In this agreement, unless the contract otherwise requires the following word, expressions and phrases shall have the meanings hereunto assigned to them:-
1.1 “the COMPANY” Came Bpt South Africa (Pty) Ltd
1.2 “the CUSTOMER” shall mean the entity/individual that purchases any of CAME BPT’s products.
1.3 “the PRODUCTS” shall mean any of the products or services sold or rendered by the Company.
Reference in these Conditions of Sale to the masculine, feminine or neutral shall mean and include the other or others of them as the context requires.
3.1 Any given delivery date is approximate only, and shall not constitute a material term of the contract entered into between COMPANY and the CUSTOMER.
3.2 If the COMPANY is unable to effect delivery for any reason which is either wholly or partly beyond its control, then the obligation to make that delivery shall be suspended until the COMPANY shall be in a position to effect delivery.
3.3 The COMPANY shall be entitled to suspend any delivery while the CUSTOMER is in breach of any of the terms of this or any other contract between it and the CUSTOMER.
3.4 Unless otherwise stipulated, the CUSTOMER shall take delivery of the goods at the COMPANY’S premises.
3.5 The COMPANY may affect the delivery of any goods, which form part of an order, at different times, or alternatively part deliveries, and the CUSTOMER shall be obliged to accept such part deliveries.
3.6 Unless otherwise stipulated in writing all costs of carriage, freight charges and/or any other delivery or transport costs, shall be borne and paid for by the CUSTOMER. Notwithstanding that the COMPANY may effect payment of any costs of freight or carriage, the carrier shall at all times be deemed to be the agent of the CUSTOMER.
3.7 Unless otherwise stipulated in writing all costs of insurance in respect of the goods shall be borne and paid for by the CUSTOMER.
3.8 No claims for short delivery will be entertained unless raised within 7 (seven) days from the date of delivery.
- Ownership, Risk and Insurance
4.1 Ownership of the goods will only pass to the CUSTOMER against payment of the whole of the contract price.
4.2 The goods shall be at the CUSTOMERS risk as soon as they leave the COMPANY’S premises, irrespective of who is responsible for the delivery of the goods; provided that if the CUSTOMER fails to take delivery of the goods when tendered, then the risk therein shall pass to the CUSTOMER as soon as delivery is tendered by the COMPANY, even if the goods have not left the COMPANY’S premises, and all costs directly or indirectly incurred by the COMPANY is storing, caring for and invoicing the goods after such a tender shall be paid by the CUSTOMER to the COMPANY on demand.
4.3 The CUSTOMER shall not have any claim whatsoever against the COMPANY:-
4.3.1 If the goods fail to arrive at their destination; or
4.3.2 For any loss of or damage to the goods, arising from any cause whatever, while they are in transit, irrespective of who is responsible for their delivery.
- The Selling Price and Terms of Payment
5.1 The selling price of the products is based on the cost of materials, components, accessories, labour, insurance, freight, railage, delivery, import duties, rate of exchange and finance rates prevailing at the date on which the contract is entered into the selling price shall be increased in the event of the COMPANY being obliged to pay any additional amount for the goods by reason of any change in any of the costs, charges, imposts, levies and taxes referred to in this paragraph, or by reason of any increase in the costs of delivery, or any cost incidental thereto, which the COMPANY may be obliged to pay or any tax in substitution thereof.
5.2 Value Added Tax or any tax or impost in substitution for or in addition thereto shall be borne and paid for by the CUSTOMER.
5.3 Payment for the goods shall be made by the CUSTOMER within 30 (thirty) days of invoice, or as otherwise agreed to in writing between the parties. Any amount due in excess of the agreed payment terms shall attract interest at a rate equivalent to 2% (two per cent) above the prime lending rate as charged by the Company’s bank.
- Warranties and Representations
6.1 Any recommendation, formula, figure, advice, specification, illustration, diagram, price list, dimension, weight or other information furnished by the COMPANY is approximate and for information only and, unless otherwise expressly stated in writing, does not form the basis or any part of the sale.
6.2 The COMPANY shall not be liable under any circumstances whatsoever for any loss or damages arising out of the use by the CUSTOMER or any material or information referred to in 6.1, whether furnished negligently or otherwise.
6.3 The COMPANY warrants that the Products sold to the CUSTOMER shall be free of material defects and in good working condition as warranted by the manufacturers of the Products.
6.4 The COMPANY does not make any representations, nor unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the suitability of the Products for any purpose.
6.5 It is expressly agreed that the CUSTOMER shall not have any claim against the COMPANY for any cause whatsoever arising out of or in respect of the Products, and without in any way excluding from or limiting the generality of the foregoing, shall not have any claim against the COMPANY by reason of the Products being latently or patently defective, or not being suitable for the purpose for which they are purchased.
6.6 The COMPANY shall in no circumstances be responsible or liable to the CUSTOMER or any other person for any consequential loss or damages arising from any cause whatsoever and the CUSTOMER hereby indemnifies the COMPANY against any such claims.
7.1 The COMPANY may elect, at sole and absolute discretion, to accept the return of Products for a refund, exchange or repair.
7.2 In the event of the COMPANY electing to accept the return of any product for a refund, exchange or repair the CUSTOMER shall comply with the following conditions:
7.3 Prior written authorization shall be obtained from the COMPANY which authorization shall contain a goods return number as well as details of the date and invoice number and I.O.N. under which the Products were supplied.
7.4 The Products shall be returned to the branch of the COMPANY from where they were purchased.
7.5 In the event of the COMPANY agreeing to accept the return of Products correctly supplied to the CUSTOMER a handling fee equivalent to 15% (fifteen per cent) of the value of the Products shall be levied on the CUSTOMER.
- Delay or Impossibility of Performance
The COMPANY shall have the right to suspend delivery of any of the goods to the extent and for as long as such delay is caused by or attributed to any circumstances beyond the reasonable control of the COMPANY including but not limited to war, sanctions, strikes, breakdown of machinery, civil commotion, inadequate supply of trucks or other transport or labour or raw materials, floods, storms, official or unofficial boycotts or acts of State or strikes. In the event of any of the forgoing persisting for 90 (Ninety) days or longer then the COMPANY shall be entitled to forthwith cancel the agreement between it by written notice without any liability to the COMPANY arising out of or in respect thereof.
- Exclusion of Liability
9.1 The COMPANY shall not be liable for any loss or damage whatsoever suffered by the CUSTOMER or any other person as a result of:-
9.1.1 The Products or any part thereof being defective in any way or failing to conform wholly or partly, with any warranty or guarantee given by the COMPANY;
9.1.2 Any delay in delivering the Products or any part thereof;
9.1.3 Any failure to deliver the Products or any part thereof.
9.2 The COMPANY shall not be liable to the CUSTOMER or any other person for any loss or other special damages or any consequential damages whatsoever arising out of any breach by the COMPANY of any of its obligations under these conditions or out of any other cause whatsoever.
9.3 If the CUSTOMER:-
9.3.1 Commits a breach of any of these conditions; or
9.3.2 Being an individual, dies or is provisionally or finally sequestrated or surrenders his estate; or
9.3.3 Being a partnership, is dissolved; or
9.3.4 Being a company, is placed under a provisional or final order of liquidation or judicial management; or
9.3.5 Compromises or attempts to comprise generally with its creditors, then and in any of those events, the COMPANY may summarily cancel the contract by giving the CUSTOMER written a notice to that effect, without prejudice to any rights which it may have as a result of that breach or cancellation.
9.4 Upon the cancellation of the contract for any reason whatsoever, the COMPANY may repossess the Products if ownership has not been passed to the CUSTOMER in terms of paragraph 4.
9.5 In the event of any payment not being made by the CUSTOMER timeously and on the due date then in that event and without prejudice to all of the other rights of the COMPANY the full amount owing by the CUSTOMER to the COMPANY shall forthwith become due and payable.
10.1 No variation of these conditions shall be of any force or effect unless it is recorded in writing and signed by the COMPANY’S authorised officer for the time being.
10.2 No representative, agent or salesman has any authority to waive or vary any of these conditions or make any representations whatever on behalf of the COMPANY.
10.3 No indulgences, extension of time, relaxation or latitude which the COMPANY may permit at any time in regard to the carrying out of any of the CUSTOMER’S obligations shall prejudice the COMPANY in any manner whatsoever or be a waiver by the COMPANY or any of its rights against the CUSTOMER.
- Domicilium Citandi et Executandi
11.1 The COMPANY hereby chooses domicilium citandi et executandi at Unit 6, Touchdown Industrial Park, Ridge Road, Bartlett Ext. 114, Boksburg, South Africa.
11.2 The CUSTOMER hereby chooses domicilium citandi et executandi at the address specified in the invoice.
11.3 Either of the parties shall be entitled to change their chosen domicilium citandi et executandi to any other address in the Republic of South Africa, which change shall be effective 14 (Fourteen) days after receipt of notice thereof.
11.4 Any notice or letter delivered to a party’s chosen domicilium citandi et executandi by hand shall be deemed to have been received on the date of such delivery, or if posted to a party’s chosen domicilium citandi et executandi by prepaid registered post, shall be deemed to have been received on the 7th (Seventh) day after such posting.
11.5 The parties hereby agree that all summonses commencing an action, applications and other Court documents, notices and processes, until such time as they have appointed an attorney to receive service of such documents, may be validly served upon them at their chosen domicilium citandi et executandi.
The COMPANY and the CUSTOMER agree that this contract shall be interpreted and governed in all respects by the law of the Republic of South Africa.
- Consent to Jurisdiction
13.1 The CUSTOMER consents to the COMPANY instituting any proceedings arising out of this contract in any Magistrate’s Court having jurisdiction over the CUSTOMER, irrespective of the amount of the claim without prejudice to the rights of the COMPANY to institute an action in the High Court.
13.2 In the event of the COMPANY having to institute legal proceedings against the CUSTOMER for payment of monies due or to enforce any of its rights arising from these terms, then in that event the CUSTOMER shall be liable for all legal costs incurred by the COMPANY on the attorney and own client scale.
- Whole Agreement
These conditions and the Sales Confirmation document constitutes the whole agreement between the COMPANY and the CUSTOMER and no alteration, amendment, variation or consensual cancellation thereof shall be of any force or effect unless reduced to writing and signed by the authorised representatives of the parties.
- The products described in this catalogue are designed for Residential & Commercial applications. The COMPANY reserves the right to modify the products, certain specifications and prices detailed herein at any time without prior notice. E&OE.
- Came products are warranted for a period of twenty-four months after delivery. However, batteries carry a six-month warranty due to the nature of the product. All warranties on new products and repairs on Came products are regulated by proper Terms & Conditions available on request.