Terms and Conditions of Sale
The seller will arrange for the delivery of the purchase subject to the following conditions:
- In the case of delivery by rail, delivery is deemed to take effect upon goods being delivered to the Transport Company and risk in and to the goods shall pass to the purchaser upon such deliver taking place.
- In the case of the delivery being delivered by the seller to the purchaser. All goods will become the risk and responsibility of the purchasers once goods have been offloaded at the address as set out on the delivery note.
- In the case of delivery by any other means including that of purchaser collecting the goods from our premises, delivery is deemed to have taken place upon the delivery receipt being signed by the purchaser and the risk in and to the goods shall pass to the purchaser upon delivery taking place.
- It is precedent that the seller shall not be liable for loss of profit or any damage direct or indirect, consequential or otherwise, sustained by the Purchaser in consequential or otherwise, sustained by the Purchaser in consequence of deliveries, which may be in any respect incurred, or in consequence of non –delivery or late deliveries due to breakdowns of machines, strikes, labour disputes, wars, riots, civil commotion, delays by manufacturers, or in transport accidents, legislation or regulations of any government or other authority, or other causes beyond our control.
- Any times or dates for delivery or performance quoted by Seller are business estimates only and do not constitute contractual obligations.
- Origination – Printed Goods
- All costs which arise from artwork, block charges, moulds stereos and related items in respect of printed goods shall be born by the purchaser. Ownership of such items will be retained by the Seller unless otherwise agreed in writing.
- Payments will be made in legal tender of the republic of South Africa and shall be COD unless an account has been requested, granted and opened and then payment shall be made within 30 days from the date of statement unless otherwise specified in writing. All overdue accounts shall bear interest at the rate of 2% above the prime bank overdraft rate, from time to time charged by the NEDBANK of South Africa Limited and which interest shall run from due date until date of final payment.
- All goods sold in terms of this invoice/Delivery note remain the property of the seller until paid for in full. Until fully paid for, such goods shall not be alienated, pledged, encumbered or hypothecated in any way and shall not form part of the asset of any insolvent estate. Should the purchaser, before payment has been made in full, commit any act of insolvency, apply for the surrender of his/her/its estate, or be sequestered or pledged in liquidation whether provincial or otherwise, or be placed under Judicial Management, Provincial or otherwise or being a company, should the purchaser give notice or intention to be wound up, or be wound up voluntarily or compulsory or should the Purchaser fail to make payment on due date, compromise with their creditors, or endeavour to do so, then the Seller shall be entitled forthwith to repossess the goods sold there under without prejudice to our right to claim all damages that the Seller may have suffered and/or/ to claim without prejudice to our rights, all arrear payments owing by the Purchaser at the date of such repossession, or to exercise such other rights as we have at law.
- No goods may be returned to the seller without the seller’s written consent having been obtained prior to such return.
- Any claim in respects to alleged short deliveries or defective goods in shall be made in writing and delivered to the seller’s premises within 10 days of the goods being delivered. Any such claim should clearly identify the goods and set out the nature of the complaint, if a claim is not lodged within accordance with the Delivery Note.
- The Seller’s liability in respect of the goods sold is limited to the rectification of defects in such goods due to bad materials or workmanship which manifest themselves within 10 days after
delivery and which do not result from improper use of goods. We are not responsible in any event for latent defects manifesting themselves more than 10 days after delivery. Under no circumstances are we liable for loss of profit or any damage direct or indirect, consequential or otherwise sustained by the Purchaser or any third party by reason of any such defects in the said goods.
- The Purchaser agrees that any Magistrate’s Court, which has jurisdiction over the Purchaser, shall have jurisdiction to entertain any action or proceedings that may arise out of the sale of the Goods and/or this Agreement, this to include but not be limited to the payment of any monies owing, notwithstanding that the value of the relevant claim may exceed the statutory jurisdiction of such Court, and the purchaser hereby consents to such jurisdiction as contemplated in section 45 of Act 32 of 1944, as amended. Nothing herein contained shall preclude the Seller from instituting any action or proceeding, against the Purchaser, in the appropriate division of High Court of South Africa.
- In the event of an attorney being instructed to collect any payments due by the Purchaser in terms hereof, the Purchaser shall pay all legal costs incurred by the Seller in connection with the instruction of the Attorney whether or not Summons be issued as between Attorney and client together with collection commission calculated at the rate of 10% on monies paid on or on behalf of the Purchaser after such Attorney has been instructed.
- The purchaser chooses as his/its Domicillium Citandi et Executandi the address set out on his Invoice/Delivery Note.
- Any signature that appears on the invoice which constitutes proof of Delivery of the Goods will be deemed to be binding on the purchaser.
Terms and Conditions of Use
- Acceptance of Terms
- Your access to and use of glenpak.co.za (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
- he contents of the Website does not constitute advice and should not be relied upon in making or refraining from making, any decision.
- Required disclosures
Glenpak c.c. discloses the following information
- Web Owner: Brandon Restall of Glenpak
- Street Address: 14 GwiGwi Mrwebi Street , Newtown ,
- Postal Address: P O Box 60010, Langlaagte, 2102
- Telephone: +27 11 836 7125/7/8
- Fax +27 11 836 7126
- Contact: Brandon
- Changes to Website
Glenpak reserves the right to:
- change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that glenpak.co.za shall not be liable to you for any such change or removal.
- change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
- Links to Third Party Websites
- The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
- All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to glenpak.co.za or otherwise used by glenpak.co.za as permitted by law.
- In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
- Disclaimers and Limitation of Liability
- The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the extent permitted by law, glenpak.co.za will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
- glenpak.co.za makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of glenpak.co.za for death or personal injury as a result of the negligence of glenpak.co.za or that of its employees or agents.
- You agree to indemnify and hold glenpak.co.za and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against gardenon.co.za arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
- If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
- Governing Law
- These Terms and Conditions shall be governed by and construed in accordance with the law of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts.