Delivery

 

The seller will arrange for the delivery of the purchase subject to the following conditions:

 

  1. In the case of delivery by rail, delivery is deemed to take effect upon goods being delivered to the transport company and the risk in and to the good shall pass to the purchaser upon such delivery taking place.

  2. In the case of delivery in the Seller’s vehicles delivery of the goods will take place upon the goods being off-loaded at the address as set out on the delivery note. Risk in and to the goods shall pass to the Purchaser upon delivery.

  3. In case of delivery by any other means including that the purchaser collecting the goods from our premises and 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.

  4. It is precedent that the Seller shall not be liable for the loss of profit or any damage direct or indirect, consequential or otherwise, sustained by you 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.

  5. Any times or dates for delivery or performance quoted by us 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 to printed goods shall be born by the Purchaser. Ownership of such items will be retained by the Seller unless otherwise agreed in writing.

 

Payment

 

Payments will be made in the legal tender of the Republic of South Africa and shall be made within 30 days from the date of statement unless otherwise specified in writing. In the event of payment not being made within 30 days as foresaid interest shall be calculated and charged monthly in advance at the rate of 1.5% per month.

 

Ownership

 

All goods sold in terms of this delivery note remain our property until paid in full. Until fully paid for, such goods shall not be alienated, pledged, encumbered or hypothecate in any way and shall not form part of the assets of any insolvent estate. Should you, before a payment has been made in full, commit any act of insolvency, apply for the surrender of your estate, or be sequestrated or pledged in liquidation whether provisional or otherwise, or be placed under Judicial Management, Provisional or otherwise or being a company, should you give notice of intention to be wound up, or be wound up voluntary or compulsory or should you fail to make any payment on due date, compromise with your creditors, or endeavour to do so, then at our control shall be entitled forthwith to repossess the goods sold thereunder without prejudice to our rights to claim all damages that we may have suffered and/or to claim without prejudice to our rights, all arrear payments owing by you at the date of such repossession, or to exercise such other rights as have at law.

 

Returns

 

No goods may be returned to the seller without the seller’s written consent having been obtained prior to such return.

 

Claims

 

  1. Any claim in respect of alleged short deliveries or defective goods shall be made in writing and delivered to the Seller’s premises within 14 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 in not lodged within the prescribed period, the goods shall be deemed in accordance with the delivery note.

  2. Our 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 14 days after delivery and which do not result in improper use of the goods. We are not responsible in any event for latent defects manifesting themselves more than 14 days after delivery. Under no circumstances are we liable for loss of profit or any damage direct or indirect, consequential or otherwise sustained by you or any third party by reason of any defects in the said goods.

 

Consent to jurisdiction

 

The Purchaser consents to jurisdiction of the Magistrates Courts having jurisdiction over the Purchaser in terms of Section 29 of the Magistrates Court Act No 32 of 1944 in respect of any action by the Seller against the Purchaser arising out of the sale of the goods.

 

Cost

 

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 moneys paid on or on behalf of the Purchaser after such Attorney has been instructed.

 

Domicillum

 

The Purchaser chooses as his/its Domicillum Citandi Et Excutandi the address set out on his invoice/delivery note.