1. The Customer agrees that (a) this contract represents the entire agreement between the Customer and Soaring Eagle Distributors (PTY) Ltd.Reg No. 2002/021264/07 (hereinafter called the .Organisation") and that no alterations or additions to this contract may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorlsed representative of the Organisation; (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. The Customer hereby acknowledges that he has read and understood each term of this agreement and accepts them as binding.
3. The Customer warrants that the signatory on the reverse side has been duly authorized to contract on its behalf.
4. The signatory hereby binds himself/herself in his/her personal capacity as co debtor In solidum for the full amount due to the Organisation and agrees that these Standard Conditions will apply mutatis mutandis to him/her.
5.1 The Customer acknowledges that no representations were made by the Organisation in regard to the goods or services or any of its qualities leading up to this contract.
5.2 The Customer agrees that neither the Organisation nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.
6.1 All quotes will remain valid for a period of 14 days from the date of the quote. The validity of any price quoted is subject to any increases in the cost price of the Organisation before dispatch of goods.
6.2 The Customer hereby confirms that the goods and services on the reverse side duly represent the goods and services ordered by the Customer at the prices agreed to by the Customer and where performance/delivery has already taken place that the services and goods were inspected and conform to the quality and quantity ordered.
6.3 Any delivery note (copy or original) signed by the Customer and held by the
6.4 All orders, whether oral or in writing, will be binding and subject to these standard conditions of agreement and may not be cancelled.
6.5 The Organisation shall be entitled in its sole discretion to split the delivery of goods orderd in the quantities and on the dates it decides.
6.6 The organization shall be entitled to invoice ach delivery actually made separately.
6.7 The risk of damage to or destruction of goods passes to the Customer on conclusion of the agreement of sale, ie goods have been invoiced and has left the premises of the Organisation
6.8 The Organisation agrees to engage a third party to transport the goods, the organization is hereby authorized toe engage a third party on the Customer's behalf and on the terms deemed fit by die Organisation.
6.9 In the case of repairs undertaken by die Organisation, repair times given are merely estimates and are not binding on the Organisation
6.10 The Customer agrees to indemnify the Organisation against any claims that may arise from such agreement against the Organisation.
7.1 In the event of goods that are defective, the rights of the customer are limited to the factory guarantee of the goods supplied. To be valid, guarantee claims must be supported by the original Tax invoice of the goods. All guarantees are immediately null and void should any goods be tampered with by anyone other than the organisation, under no circumstances will the Organisation be liable for damage arising from misuse of abuse of the goods( refer to Motor Company Warrantee on Home page)
7.2 Liability under Clause 7.1 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of the Organisation. It is the duty of Customer to return any defective goods to the premises of the Organisation at his own cost.
7.3 Any item delivered to the Organisation will form the object of a pledge in favour of the Organisation for the present and past Debts.
8. Under no circumstances will the Organization be liable for consequential damages.
9. No claim under this contract will arise unless the Customer has given the Organisation thirty days written notice by prepaid registered post or rectify any defect or breach fo the contract.
10. The Customer agrees to pay the amount on the invoice at the offices of the Organisation by Bank Transfer or Bank Card
11.1 The Customer has no right to withhold payment for any reason whatsoever.
11.2 The customer is not entitled to se off any amount due to the Customer by the Organisation against this debt.
11.3 The Customer hereby agrees that any item handed in for repair may be sold by die Organisation to defray the cost of such repairs if the item remains uncollected witin thirty days of the repairs being completed.
12. The Customer agrees that if an account is not settled in full (a) against order the Organisation is (i) entitled to immediately institute action against the Customer at the sole expence of the Customer; or (in) to cancel the agreement and take possession of any goods delivered to the Customer and claim damages.
13.1 All goods supplied by the Organisation remain the property of the organisation until such goods have been fully paid for. The Customer is not entitled to sell any goods unpaid for without the prior written consent of the Organisation.
13.2 A 50% Deposit is payable on orders exceeding R1000 and is nonrefundable on cancellation.
13.3 Goods are subject to a 5 working day Clearing period to ensure credibility of funds used for payments. Normal delivery period is 2 - 3 weeks
13.4 Any order is subject to cancellation by the Organisation due to force majeure from any cause beyond the control of the Organisation, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or be reason of an act of God, war civil disturbance, riot, state of emergency, lockout or other labour disputes, fire, flood, drought or legislation.
14. The Customer shall be liable to the Organisation or all legal expenses (including collection fees) on the attorney-and-client scale of an attorney and counsel incurred by the Organisation in the event of (a) any default by the Customer or (b) any litigation in regarding to the validity and enforceability of this agreement. The Customer will also be liable fo any collection or valuation fess incurred.
14.1 The Customer agrees that any litigation is to take place in Pretoria
14.2 The customer agrees that the Organisation will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate's Court.
15. The Customer agrees that no indulgence whatsoever by the organisation will affect the terms of this agreement or any of the rights of the Organisation in respect of any of its rights herein. Under no circumstances will the Organisation be stopped from exercising any of its rights in terms of the contract.
16. The Organisation shall have the right to institute any actions in either the Magistrate's Court or the Supreme Court at its sole discretion.
17.1 Any document will be deemed duly presented to the Customer within (i) three days of prepaid registered mail to any of the Customer's business or postal addresses or to the personal address of any director, member or owner of the Customer: or (ii) within 24 hours of being faxed to any of the Customer's fax numbers or any director, member's or owner of the Customer.
17.2 The Customer chooses as its domicillium citandi ex executandi its business address or the physical address of any director (in the case of a company), member (in the case of closed corporations) or the owner(s) or partners.
18. The Customer agrees to the standard rates of the Organsation for any goods or services rendered, which rates may be obtained on request.
19. The invalidity of any part of this contract will not affect the validity of any other part.
20. This contract was concluded in Pretoria