Standard Terms and Conditions
1. You the customer agree that (a) this contract represents the entire agreement between you and PFK Electronics (Pty) Ltd. (referred to in this contract as “us”) and that no alterations or additions to this contract shall be effected unless agreed to by both parties, reduced to writing and signed by both parties; (b) that this agreement will govern all future contractual relationships between the parties; and (c) is applicable to all existing debts between the parties.
2. In this contract reference is made to “qualifying customers”. You are a qualifying customer if you are a natural person (i.e a man or a woman) or you are a juristic person (i.e a company, Trust etc.) and you fall within the threshold determination under section 5(2)(b) of the Consumer Protection Act 68 of 2008 (“CPA”) and your transaction with the company is not otherwise exempt or excluded from the application of the CPA.
3. Certain terms in these Standard Terms and Conditions are recorded in similar font to this clause. Those provisions may limit our risk or liability, constitute an assumption of risk or liability by you, require you to indemnify us, constitute an acknowledgement of fact by you or signify a term, the presence of which, you may not expect to find in an agreement of this nature.
4. You warrant that prior to affixing your signature to this agreement, you have taken sufficient time to read and understand each term of this agreement and accept them as binding on you and the person you represent if you act on behalf of a another natural or juristic person.
5. If you are signing on behalf of another natural or juristic person, your signature on the reverse side is a representation to us that you have been duly authorised to contract on behalf of that other person. If that other person has in fact not authorised you to enter into this contract on its behalf, then this contract is concluded with you personally.
6. In addition to paragraph five above you agree in your personal capacity to be bound as co-debtor in solidum for the full amount due to us by the person you represent and agree that these standard conditions will apply mutandis mutandis to you.
7. All quotes will remain valid for a period of 30 days from the date of the quote. The validity of any price quoted is subject to any increase in the prices charged by our suppliers. Should the price increase, qualifying customers shall be entitled to decline to pay the higher price. Should a qualifying customer decline to pay the higher price, then the company may either cancel this agreement or charge the original price.
8. You hereby confirm that the items and services on the reverse side are the items and services ordered by you at the price or prices agreed to by you and where performance/delivery has already taken place you warrant that the services and goods were inspected and conform to the quantity and apparent quality ordered.
9. Any delivery note (carbon copy or original) signed by you and held by us shall be conclusive proof that delivery was made to you.
10. All orders made by you, whether oral or in writing, will be irrevocable, binding and subject to these standard conditions.
11. Where goods are delivered to a freight agent, the risk for the goods passes to you on delivery to the freight agent. You agree that such freight agent acts on your behalf.
12. FACTORY GUARANTEE:
- All new goods supplied by us to you carry a two year factory guarantee and your rights (except insofar as the CPA gives you additional rights) in respect of defective goods or goods that fail are limited to the factory guarantee. A qualifying customer may elect to rely on either the factory guarantee or any statutory warranty implied by the CPA but not both. Under no circumstances will we be liable for damage arising from misuse, installation or use contrary to our specifications or abuse of the goods.
- It is your duty to return any defective goods to our premises. On return of defective goods we may at our sole discretion exchange the goods, grant credit to you or return the goods to the manufacturer under the factory guarantee. A qualifying customer may elect to rely on either the right of return under the factory guarantee or any statutory right of return imposed by the CPA but not both.
- Services are not guaranteed.
13. Liability under Clause 11 is further restricted to the costs of repair or replacement of faulty products or services. Subject to the terms and extent of the liability imposed by Section 60 and 61 of the CPA, we will not be liable for damages, direct, indirect or consequential or pure economic losses arising from any use, defect or failure of the goods whatsoever and howsoever. Qualifying customers shall have such rights against the company in terms of and to the extent of Section 51(1)(c)(i) of the CPA.
14. Subject to section 60 and 61 of the CPA, you hereby indemnify and hold us harmless against any claim of whatsoever nature by a third party arising from your actions or omissions relating to the use, on-sale and/or installation of goods.
15. Customers other than qualifying customers shall not be entitled to withhold payment for any reason.
16. You shall afford us thirty days’ notice by prepaid registered post to rectify any defects or of breach of contract.
17. You agree to pay the amount on the invoice (a) cash on delivery; or (b) if you are an approved customer within the agreed payment period or in the absence of agreement, thirty days of the date of an Invoice issued by us. Payment must be tendered at our offices.
18. You (except if you are a qualifying customer) agree that the amount due and payable to us shall be determined and proved by a certificate issued by us and signed on our behalf by a duly authorised person, whose authority need not be proven. Such certificate shall be binding and shall be conclusive proof of your indebtedness, and shall be a liquid document for the purposes of obtaining summary judgment.
19. You agree that interest on any monies due to us shall be subject to the legal interest rate prescribed by law from the date the monies fall due.
20. You agree that if an account is not settled in full (a) against delivery; or (b) on due date in the case of approved customers, we are entitled to (i) enforce the contract or (ii) to cancel the contract and take possession of any goods delivered to the customer.
21. In the event of cancellation, you shall be liable to pay (a) the difference between the selling price and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of the repossessed goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be conclusive proof of value.
22. All goods supplied by us remain our property until such goods have been fully paid for. You are not entitled to sell any unpaid goods without written consent by us.
23. You shall be liable in advance to us for all legal expenses incurred by us in the event of any default by you or any litigation in regard to the validity and enforceability of this agreement on an attorney-client basis. You will also be liable for any collection or valuation fees incurred. Qualifying customers shall have the same rights against us for their legal fees in successfully prosecuting a claim against us for our default.
24. You agree that no indulgence whatsoever by us will affect the terms of this agreement or any of our rights and such indulgence shall not constitute a waiver by us in respect of any of our rights herein. Under no circumstances will we be stopped from exercising any of our rights in terms of this contract.
25. We shall have the right to institute any action in either the Magistrate’s Court or the Supreme Court at our sole discretion.
26. Any document will be deemed duly presented within three days of prepaid registered mail to any of the your (business or personal) addresses or on being delivered by hand to you. If the price for any goods or services requested by you is not expressly agreed, then you agree to our standard rates for any goods or services rendered, which rates may be obtained on request.
27. The invalidity of any part of this contract will not affect the validity of any other part of this contract.
28. The law of the Republic of South Africa will govern these terms and will be used in interpretation and enforcement”.
29. If you are based in a region other than South Africa and purchase goods or services from us for use in such other region, you must ensure that the goods and services comply with any laws or regulations relating thereto in the region in question, and by purchasing goods or services from us, you confirm that you have so ensured that this is the case”.