1.1 These conditions apply to all contracts between The Bramhope Group (hereinafter referred to as “the Company”) and you, the Customer, and override all conditions stipulated by the Customer.
1.2 No variation of these conditions is permitted unless agreed in writing by the Company.
2.1 The Price to be paid for the goods will be the Company price at the date when the goods are dispatched.
2.2 All prices are quoted in South African Rand. Customers are required to place orders in South African Rand.
2.3 All prices are quoted ex-works.
2.4 Prices may be revised with exchange rate fluctuations.
3.1 Upon receipt of the Customer order, the Company will invoice the Customer along with the appropriate shipping charge.
3.2 Shipping within South Africa will be charged at a flat rate which may fluctuate at the discretion of the Company and in accordance with service provider price increases.
3.3 Shipping outside South Africa will be quoted on an individual basis.
3.4 Bulk orders may be eligible for certain discount and a request should be made by the Customer direct to the Company.
3.5 A detailed invoice with product and shipping costs will be sent to the Customer once the Company has received quotations from its service providers relating thereto.
3.6 Payment for the goods must be made and reflect on the Company’s bank account prior to dispatch of goods.
3.7 Payment shall be made in South African Rand.
3.8 Failure to make payment within 30 days of date of invoice will result in the order being cancelled by the Company.
3.9 In the event of the Customer alleging any manifest error in any invoice submitted to it by the Company, the Customer shall be obliged to notify the Company of such error within 10 (ten) days of the date of the invoice concerned, failing which the Customer will not be able to raise any claim whatsoever, nor claim any reduction, against the Company relating thereto.
Account Customers (30 Days Credit)
3.10 Payment for the goods must be made within 30 days of the date of statement, unless otherwise specified on the invoice.
3.11 Payment shall be made in South African Rand.
3.12 Failure to make payment within 30 days of the date of statement will result in the Customer’s credit facilities being temporarily suspended until such time as the outstanding payment has been made, or at the discretion of the Company.
3.13 The date of invoice will determine the month of sale, regardless of the date of collection of the goods by the Customer.
3.14 Without derogating from, and in full reservation of, the Company reserves it rights in terms of these Terms and Conditions of Trade and/or in terms of law, including (but not restricted to) the common law, interest shall accrue on any overdue amount payable by the Customer to the Company in terms of the provisions of clause 3.1 hereof above, from due date to date of final payment thereof, at 3%(THREE PER CENTUM) above the prime overdraft lending rate of interest of Standard Bank ("the Bank") prevailing as at the due date of such amount, per annum and compounded monthly.
3.15 Any and all payments made by the Customer to the Company in terms of this clause shall be made without deduction or demand in the currency of the Republic of South Africa at the address of the Company reflected in the relevant invoice in respect of the products concerned.
3.16 Any credit facilities granted by the Company to the Customer may be withdrawn at any time, at the discretion of the Company, and for any reason whatsoever.
3.17 In the event of the Customer alleging any manifest error in any invoice submitted to it by the Company, the Customer shall be obliged to notify the Company of such error within 10 (ten) days of the date of the invoice concerned, failing which the Customer will not be able to raise any claim whatsoever, nor claim any reduction, against the Company relating thereto.
3.18 All orders cancelled after goods have left a port outside South Africa will carry a 50% penalty on standard products and the Customer will be liable for 100% on special customised orders.
4.1 All prices quoted are ex-works. The Customer is responsible for organising transportation to collect goods ordered.
4.2 If goods are collected late by the Customer, the invoice date will prevail as the base date for payment.
5.1 Authorisation to return goods must first be obtained. A request in writing is to be sent to the Company. Upon authorisation of the return, the Customer will be notified and a signed authorisation form will be faxed to the Customer to accompany the goods being returned.
5.2 Only goods returned as new in original packaging will be accepted for return; upon inspection of the goods the Company reserves the right to reject the return.
5.3 Unauthorised returns will be returned to the Customer.
5.4 No goods may be returned after a period of 60 days from date of invoice.
5.5 All returns will be subject to a 20% handling charge unless it is a warranty claim.
5.6 Shipment of returns for Customer account.
6. Risk and Property
6.1 Goods supplied to the Customer remain the property of the Company until full payment has been received by the Company for those goods and all other goods supplied by the Company to the Customer in respect of which payment is outstanding. This includes consignment stock.
6.2 Until the title of the goods passes to the Customer:
6.2.1 The Customer will hold those goods as the Company’s bailee.
6.2.2 The Customer will protect, store and identify the goods by reasonable means so that they can be recognised as the property of the Company.
6.2.3 The Customer may use the goods or sell them in the ordinary cause of its business.
6.2.4 If the Customer is in breach of any of its obligations to the Company, or the order or the contract for supply of goods is cancelled or capable of being cancelled under clause 9 below, and provided the goods are still in existence and have not been sold, the Company may by notice require redelivery of the goods to it or without previous notice, retake possession of the goods and sell the goods. For the purpose of this clause the customer irrevocably authorises the Company’s representatives to enter the premises on which the goods are situated and remove the goods at the Customer’s expense.
6.2.5 Risk relating to all goods supplied to the Customer will pass to the Customer on delivery.
In the case of damage to any goods, the Customer must notify the Company within 48 hours of receipt, such notification to be confirmed in writing within the following 5 days.
8. Liabilities and Warranties
8.1 The Company will not be liable for damages resulting in death or personal injury in the use of any product, equipment or services supplied by the Company. Any claim shall be made against the manufacturer of the product, equipment or service.
8.2 If any goods supplied by or on behalf of the Company prove, on inspection, to be defective in material or workmanship, the Company will (at its option) replace the same or refund the Customer the price of the goods.
8.3 The Customer will determine the suitability of the goods for its intended use and will not rely upon any representations made by or on behalf of the Company.
8.4 The Company’s liability under these conditions shall never exceed the cost of replacement or the price paid by the Customer for the goods.
8.5 The Company will not be liable for any consequential loss, damage, costs, expenses or other claims for consequential compensation whatsoever suffered by the Customer whether this loss or damage arises from a breach of duty, in contract or in tort or in any other way (including loss or damage arising from Customer negligence).
If there is appointed a Receiver, Administrator, or Administrative Receiver of the Customer’s property or assets or any part of them, or a court order is made or a resolution passed for the winding-up of the Customer (except for the purpose of amalgamation or reconstruction) or if the Customer commits any act of bankruptcy (or any analogous proceedings under the law of any country outside South Africa), the Company may by notice in writing to the Customer cancel all orders and contracts between itself and the Customer or any part of them remaining unfulfilled.
All contracts between the Company and the Customer shall be governed and construed in accordance with the laws of South Africa.