Terms & Conditions
LONGFIELD TRADING CC
Reg No. 2008/189084/23
TERMS AND CONDITIONS OF SALE
- The Customer shall make payment for all goods purchased from the Supplier (Longfield Trading CC) within 30 Days from date of Statement, unless alternative trading arrangements have been agreed to.
- Alternative trading arrangements includes COD trading terms.
- In the event of the Customer failing to make payment on the due date, the Customer shall be liable to pay interest to the Supplier, at the rate of 2% per annum above the ruling prime overdraft rate charged by the Standard Bank of S.A. Limited on the unpaid amount. Such interest shall be calculated from the date of purchase to the date of payment.
- All payments due by the Customer shall be made without demand or destruction for any reason whatsoever.
The Customer hereby consents in terms of Section 45 of Act 32 of 1944, or any amendment thereof, to the jurisdiction of the Magistrate’s Court in any district having the jurisdiction over the Supplier in terms of Section 28 of the aforesaid Act in respect of any Claim arising between Supplier and the Customer notwithstanding the amount thereof. The Supplier, shall however, have the right notwithstanding the aforegoing consent to institute proceedings, at its own discretion, against the Customer in any other court of competent jurisdiction.
The Customer hereby appoints its delivery address as reflected as its Dom cilium citandi et executandi for service upon it of all notices and processed in connection of any claim for any such due to the Supplier relating to goods sold by the Supplier to the Customer.
A certificate by a director of the Supplier in reflecting the amount due and owing by the Customer to the Supplier in respect of capital and interest shall be sufficient and satisfactory prima facie proof of the facts therein stated for the purposes of all legal proceedings against the Customer for the recovery of the said amount.
Notification of any exterior damage to sealed cartons must be made to the Supplier in writing by a responsible employee at the time of delivery, otherwise the Supplier will not hold itself responsible for such damage.
- All goods shall be examined on receipt by the Customer and no claim for shortages or for damaged goods will be entertained by the Supplier unless such shortage or damage is noted by the Customer on the Supplier’s copy of the Delivery note and unless a claim is submitted to the Supplier in writing within 48 hours of receipt of the goods. Goods may not be returned without the written consent of the Supplier.
- The Customer shall not be entitled to cancel the contract by reason of any delay howsoever caused.
In the event of the Supplier engaging the services of an attorney to collect any amount from the Customer which has fallen due for payment of such attorneys charges on an attorney and own clients basis and shall be further liable for all collection charges which may be lawfully made by the Supplier’s attorney.
In the event of the Supplier concluding any arrangement with the Customer for the payment of any monies owing by the Customer to the Supplier, such payment shall not constitute a novation and shall not prevent the Supplier from instituting legal proceedings to recover any monies owing to it by the Customer. Any such payment arrangement shall be entirely without prejudice to the Supplier’s rights to institute legal proceedings against the Customer for all monies owing by the Customer to the Supplier.
The Customer hereby agrees that the Supplier shall not be liable for any consequential loss or contingent liability whatsoever which the customer might suffer as a result of any alleged defects in the goods sold by the Supplier to the Customer or in respect of any work performed by the Supplier on behalf of the Customer.
In the event of the Customer being a Partnership or a Closed Corporation, the signatory on behalf of the Partnership or Closed Corporation hereby warrants that he is duly authorised to conclude this contract with the Supplier and further warrants that he is duly authorised to accept these terms and conditions.
In the event of the Customer being a partnership, the individual partners agree that all partners shall be jointly and severally liable for payment of all amounts due to the Supplier by the Customer. The partners further agree that their liability to the Supplier shall be unaffected by any dissolution of the partnership in respect of any goods sold and delivered after such dissolution unless written notice advising the Supplier of such dissolution had been duly delivered to the Supplier.
LIMITED LIABILITY COMPANY
In the event of the Customer being a limited liability Company, the signatory on behalf of such Company hereby warrants that he is duly authorised to conclude this contract with the Supplier and to accept these terms and conditions. Such signatory hereby, by his signature, interposes and binds himself as surety for and co-principal debtor with the Customer for the due and punctual payment by the Customer of any amount which is now and/or may hereafter of any time and from time to time be or become due by the Customer to the Supplier
The Supplier shall be entitled, at any time, to withdraw credit facilities extended to the Customer without notice.
The terms and conditions contained herein shall constitute the entire agreement between the Supplier and the Customer and the Supplier shall not be bound by any terms and conditions contained in order from or similar document issued by the Customer and no variation to the terms thereof shall be valid unless reduced to writing and signed by both the Supplier and Customer.
Ownership in any goods sold by the Supplier to the Customer shall remain vested in the Supplier until payment in respect of such goods be made in full.
Risk in and to the goods shall pass to the Customer upon delivery.