These Conditions apply to all transactions for the supply of goods and/or services entered into, or to be entered into, between Xanthina Trading (Pty) Ltd t/a Packman, hereinafter referred to as “the Company” and the purchaser being any legal person, firm, partnership, close corporation or company, hereinafter referred to as “the Buyer”.
- Price and Ordering
- Quoted prices are net and exclusive of VAT, unless otherwise stated.
- In the case of a change of price, the company will always contact the Customer first to notify the customer of the price change.
- Price include delivery within Johannesburg and surrounding areas with a minimum of R1500.00 order required for delivery.
- Increase may be passed on to the customer as and required.
- This will be done 1 calendar month before increase become effective.
- Ordering to be placed in writing, confirming product name and description, price and pack size.
- When confirmation of an order is received, this is to indicate that packman have received the customer’s order. It does not indicate that a contract exist between the Customer and the Company. The company will indicate acceptance of the Customer’s orders, via email and hence a contract between the customer and the Company.
The lead time for orders will be 10 to 15 Full Working days, depending on your order size. Amended / increased orders will attract the full lead time as mentioned above from amended date and should also be placed in writing.
- Time shall not be of the essence in the contract.
- Any time or date specified for delivery by the Company or the Buyer, in respect of any sale, shall be approximation and guide only, and the Company will not be held liable for delay in delivery of the goods howsoever caused.
- If the Company is unable to effect delivery of any part of the goods on the date or time stipulated by it or the Buyer, the Buyer shall be obliged to take delivery as and when the Company can reasonably effect such delivery.
- the Company endeavours to effect delivery on any on any date specified by it or agreed upon by it, but does not give any warranties of whatsoever nature or kind and it shall not be held responsible for any damages of whatsoever nature, or loss of profit, or any consequential or indirect damages which the Buyer may suffer as a result of such later delivery.
- The Company is entitled to charge store cost where the Buyer request the Company to withhold or postpone delivery, and the Company agrees thereto, and the Buyer undertakes to pay any and all storage related to goods not taken, at the prevailing storage rates charges by the Company.
- The risk in and to the goods purchased shall pass to the Buyer upon delivery. Such delivery will be deemed to have been effected upon tender of the goods for acceptance by the Buyer within normal business hours, at the Buyer place of business or such other place nominated by the Buyer, or the Company’s place of business, if the Buyer elects to collect the goods.
- In event of the Company, for any reason whatsoever, not being able to effect delivery of all the goods, the Company may, in its discretion, effect delivery of such goods as it can, and the Buyer is obliged to accept such partial delivery of goods, and such delivery shall be deemed to be a sale for such listed quantity goods, concluded in terms of these terms and conditions.
- Should the Buyer have any claim whatsoever, arising out of a partial delivery of the goods, the Buyer shall, notify the Company within 24 hours of receiving or tendering of possession of the goods by the Company or the carrier of the goods, where the carrier is the Company’s agent, and endorse the delivery note accordingly.
- Unless the Buyer gives timeous notice of the partial delivery, in terms of 3.8 above, the Buyer shall be deemed to have received the goods as set out in the delivery note and relevant invoices.
- Notwithstanding anything previously contained herein, no carrier, as agent of the Company, shall be obliged to enter the promises of the Buyer to enable offloading to be effected. However, if such vehicle should enter the Buyer’s premises, it shall be deemed to do so at the Buyer’s specific instance and request, and in that event the Company and/ or its servants and/ or agents shall accept no liability for damage or loss occasioned to the Buyer or any third party, arising in any way from such entry or for that matter, exiting from the Buyer’s premises, or from the offloading thereof, or from any negligent act or omission of the Company of its agent carrier during the course of entering, existing or offloading. Further, the Buyer hereby indemnifies and holds the Company harmless against liability for any such damage or loss.
- If the Customer fails to accept the goods on the quoted delivery date the Company reserves the right to store goods until the Customer can receive or collect the goods and charge all reasonable expenses relating to storage and additional cost of delivery to the Customer.
- Title of goods will only pass to the Customer in receipt of payment in full of the price of the goods including all relevant taxes and delivery costs. The Company reserve the right to repossess goods in the Customer’s possession if payment is not made in full.
- Payment Terms
- Our terms are strictly CASH BEFORE OR ON DELIVERY, unless otherwise agreed upon in writing. No goods will be off-loaded without payment or proof thereof.
- Payment shall be made in full, in the form of cash, cheque or Electronic Funds Transfer (EFT), cash with order or against invoice/s.
- Kindly notify us immediately of any material factor which could or might have a bearing on the credit facilities extended to the Buyer by the Company, and furthermore undertakes to notify the Company immediately of any material change of or concerning the Buyer, including any change of ownership, shareholding, status, name, address and contact details.
- Order Cancellation
A Buyer shall provide the Company with a written intent to stop ordering from the Company to allow the company time to utilise all material procured for the purpose of fulfilling that particular Buyer’s orders. The written intent shall be provided 3 months prior to the last order placed. Failure to provide such written notice, the buyer shall be liable for all cost of obsolete inventory. All Buyer customised material left shall be bought back by the Buyer.
- Limitation of Company’s Liability
- Any defect in the quality, quantity and condition of the goods should be notified by the Customer to the Company, on receipt of the goods and the delivery should be refused by the Customer if the Customer does not notify the Company and refuse the delivery the Company will not accept liability for such defect and the Customer will be required to pay for the goods in full as if delivered.
- Before dealing in any manner with the goods supplied against any order, the Buyer must satisfy him/herself that the goods are suitable for the purpose for which they are to be used, and are free from any defect of whatsoever nature, against any claim brought against the Company by any Third party arising out of the unsuitability of the goods for any particular purpose whatsoever.
- The Company shall not be liable under any circumstances whatsoever, for any loss of profit or other special damages, out of any of its obligations under this contract, or any act of negligence and or omission on the part of the Company and/ or its employees or for any other reason, whether of the same kind, with the aforegoing, or otherwise howsoever.
- The onus shall be on the Buyer to satisfy him/herself that the goods supplied are for the purpose for which the goods are to be used, there being no obligation on the Company to guarantee such suitability.
- No agreement, warranty, condition, representation, promise, statement or undertaking, whether made before after a sale, shall be binding on the Company unless contained herein or confirmed officially in writing under the Company’s signature.
- The Customer will bear the cost of returning the goods to the Company unless the goods are being returned because they are incorrect or defective, in which case the Company will arrange for the goods to be collected by their nominated carrier.
No variation, amendment or alteration of these Conditions of sale shall be of any force or effect unless reduced to writing and signed by a duly authorised representative of the Company and the Buyer.
- Force Majeure
The Company shall have no liability to the Customer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered caused by event or circumstance beyond the Company’s reasonable control.
- Where the Buyer, in anyway, breaches the terms of the agreement, and does not remedy same within 24 hours of verbal or followed by written warning to that effect, then the Company, in its discretion may resile from the agreement and claim return of goods or its current market value in Rands, determinable from the relevant invoice as well as being able to retain any monies already from the Buyer, as damages. The Magistrate’s Court will be the forum which will deal with any matter of breach and surrounding issues, and concurrently the Laws of the Republic of South Africa will be applicable.
If the Buyer is in anyway in breach of the agreement and the Company engages the services of an attorney to collect the whole or portion of the amount owning to it by the Buyer, or to sue for any other damages as a result of breach by the Buyer, the buyer shall be liable to pay all cost occasioned as a result thereof, including collection charges and costs on an attorney and own client scale.
- Domicilium Citandi Et Executandi
The Company hereby elects as its domicilium citandi et executandi, at which it will accept service of any process or notice.