In these conditions of sale, unless consistent with the context:
A "The Supplier" means Uncanny Food Group CC
B "The Customer" means the buyer of goods from the Supplier.
-
All quotations, all acceptances of the Customers orders, and all sales by the Suppliers are expressly limited to and made conditional upon the Customer's acceptance of and assent to the general terms and conditions of sale as set forthherein, notwithstanding that the Customer shall specify any additional or different provisions or conflicting oral representations by any agent or employee of the Supplier.
-
No concession, latitude, or indulgence allowed to the Customer by the Supplier shall be construed as a waiver or abandonment of any of the Supplier's rights hereunder.
-
If the Supplier makes a bona fide error of calculation, in the quotation or confirmation of an order or contract, whether written or oral, same shall be rectified by the Supplier as soon as is reasonably possible, and the Customer notified in writing. If the Customer should fail to object to any item appearing on the Suppliers statement of account within thirty days of dispatch of statement, the accounts shall be deemed to be in order.
-
The Supplier is unable to accept responsibility for any defects in goods supplied to the Customer, which may have been subjected to additional process after delivery of the goods from the Suppliers to the Customer, or to the Customer's agent.
-
Delivery of the correct goods, in good order and condition will be assumed unless the Supplier is informed in writing to the contrary within 48 (forty eight) hours.
-
A signed delivery note shall constitute prima facie proof that the goods have been delivered to and received by the Customer in good condition, whether signed by the Customer, an employee, an agent, or representative of the Customer.
-
Ownership of any goods delivered to the Customer by the Supplier shall remain vested in the Supplier until they shall have been paid for in full.
-
The Supplier does not accept liability for late delivery or non-delivery of goods. No liability for consequential or indirect loss or damage is accepted on the part of the Customer.
-
The Customer consents to the jurisdiction of the local Magistrates Court in all actions arising out of the sale of goods by the Supplier to the Customer, notwithstanding that the claim may be more than the jurisdiction of the Magistrates Court.
-
The Customer hereby agrees to pay the Supplier on or before the due date of the invoices as per the agreed terms of credit.
-
The Customer shall not claim the right to any rebates and/or discounts on any basis of whatsoever nature unless a director of the Supplier shall have agreed to such rebates and/or discounts in writing and further provided always that such amount shall not be allowed if the purchases price therefore is not timeously paid, and shall not be allowed on any goods despatched if payment for any goods whatsoever invoiced prior thereto is overdue.
-
In the event of the Supplier having to institute legal action against the Customer for recovery of debt, the Customer shall be liable to the Supplier for the Supplier's own attorney and client costs, as well as collection charges which may be charged to the Supplier by its attorneys.
-
The Customer hereby consents to be liable to the Supplier for interest at prime rate per month on all overdue amounts.
-
A certificate under the hand of any director or manager of the Supplier (whose appointment need not be proved) as to the existence and the amount of the Customers indebtedness to the Supplier and as to the fact that such amount is due and payable, the amount of interest accrued thereon or as to any other fact or matter relating to the Customers indebtedness to the Supplier, shall be prime facie proof of the contents and correctness thereof for the purpose of provisional sentence, summary judgement or any other proceedings of whatsoever nature against the Customer in any competent court and shall be valid as a liquid document for such purpose.
-
For the purposes of any legal proceedings arising between the Supplier and the Customer, the Customer hereby chooses the physical address given on page one of this agreement, as its domicilium citandi et executandi, at which all notices, documents, and processes can be delivered / served.
-
The Supplier reserves the right to withdraw the Customer's credit facilities with immediate effect from date of written notice sent to the Customer.
-
Notwithstanding any relaxation, indulgence or waiver granted to the Customer, no alteration or variation of the contract shall be in force or effect unless it is recorded in writing and agreed to by both parties.