TERMS & CONDITIONS OF SALE
In these Terms and Conditions of Sale reference to:
No representations or warranties made by Igloo Durban to The Customer at any time shall be binding on Igloo Durban unless made by a duly authorised employee, reduced to writing, and signed by a duly authorised representative of Igloo Durban.
No variation of these terms and conditions of sale shall be of any force or effect unless such variation is reduced to writing and is signed by a duly authorised representative of Igloo Durban.
4.1 Save as provided in the CPA, any between Igloo Durban and The Customer cannot be cancelled without the written consent of a duly authorised representative of Igloo Durban.
4.2 In the event of such consent being granted, The Customer will not be entitled to a credit for returned goods unless, when returning such goods it simultaneously advises Igloo Durban in writing of the original delivery note and invoice numbers.
4.3 Should any goods be returned to Igloo Durban with its written consent, a restocking charge may be levied by Igloo Durban. Should any returned goods have been specially transported for The Customer, The Customer will in addition be liable to pay the cost which was incurred by Igloo Durban in transporting the goods from The Customer to the supplier (Igloo Durban).
In the absence of an agreed price, the price of any goods sold by Igloo Durban to The Customer will be that which is in force on the date on which the sale is concluded. If between the date of sale and the date of delivery, the cost to Igloo Durban of such goods is increased for whatever reason, the price payable by The Customer may by notice be increased proportionately by the amount of such increase in cost.
6.1 The Customer agrees that the signature of any agent, contractor, sub-contractor or employee of The Customer on Igloo Durban’s official delivery note/invoice/waybill, or the delivery note of any authorised independent carrier will constitute delivery of the goods purchased.
6.2 Any time or date for delivery specified by Igloo Durban in respect of any sale shall be approximate only, and time shall not be of the essence of any contract of sale. If Igloo Durban cannot affect delivery of any goods on the date specified by it, the sale shall continue in force until such time as Igloo Durban is able to affect delivery. Igloo Durban shall not be liable for any damages whether consequential or otherwise and howsoever arising, loss of profits or loss of contract sustained or suffered by The Customer, or any third party, as a result of any such delay in delivery or for any other reason.
6.3 Unless otherwise recorded in writing, the price of goods is quoted net of cash, without discount, free on rail (f.o.r) at warehouse and does not include delivery charges. The cost of delivering any goods shall be that quoted by Igloo Durban to The Customer or if no quote is given, Igloo Durban’s usual and customary charge for delivery. Where goods are delivered by Igloo Durban free of charge, then such free delivery will end at the normal ground floor entrance of The Customer’s premises.
6.4 In the event of any order for goods being delivered by instalments, each instalment shall be deemed to have been sold under a separate contract of sale and payment for each instalment delivered shall be made before Igloo Durban is obliged to effect deliveries of future instalments. Failure by The Customer to pay the amount due in respect of any one instalment shall entitle Igloo Durban to treat such failure as repudiation of the entire order by The Customer.
6.5 Where goods are sold on the basis that The Customer will take delivery of such goods from Igloo Durban’s premises, The Customer will be obliged to take delivery of such goods within three days of being notified that they are available otherwise extra fees will be charge over the customer for the storage and such goods will remain on Igloo Durban’s premises at the risk of the customer, Igloo Durban shall not be liable to the customer for any damage or loss howsoever caused.
A certificate signed by a manager or any director of Igloo Durban reflecting the amount owing by the customer to Igloo Durban, in respect of any credit facilities granted to the customer’s dealings with Igloo Durban, and that such amount is due, owing and unpaid shall be prima facie (face value) proof of the effects therein stated for the purpose of any action (whether by way of provisional sentence or otherwise), proof of debt on insolvency or for any purpose whatsoever where the amount of such claims is required to be established, and it shall rest with the customer to prove that such amount is not owning and/or due and unpaid.
If the customer should fail to object to any item appearing on Igloo Durban’s statement of account within fourteen days of date of the dispatch of the statements the accounts shall be deemed to be in order.
In the event of the customer defaulting in making payment of any amount that has become due and owing, then the full balance outstanding (whether due or not) will immediately become due and payable without notice to the customer.
Notwithstanding the amount which may at any time be owing by the customer to igloo Durban, the parties do hereby consent, in terms of Section 45 of the Magistrates Court Act (No 32 of 1944 as amended), to the jurisdiction of the Magistrate’s Court for the determination of any action or proceeding which may be brought by Igloo Durban against the customer arising out of any transaction between the parties, it being recorded that Igloo Durban shall be entitled, but not obliged, to bring any action or proceeding in the said court.
The customer undertakes to notify Igloo Durban forthwith of any change of address.
The customer undertakes to notify Igloo Durban in writing, within seven working days of any change in Ownership of the customer’s business, or should the customer be a company, of its share transactions whereby the majority shareholding is affected, failing which notice the entire balance owing, whether due or not, will immediately be deemed to be due and payable by the customer. In addition to the aforegoing, the customer acknowledges that immediately upon any change of Ownership in the customer any outstanding amount whether due or not shall be deemed to be forthwith payable by the customer to Igloo Durban.
Until such time as the customer has paid the purchase price in full in respect of any purchase of goods, the ownership in and to all such goods shall remain vested in Igloo Durban. Igloo Durban shall, in its sole discretion, without notice the customer, be entitled to take possession of any such goods which have not been paid for and in respect of which payment is overdue, in which event the customer shall be entitled to a credit in respect of the goods so returned being the price at which the goods are sold or the value thereof as determined by Igloo Durban. The customer hereby waives any right it may have for a spoliation order against Igloo Durban in the event that Igloo Durban takes possession of any goods. Notwithstanding the reservation of ownership, the risk in and to any goods sold shall pass to the customer upon delivery and any carrier shall be deemed to be an agent of the customer.
14.1 In the event of any order being given to Igloo Durban on an order form reflecting the customer’s name as the entity from which the order emanates, such order shall be deemed to have emanated from the customer, notwithstanding the fact that such order may have been given or signed by a person not authorised by the customer and such order will be deemed to constitute valid delivery and may not be revoked. It is further the sole responsibility of the customer to determine that goods ordered are suitable for the purposes of the intended use.
14.2 Igloo Durban reserves the right at its sole discretion to provide alternative goods of the same quantity and quality at the prevailing prices to those ordered by the customer, should the originally ordered goods be superseded, replaced or the manufactured thereof terminated.
14.3 All quotations provided by Igloo Durban to applicant shall be valid for fourteen (14) days from the date of the quotation and are subject to the availability of goods; good faith errors; increases in cost prices; and currency fluctuations.
Igloo Durban does not appoint the Post Office as its agents for payments by post. All payments shall be made to Igloo Durban’s place of business from where the goods were ordered. In the event of any payments being mislaid; lost in the post; or
transferred to the incorrect banking account the customer shall be liable to igloo Durban for payment. Should Igloo Durban at any time advise the customer of any change to Igloo Durban’s banking account details the customer shall confirm such change with a Manager of Igloo Durban before effecting any further payments, provided however nothing contained herein shall be interpreted as obliging Igloo Durban to afford the customer any such indulgence to effect payment after due date.
Igloo Durban shall be entitled to charge the customer interest at the rate of 2% per month a tempora morae (in other words, from the month the debt is overdue) provided however, that nothing contained herein shall be interpreted as obliging Igloo Durban to afford the customer any such indulgence to effect payment after due date.
None of the rights or obligations of the customer contained in these terms and conditions may be ceded or assigned without the prior written consent of Igloo Durban.
Igloo Durban’s policy is one of continuous improvement. As such design, dimensions and/or any other technical information as contained on brochures, quotations, websites, price lists, or any other Igloo Durban material is subject to change without prior notice.
Igloo Durban shall not be liable for any damages or loss whatsoever, whether direct or indirect, consequential or otherwise arising out of or in connection with the use by the customer or any other 3rd party of any of Igloo Durban.
The customer specifically warrants that Igloo Durban has consent to:-
The customer acknowledges all copyright and shall not duplicate copyrighted material.
Igloo Durban will not be in any way responsible for losses, damages or delays caused by or arising from name major (a natural disaster) causes fortuitous (an unavoidable accident) or acts of the State’s enemies, riots, lockouts, cessation of labour, transport delays, shortened hours of labour, accidents of any kind, insurrection, war, whether declares or not, the imposition of any trade boycotts or sanctions of trade restrictions by any government, authority, company or organization or person or persons, whether within the republic of south Africa or anywhere else, or any other cause or contingency whatsoever beyond the control of Igloo Durban, whether eiusdem generis (of what was clearly the real intention between the parties) with the causes aforementioned or not. Igloo Durban shall further not be liable for any consequential losses, including loss of profits or for any delictual liability of any nature whatsoever caused negligently or innocently.
The customer hereby indemnifies Igloo Durban and undertakes to keep Igloo Durban indemnified against all liability howsoever caused or arising, and all actions, suits, proceedings, claims, demands, costs and expenses whatsoever, which may be taken or made against Igloo Durban or become payable by Igloo Durban at the suit of any person that may be the direct or indirect results of the use of equipment supplied by Igloo Durban, provided that the liability in question was not caused as a result of any act or omission or negligence of Igloo Durban, its servants, agents, contractors or employees.
Any condemnation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on the part of Igloo Durban shall not in any way operate as or be deemed to be a wavier by Igloo Durban of any rights under this contract, or be construed as a novation thereof.
Each clause of these conditions of sales is severable, the one from the other and if any one or more clauses are found to be invalid or enforceable, that clause/clauses shall not affect the balance of these conditions of sale, which shall remain of full force and effect.