Terms and General Conditions of Sale

The Trading Company”               Africote 

“The Managing Company”         Africote a division of Union Flooring Tiles (Pty) Ltd

1. The seller reserves its rights to increase selling prices resulting from any increases in cost, after the date of placing an order, due to factors beyond its control.
2. The seller shall endeavour to deliver timeously, but shall not assume responsibility for any consequential / inconsequential loss or damages resulting from delays of whatsoever nature.
3. Notice of any claim arising out of or in connection with this contract must be notified to the seller in writing, within 3 working days from date of delivery or receipt thereof, failing which, such claims shall be deemed invalid.
4. All goods, upon which a claim is pending, shall be safely stored by the buyer at his risk, until written resolution is communicated thereof. Any unresolved disputes relating hereto, shall be referred to arbitration whose determination shall be binding on both parties hereto.
5. Should, in the opinion of the seller, any faulty goods have been supplied, such goods will be replaced by the seller at no charge, failing which, a refund of the purchase price will be made within 30 days of such determination. The seller assumes no responsibility for any other costs including labour costs resulting there from, whether they are considered to be consequential / inconsequential or otherwise.
6. All specifications provided in any literature relating to the goods are subject to variation from time to time and products must be applied in accordance with the latest product specifications.
7. Prices quoted are ex-factory, unless otherwise requested for delivery at an additional charge to the buyer.
8. The seller shall not accept responsibility for any damage in transit unless delivered by the seller’s own transport. The delivery note must be clearly endorsed accordingly.
9. Purchaser shall ensure that the colour or shade, of the “paint, plaster or floor coating” is acceptable before application of the whole or part of the area.
10. Installation, application or use of the goods purchased implies acceptance of their condition and suitability.
11. No claims will be considered for goods purchased as “specials” or at a Clearance Sale. Such clearance specials shall be deemed to have been purchased “voetstoots”.
12. Africote reserves the right not to accept goods returned for credit. Goods returned for credit must be returned within 30 days of purchase and accompanied with the original invoice. unless they are accompanied by the original purchase slip, cashier signed & stamped.

Goods Returns Policy and Goods Specially Made to Order

1. On approval from the seller, goods returned shall be subject to a 10%    handling charge, if returned in good condition within 7 days of supply.
2. Africote reserves the right not to accept goods returned for credit. Goods returned for credit must be returned within 30 days of purchase and accompanied with the original invoice, cashier signed & stamped.
3. Items made “specially” to order, or tinted to order, that are not standard stock items, will not be accepted back for credit.
4. No credit will be allowed on goods made or ordered specially to a purchaser’s requirements. These include but are not limited to, non-stock items.

Transportation of Goods Purchased

1. Africote accepts no responsibility whatsoever for any damage caused if required to load or offload on private property.
2. Cartage is chargeable on all deliveries we are required to undertake from time to time at purchaser’s request.
3. Orders are accepted by AFRICOTE subject to stock availability and we accept no liability in respect of any delays in delivery of the goods ordered. We reserve the right to deliver goods in two or more instalments and further reserve the right to withhold supplies in the event of any breach of any of these terms and conditions, for any reason which we consider warrants such actions.
4. Delivery shall be completed when the goods are off-loaded at its destination by AFRICOTE or when the goods are loaded by the purchaser, alternatively a courier engaged to transport the goods to and/or on behalf of the purchaser.

• Notwithstanding the aforesaid of any term in this agreement, delivery shall be deemed completed against signature of an AFRICOTE delivery note, by the purchaser or any representative of the purchaser.
• In the event that a courier is engaged on behalf of the purchaser, it is accepted and agreed that the courier acted as agent for the purchaser.
• AFRICOTE shall not be liable under any circumstances for any complaint or claim for any alleged shortage in delivery or defect in the goods unless written notice is received by us within 48 hours after delivery of the goods to the purchaser for further investigation.

Ownership and Risk

All goods supplied by AFRICOTE to the purchaser shall remain the property of AFRICOTE until the purchase price in respect thereof, has been paid in full. It is hereby expressly agreed in advance that the claim to any right of the recovery of the purchase price from the eventual purchaser of the goods, shall be ceded to AFRICOTE as security for payment of any amount outstanding.

• The risk in the goods shall pass to the purchaser on delivery of the goods notwithstanding that ownership will not pass to the purchaser, until full payment of the purchase price.

Payment

1. Customers having a credit facility with AFRICOTE are to make payment within 30 (thirty) days of date of statement unless otherwise agreed in writing. Such payments shall constitute payment to AFRICOTE.
2. The price of goods sold to the purchaser is strictly net and not subject to any discounts unless otherwise agreed to in writing. In the event that a discount is agreed to in writing it shall only be allowed if payment is received by AFRICOTE strictly by the due date and shall only apply to the actual price of the goods themselves and not to any value added tax, transport costs, insurance storage charges or other duties or taxes.
3. All payments are to be made without deduction of any kind and will be free of exchange, bank costs and other charges and will be paid at the address reflected on the face hereof, or such other address as AFRICOTE may elect from time to time in writing.
4. The purchaser will be responsible for all Attorney’s fees together with collection charges, should legal action be required in order to recover any monies due.
5. If at any time payment is not made on due date, or if the purchaser’s credit limit with AFRICOTE has been exceeded, then without prejudice to any other legal remedy which we may have in law, AFRICOTE may:

• Charge interest on the amount due at the bank prime rate, which shall mean the prime overdraft rate charged by our bankers to members of the private sector on unsecured overdraft facilities;
• and/or without prior notice, defer further deliveries or performance in terms of this agreement until payment is made;
• and/or upon written notice forthwith cancel the remainder of the agreement and recover from the purchaser all the monies then due or owing by the purchaser for goods already delivered and payment for such damages as AFRICOTE may have sustained.

Force Majeure

1. Neither party shall be liable for non-performance of any of his/its obligations to the extent such performance is prevented due to an impediment beyond his/its control, including without limitation inability to secure labour, power, materials or supplies, machinery breakdown, war, civil disturbance, riot, acts of sabotage, states of emergency, strikes, lockouts, go-slows and other labour disputes, natural disasters, explosions, fires, floods, droughts and acts of authority (whether lawful or unlawful).
2. Such an impediment shall relieve the affected party from damages, penalties and other contractual sanctions, and postpone the time for performance, as long as and to the extent that the impediment subsists.
3. If the impediment subsists for more than 30 days either party shall be entitled to terminate this agreement on written notice.

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