Terms and Conditions of Sale
- Application
1.1. In these terms and conditions of sale, the term Supplier refers to Drive Auto Parts and the term Purchaser refers to the credit applicant as noted under the heading Owner, director or member on page 1.
1.2. These terms and conditions supersede all other conditions and are without prejudice to any securities and/or guarantee(s) which the Supplier holds.
1.3. This contract constitutes the entire contract between the parties and no representation by any person or variations or consensual cancellations of or amendments to any of the terms and conditions hereof, shall be valid or binding on the Supplier unless reduced to writing and signed by an authorised representative.
To the extent that there is any conflict between these terms and a written agreement between the Supplier and the Purchaser in respect of a particular transaction, the terms of that agreement shall prevail.
- Price
Unless another price has been quoted by the Supplier, (which will then apply) the price of the goods will be the Supplier’s current price ruling on the date of quotation to the Purchaser. The Supplier may vary any quoted price by adding thereto the increased cost to it resulting from any adverse fluctuation in the rate of exchange between the date of the quotation and the date of supply, or for any increase in costs occasioned by circumstances beyond the reasonable control of the supplier.
- Ownership and Goods
Notwithstanding the delivery of any goods to the Purchaser, ownership shall not pass until the Supplier has received payment in full of all and any indebtedness of the Purchaser to the Supplier and the Supplier shall be entitled to recover possession of the goods without notice and without the necessity to first cancel the contract of sale if payment of the amount owing to the Supplier is not effected on due date.
- Payment
4.1. The contract price shall be paid by the Purchaser without any deduction or set off within the period stipulated on the face hereof following the date of statement.
4.2. If more than one delivery is made, then each delivery will be invoiced and paid for separately but otherwise in accordance with 5.1.
4.3. The Supplier shall be entitled to charge interest at the maximum rate allowed by law from time to time, always accruing daily and capitalised monthly.
4.4. Should the Purchaser default in paying its account, then the Supplier shall be entitled, but not compelled, to forthwith demand that the whole amount outstanding by the Purchaser from whatsoever cause arising will immediately become due and payable, notwithstanding the fact that a portion of the amount would not be owing in accordance with the agreed terms of payment.
4.5. The Purchaser agrees that in the event of any portion of an invoiced amount being disputed, then and in that event, the Purchaser will nevertheless forthwith pay the undisputed amount of such indebtedness according to the agreed terms of credit allowed to the Purchaser.
4.6. Until the purchase price of the goods has been paid, the Purchaser shall ensure that the goods are adequately insured against the usual risks and produce conclusive proof of such insurance, whenever called upon to do so by the Supplier.
4.7. All direct payments must be deposited into the following bank account, which may be changed by the Supplier, from time to time on written notice to the Purchaser: Standard Bank, Account Name: Drive Auto Parts, Account no: Bank Approved Beneficiary, search for Drive Auto Parts, Payment Reference: Debtor Account Number/Sales Order Number
- Paint
5.1. The Supplier sells paint by description according to the colour description of that paint. Upon ordering paint, the Purchaser shall be responsible for the selection of the colour. The Supplier shall not be responsible for the colour of the paint if the Purchaser provides the Supplier with the incorrect colour description, or the Purchaser selects the incorrect colour of paint.
5.2. The Supplier shall not be liable to the Purchaser for any loss, damages, costs or expense incurred by the Purchaser as a result of the Purchaser purchasing the incorrect colour of paint.
5.3 The Purchaser shall ensure that any paint purchased from the Supplier shall be used and/or applied in the correct manner. The Supplier shall not be liable for any loss, damages, costs or expense incurred by the Purchaser due to the incorrect application of the paint. The Purchaser hereby indemnifies and holds the Supplier harmless against any claims, actions, applications, damages, costs, .losses, expenses or liability of any kind however, suffered or incurred with respect to the purchase by the Purchaser of the incorrect colour of paint or the incorrect application of such paint.
- Delivery
6.1. Delivery shall be completed when goods are:
6.1.1. Offloaded at their destination where goods are to be transported by means of the Supplier’s vehicle
6.1.2. When the goods are loaded if the goods are to be transported by the Purchaser or a carrier engaged, whether by the Supplier or the Purchaser, to transport the goods to the Purchaser.
6.2. Should the Supplier, at the Purchaser’s request, agree to engage a carrier to transport the goods on behalf of the Purchaser, then:
6.2.1. The Supplier is authorised to engage a carrier on such terms and conditions, as it deems fit; but reasonable.
6.2.2. The Purchaser shall indemnify the Supplier against all demands and claims that may be made against it by the carrier so engaged and all liability that the Supplier may incur to carrier arising out of the transportation of the goods.
6.3. The risk in the goods shall pass to the Purchaser, on delivery of the goods, to the Purchaser, its agent or carrier, referred to in 6.2 above.
6.4. If the Purchaser fails to take delivery of the goods on due date, then risk shall immediately pass from the Supplier to the Purchaser and the Purchaser shall refund to the Supplier, on demand, the reasonable costs, including storage and insurance costs of keeping the goods during the period of that delay.
6.5. Unless the Supplier receives a notice within seven (7) working days of delivery of the goods from the Purchaser, the Supplier shall be exempted from and shall not be liable under any circumstances for any complaints or claims for any alleged shortage or failure of the alleged goods to comply with the terms of contract.
6.6. The signature of any employee or agents of the Purchaser, which appears on the Supplier’s official delivery note or waybill or the delivery note of any authorised independent carrier, will constitute conclusive evidence of delivery of goods purchased.
6.7. Notwithstanding any other provision in the contract to the contrary, the Supplier’s obligation to deliver the goods shall in all cases be subjected to the following conditions precedent:
6.7.1. Availability of stock to the Supplier.
6.7.2. The timeous receipt by the Supplier of any instructions pertaining to such goods.
6.8. Time shall not be the essence of the contract
- Warranty
Save as provided for in clause 8.1 below or any other previously agreed upon written warranties between Supplier and Purchaser, the goods are warranted against latent defects and bad workmanship.
- Return of Goods
8.1. Prior authorisation from Supplier’s authorised representative must be obtained; reflecting only ONE Invoice/delivery note number per return.