TYREMART General Terms and Conditions of Sale

 
1. Definitions – The following terms shall have the following meanings unless otherwise determined by the context. Clause headings appearing in these terms and conditions shall not affect interpretation.
 1.1“Company” means the seller of the products reflected on the invoice;
 1.2“CPA” means the Consumer Protection Act 68 of 2008;
 1.3“Customer” is the person, natural or otherwise, identified on the invoice;
 1.4“NCA” means the National Credit Act 34 of 2005;
 1.5“Products” means any product sold by the Company and shall, where applicable, include fitment of such product and any ancillary services.
 
2. Price
 2.1The purchase price shall be the price of the Products as reflected on the invoice.
 
3. Payment
 3.1Payment will be made in South African Rand and shall be without any set-off or deductions unless otherwise specified by statute or an order of court.
 3.2In the absence of a written agreement that credit has been extended to the Customer, payment is due upon delivery of the Products to the Customer.
 3.3Payment terms for Products sold on credit will be strictly 30 (thirty) days.
 3.4Subject to the NCA, all overdue accounts shall accrue interest at the rate of 2% (two per centum) per month, reckoned from the due date for payment to the date of final payment.
 3.5Company shall have the right to suspend any deliveries or to refuse further sales to the Customer in the event of non-payment or any breach.
 3.6Company may appropriate all payments made by the Customer to such accounts as it may decide in its sole discretion.
 3.7In the event that any amount remains outstanding and Company instructs legal representatives to recover such unpaid costs, the Customer shall be liable for all legal costs incurred by Company.
 
4. Ownership and Risk
 4.1Ownership in the Product shall not pass to the Customer until all outstanding amounts relating to the purchase of the Product are paid.
 4.2Irrespective of the above, the risk in the Products shall pass to the Customer on delivery to the Customer, its agent or any authorised recipient.
 
5. Delivery and Fitment
 5.1Delivery shall be deemed to have taken place when the Customer, its agent or any authorised recipient signs the invoice relating to the purchase of the Product or when the Product is fitted to the Customer’s vehicle or when the Product leaves the Company’s premises, whichever is earlier.
 5.2Any transportation costs and/or costs of insurance on the Product shall be borne by the Customer.
 5.3The Customer acknowledges that any signature on the invoice or delivery note relating to the Product by the Customer, its agent, its employee or another authorised person will constitute proof of proper delivery of the Product.
 5.4The Company disclaims any risk or liability in the delivery of the Product to the maximum extent permitted by law.
 
6. Warranty
 6.1Subject to the CPA, no warranty or guarantee is extended from or by the Company other than that provided by the manufacturer of the particular product.
 6.2In the event of damage to the Product, the Company is entitled to submit the returned Product to the manufacturer for technical inspection to determine whether or not the damage falls outside the scope and/or extent of the implied warranty afforded by section 56 of the CPA, before making a decision on whether to refund, replace or repair the Product.
 6.3The use, depleting, damage or depreciation of goods can be considered by the Company and/or the manufacturer / supplier of the Products when determining the amount to be refunded to the Customer.
 
7. Indemnity
 7.1Subject to the CPA, the Customer limits the liability of the Company to the price of the Product purchased.
 7.2Products are sold subject to the manufacturer’s specifications and recommendations and failure to adhere to these may result in damage, injury, harm or death, for which the Company shall not be held liable.
 
8. Credit
 8.1Extending of any credit facility by the Company to the Customer shall at all times be at the sole discretion of the Company and shall, subject to the NCA, be on terms as determined by the Company.
 8.2The Company has the right to, at any time, summarily withdraw any credit facilities on written notice to the Customer.
 
9. Applicable Law and Jurisdiction
 9.1These terms and conditions shall be governed by the laws of South Africa.
 9.2The Customer consents to the jurisdiction of the Magistrate’s Court having jurisdiction notwithstanding that the amount in dispute may exceed the jurisdiction of the Magistrate’s Court.
 9.3The Customer acknowledges being aware that the jurisdictional area of a Magistrates' Court is, in terms of section 28(1)(d) of the Magistrates’ Court Act, founded if the cause of action arose wholly within the district or regional division of the Magistrate’s Court, irrespective of whether or not the Customer resides, carries on business or is employed within this district or regional division.
 9.4The Company may at any time in its own discretion institute action in any Court of competent jurisdiction.
 
10. General
 10.1Clause headings appearing in these terms and conditions shall not affect interpretation.
 10.2No waiver by a party of any breach, failure or default in performance by the other party, and no failure, refusal or neglect by a party to exercise any right hereunder or to insist upon strict compliance with or performance of the other party’s obligations under these terms and conditions shall constitute a waiver of the provisions of these terms and conditions.
 10.3These terms and conditions constitute the entire agreement between the parties who acknowledge that there are no other oral or written understandings or agreements between them relating to the subject matter of these terms and conditions.
 10.4All the provisions of these terms and conditions shall be severable and no provision shall be affected by the invalidity of any other provisions of these terms and conditions. If any part or portion of these terms and conditions has been deemed to have been struck out and/or be declared a prohibited practice in terms of the NCA, the Competition Act, the CPA or any equivalent and/or applicable legislation, the Company undertakes to amend these terms and conditions in an effort to comply with statute, failing which the offending clause will be struck out without affecting the remainder of the terms and conditions.
 10.5A certificate signed by a director or manager of the Company, whose authority need not be proved, as to the existence and the amount of the Customer’s indebtedness to the Company, as to the fact that such amount is due and payable and as to the amount of interest accrued thereon, shall constitute prima facie proof of the contents and correctness thereof.
 10.6These terms and conditions will be subject to the provisions of the CPA and the NCA.