1. The Customer agrees that (a) this contract represents the entire agreement between the Customer and starbaL dot net cc (hereinafter called the “Organisation”) and that no alterations or additions to this contract may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of the Organisation; (b) that this agreement will govern all future contractual relationships between the parties; and (c) is applicable to all existing debts between the parties.
2. The Customer hereby acknowledges that he has read and understood each term of this agreement and accepts them as binding.
3. The Customer warrants that the signatory on the delivery note has been duly authorized to contract on its behalf.
4. The signatory hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to the Organisation and agrees that these Standard Conditions will apply mutatis mutandis to him/her.
5.1. The Customer acknowledges that no representations were made by the Organisation in regard to the goods or services or any of its qualities leading up to this contract.
5.2. The Customer agrees that neither the Organisation nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.
6 .1. All quotes will remain valid for a period of 6 days from the date of the quote. The validity of any price quoted is subject to any increases in the cost price of the Organisation before dispatch of goods.
6.2. The Customer hereby confirms that the goods and services on the quotation, invoice & delivery documentation duly represent the goods and services ordered or won by the Customer at the prices or 'competition terms' agreed to by the Customer and where performance/delivery has already taken place that the services and goods were inspected and conform to the quality and quantity ordered.
6 .3. Any delivery note (copy or original) signed by the Customer and held by the Organisation shall be conclusive proof that delivery was made to the Customer.
6. 4. All orders and competition prizes won by the Customer, whether oral or in writing, will be binding and subject to these Standard Conditions of Agreement and may not be cancelled.
6.5. The Organisation shall be entitled in its sole discretion to split the delivery of the goods ordered in the quantities and on the dates it decides.
6.6. The Organisation shall be entitled to invoice each delivery actually made separately.
6.7. The risk of damage or destruction of goods passes to the Customer on conclusion of the agreement of sale.
6.8. In the case of repairs undertaken by the Organisation, repair times given are merely estimates and not binding on the Organisation.
6.9. All goods taken on an approval basis by the Customer is deemed sold.
6.10. If the Organisation agrees to engage a third party to transport the goods, the Organisation is hereby authorized to engage a third party on the Customer’s behalf and on the terms deemed fit by the Organisation.
6.11. The Customer agrees to indemnify the Organisation against any claims that may arise from such agreement against the Organisation.
7.1. In the event of goods that are defective, the rights of the Customer are limited to the factory guarantee of the goods supplied. To be valid, guarantee claims must be supported by the original Tax invoice and the undamaged packaging of the goods. All guarantees are immediately null and void should any equipment be tampered with or should the seals on equipment be broken by anyone other than the Organisation. Under no circumstances will the Organisation be liable for damage arising from misuse or abuse of the goods.
7.2. Liability under Clause 7.1. is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of the Organisation. It is the duty of the Customer to return any defective goods to the premises of the Organisation or third party nominated by the Organisation at his own cost. It is also theduty of the Customer to collect the goods, at his own cost, after repair or replacement.
7.3 Competition prize goods' (won by the Customer) factory guarantee may have expired upon delivery, it is the Customer's reponsiblity to contact the supplier directly for factory guarantee and warrantee information and post guarantee and warrantee purchase information.
7.4. Any item delivered to the Organisation will form the object of a pledge in favour of the Organisation for present and past debts.
8. Under no circumstances will the Organisation be liable for consequential damages.
9. No claim under this contract will arise unless the Customer has given the Organisation thirty days written notice by prepaid registered post to rectify any defect or breach of contract.
10. The Customer agrees to pay the amount on the invoice by bank transfer or bank card.
11.1. The Customer has no right to withhold payment for any reason whatsoever.
11.2. The Customer is not entitled to set off any amount due to the Customer by the Organisation against this debt.
11.3. The Customer hereby agrees that any item handed in for repair may be sold by the Organisation to defray the cost of such repairs if the item remains uncollected within thirty days of the repairs being completed.
12. The Customer agrees that if an account is not settled in full, against order, the Organisation is; (i) entitled to immediately institute action against the Customer at the sole expense of the Customer; or (ii) to cancel the agreement and take possession of any goods delivered to the Customer and claim damages.
13. The Customer agrees that the amount due and payable to the Organisation shall be determined and proven by a certificate issues by the Organisation and signed on its behalf by any duly authorized person, which authority need not be proven. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
14. The Customer agrees that interest shall be payable on any monies due to the Organisation at the maximum legal interest rate prescribed in terms of the Usury Act, from the date they fall due. In the case of late payment, interest shall be calculated from the date of order.
15.1. In the event of cancellation, the Customer shall be liable to pay (a) the difference between the selling price and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of repossessed goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be conclusive proof of the value.
15.2. The Customer indemnifies the Organisation completely against any damage whosoever relating to the removal of repossessed goods.
16. All goods supplied by the Organisation remain the property of the Organisation until such goods have been fully paid for. The Customer is not entitled to sell any goods unpaid for without the prior written consent of the Organisation .
17.1. The Customer shall be liable to the Organisation for all legal expenses (including collection fees) on the attorney-and-client scale of an attorney and counsel incurred by the Organisation in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred.
17.2. The Customer shall pay one thousand five hundred rand into court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer.
17.3. The Customer agrees that the Organisation will not be required to furnish security in terms of Rule 62, of the Rules of Court of the Magistrate’s Courts.
18. The Customer agrees that no indulgence whatsoever by the Organisation will affect the terms of this agreement or any of the rights of the Organisation and such indulgence shall not constitute a waiver by the Organisation in respect of any of its rights herein. Under no circumstances will the Organisation be estopped from exercising any of its rights in terms of this contract.
19. The Organisation shall have the right to institute any action in either the Magistrate’s Court or the Supreme Court at its sole discretion.
20.1. Any document will be deemed duly presented to the Customer within (i) three days of prepaid registered mail to any of the Customers business or postal addresses or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer’s fax numbers or any director, member’s, or owner’s fax numbers; or (iii) on being delivered by hand to the Customer or any director, member, or owner of the Customer.
20.2. The Customer chooses as its domicilium citandi et executandi it’s business address or the physical address of any director (in the case of a company), member (in the case of close corporations), or of the owner(s) or partners.
21. The Customer agrees to the standard rates of the Organisation for any goods or services rendered, which rates may be obtained on request.
22. The invalidity of any part of this contract will not affect the validity of any other part.
23. Any order is subject to cancellation by the Organisation due to force majeure from any cause beyond the control of the Organisation, including (without restricting this clause to these instances): inability to secure labor, power, materials or supplies , or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout or other labor disputes, fire, flood, drought or legislation.
24. This contract was concluded in Centurion.