and
the NCA.
Goods remain the property of MINTy’S TyRES & MAGS until paid for in full and we
reserve the right of repossession.
All warranties are honoured by their respective manufacturers All mag wheels
guaranteed for 3 months against manufacturing defects only.
No guarantee on chrome wheels.
No warranty is offered on wheel alignment and tyre life, as these are influence by road
conditions and individual driving style.
Feature, benefits and tyre road noise explained to client.
BY INITIALING THIS PAGE THE CUSOMTER ACCEPTS THE TYRE BRAND,
TYRE SIZE AND TYRE PATTERN SOLD TO ME IS ACCORDING TO MY
REQUEST.
Customer Initial
payable, shall constitute prima facie proof of the contents and correctness
thereof.
10.5 These terms and conditions will be subject to the provisions of the CPA andv