PREMIER HANGERS (PTY) LTD
(Co. Reg. No. 2004/026167/07)
STANDARD CONDITIONS OF SALE
1.1 All the agreements of sale made and entered into by the
the purchaser of the Company's goods ("the Customer") shall be
on the terms contained in the order and subject to the following conditions.
2. 2.1 No alteration, cancellation, variation, waiver of or addition hereto shallbe of any force or effect unless expressly accepted in writing by the
2.2 No indulgence, leniency or extension of time show or granted to the
Customer shall in any way prejudice the Company or preclude the
Company from exercising any of its rights in the future.
3. 3.1 All amounts owing to the Company shall be paid within 30 (Thirty)
days of the date of statement.
3.2 Interest shall be charged on any overdue amounts at the maximum
rate prescribed from time to time in terms of the Usury Act of 1968,
as amended from due date until date of payment.
3.3 Ownership in the goods forming the subject matter of this contract
shall remain vested in the Company until all amounts due have
3.4 The Customer shall keep all goods in respect of which the purchase
price (and interest, If any) has not been discharged in full, free from
attachment, hypothec or other legal charge or process and shall notify
the landlord of its premises from time to time in writing that the goods
are the property of the Company.
3.5 Company shall have the option (but without prejudice to any
of its other rights against the Customer) by notice in writing to the
Customer to rescind this contract and any other contract between the
Company and the Customer or to suspend performance of any of its
3.5.1 should any sum owing by the Customer to the Company
be overdue for a period exceeding 14 (Fourteen) days whether
under this contract or any other contract; or
3.5.2 should the Customer be otherwise in breach of this contract or
any other contract of the Company.
4. 4.1 Delivery of the goods to the Customer shall take place at the premisesof the Company on the date upon which the Customer should have taken delivery or upon the date of collection, whichever date is the
4.2 The risk of loss or damage to the goods shall pass to the Customer
4.3 The Customer shall take delivery of the goods with reasonable
despatch. If the Customer delays delivery, reasonable storage costs
relating to the goods will be charged to the Customer as from the
specified delivery date and the goods shall be stored at the Customer's
4.4 The date of delivery is given in good faith and all reasonable efforts
will be made to comply therewith.
4.5 The Company will not be liable for any loss, damage or delay due
to the failure of the Company for any reason whatsoever to deliver the
goods on the date of delivery.
4.6 The Company may deliver the goods in instalments and no failure
of or delay in delivery of any instalment or any defect in the contents
thereof shall entitle the Customer to treat the contract as repudiated
with regard to any remaining instalments.
4.7 The Company shall be entitled to suspend or reduce the fulfilment
of any contract for the supply of goods at any time if any contingency
beyond the Company's control arises, such as non or reduced
availability of raw materials, strikes, lock-outs, fire or any act or event
which interferes with or prevents manufacture, production or delivery
of the goods.
4.8 If the goods are delivered in more than 1 (One) batch, then the agreement will be divisible and each batch will be the subject of a separate contract.
5. 5.1 The Company shall only be liable for any defect in the goods by
reason of faulty production, workmanship, quality of raw materials or
5.2.1 it is established that the goods were properly cared for and
5.1.2 the Company receives written notice of the defects within
14 (Fourteen) days of the delivery.
5.2 The Company's liability under 5.1 above shall be limited at
its option to:
5.2.1 repairing such goods free of charge; or
5.2.2 supplying the Customer with another unit of the goods
of charge; or
5.2.3 passing a credit for the purchase price of the goods,
provided that the Company shall under no circumstances
whatsoever be responsible for:
5.2.4 any consequential or other damages whatsoever; and
5.2.5 the cost of removal of the defective goods.
5.3 Save as set out herein, all conditions, terms, warranties or representations (express or implied, statutory or common law) as to quality, fitness, performance or otherwise in relation to the goods are excluded.
5.4 Save as expressly provided for in these terms and conditions, the
Company shall not be liable for any loss, damage or delay whatsoever
and howsoever the same may arise or be caused, including without
restricting the generality of the a foregoing, by reason of any negligence
by Company or its employees or agents.
5.5 When the Customer purchases the goods for re-sale, the Customer shall ensure that the purchaser of the goods is appraised of these conditions so as to ensure that the purchaser's claims (if any) against the Company are limited to the extent stated herein.
5.6 The Customer indemnifies and holds the Company harmless against all claims, loss, damage, expense or proceedings of whatsoever nature
against or on the part of the Company arising out of the sale or distribution of the goods whether defective or not and for any reason whatsoever.
6. 6.1 The Company. shall be entitled to institute any proceedings against the Customer in any Magistrate's Court having jurisdiction over it, even though the amount claimed is beyond jurisdiction of that Court.
6.2 In the event of the Company instructing its attorneys to recover monies from the Customer, the Customer shall be liable for and shall pay all legal costs incurred by the Company on an attorney/own client scale,
including collection commission.
6.3 The Customer appoints his address overleaf as his domicilium citandi
et executendi for all purposes under this Agreement.