Supercart South Africa (Pty) Ltd (“the Company”) Terms and Conditions of Sale
1.1. The purchase price of the goods shall be payable by the Purchaser within thirty (30) days after date of invoice. No amount may be deducted from, or set-off against, any invoice.
1.2. Interest on overdue amounts shall be charged to the Purchaser at a rate of 2.5% per month, provided that if such rate exceeds the highest permissible rate in terms of the National Credit Act, 2005, then the latter rate shall apply.
2. OWNERSHIP AND RISK
2.1. Ownership of the goods shall remain vested in the Company until the purchase price has been paid in full. The Purchaser shall give written notice to its landlord that the Company owns the goods and shall immediately notify the Company if any third party attempts to assert any rights in, and to, the goods or if the goods are attached or taken under lien by any third party.
2.2. The risk in, and to, the goods shall pass to the Purchaser upon delivery.
3.1. Time shall not be of the essence when it comes to the delivery of goods. A delay in delivery, for any reason whatsoever, shall not entitle the Purchaser to cancel the sale and the Company shall not be liable to the Purchaser for damages or otherwise.
3.2. No claim of any nature will be entertained by the Company unless notice of a claim is endorsed on the Company’s delivery note or is lodged in writing with the Company within five (5) days of delivery and, failing such notice, the Purchaser’s claim shall be deemed to have been waived, abandoned and of no force and effect against the Company.
4. NO WARRANTEES, LIABILITY OR INDULGENCES
4.1. The Company does not warrant the quality or fitness for purpose of the goods and the Purchaser shall be deemed to have satisfied itself as to such matters prior to ordering the goods.
4.2. The Company shall not be liable, under any circumstances whatsoever, for any indirect or consequential damages or loss of profit arising out of a breach by the Company of any of its obligations under a contract of sale or the cancellation of any sale and, in any event, its liability to the Purchaser shall not exceed the purchase price of the goods.
4.3. No indulgence or extension of time which the Company may grant to the Purchaser shall prejudice, or constitute a novation or a waiver of, any of the Company’s rights under these Terms and Conditions or according to law.
5. BREACH AND ENFORCEMENT OF RIGHTS
5.1. In the event that the Purchaser fails to pay any amount to the Company on the due date therefor, or any cheque, promissory note or other bill of exchange given to the Company is dishonoured by non-payment, or the Purchaser breaches any other provision of these Terms and Conditions, or a resolution is passed or application is made to commence business rescue proceedings in respect of the Purchaser or for the sequestration or winding-up of the Purchaser whether provisionally or finally, or the Purchaser commits an act of insolvency, or the Purchaser proposes or enters into any compromise with any of his/its creditors, or the Purchaser fails to satisfy any judgment granted against him/it within five (5) days after the date of the judgment, then notwithstanding any earlier agreement for credit, the Company shall be entitled, without prejudice to any other rights it may have under these Terms and Conditions or according to law, to cancel any contract of sale relating to the goods, to re-possess the goods, to claim from the Purchaser immediate payment of any amounts due by the Purchaser and/or to claim damages.
5.2. These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the Republic of South Africa and the Purchaser consents to the exclusive jurisdiction of the Courts of the Republic of South Africa. At the option of the Company, any claim against the Purchaser may be brought in any Magistrates’ Court in the Republic of South Africa having jurisdiction over the Purchaser in terms of section 28(1) of the Magistrates’ Courts Act, 1944, notwithstanding that such claim may exceed the monetary jurisdiction of the Magistrates’ Court, and the Purchaser hereby consents to the jurisdiction of such Court.
5.3. The Purchaser chooses its physical address as recorded in the relevant goods Order as its domicilium citandi et executandi for the service of all legal processes and notices to be served or given pursuant to these Terms and Conditions and any contract of sale.
5.4. In the event that the Company instructs attorneys to recover any amount or goods from the Purchaser, the Purchaser shall be liable for, and shall pay, all legal costs incurred by the Company on the attorney and own client scale, including collection commission.
5.5. A certificate signed by a manager or director of the Company, whose authority need not be proven, stating the amount of the Purchaser’s indebtedness to the Company, including interest, the rate of interest and costs, shall be prima facie proof of the amount of the Purchaser’s indebtedness to the Company and shall be valid in Court as a liquid document against the Purchaser for the purposes of obtaining provisional sentence, summary judgment or otherwise.
6. CONSUMER LEGISLATION
In the event that any provision of the National Credit Act, 2005, or the Consumer Protection Act, 2008, applies to any transaction between the Company and the Purchaser which incorporates these Terms and Conditions, then any provision of these Terms and Conditions which is rendered unlawful by such Act/s shall be deemed to have been severed from these Terms and Conditions to the extent of such unlawfulness.