Cash Sales Terms & Conditions

  1. DEFINITIONS

1.1 “The Seller” and/or “The Company” means Wiehahn Framework Sales & Hire, the entity providing products or performing services under the contract.

1.2 “The buyer” and/or “The Customer” means the person or entity to which the Company is providing products or services under the contract, and who has placed an order with the Company, including the Customer’s representatives, successors and permitted assigns.

1.3 “Purchase Price” means the price agreed upon stated in the contract for the sale of products and services, including adjustments, if any, in accordance with the said contract.

1.4 “Products/Goods” and/or “Services” means the subject matter of the contract, as supplied or to be supplied by the Company, including but not limited to equipment, parts, materials and other goods the Company has agreed to supply to the Customer under the contract.

1.5 “Transaction” or “Contract” means any agreement between the Company and the Customer to enter into a contract in which the Company undertakes to supply products or services to the Customer in return for payment of the purchase price.

1.6 “List Price” means the latest official price of the product(s) or good(s) as quoted in the Company’s price list.

1.7 “Due Date” means that date upon which full payment of the purchase price is due and the date upon which the products/goods will be available for collection or delivery.

1.7 “Date of Delivery” means that date after which the full purchase price has been paid.

 

  1. NOTICE

2.1 The sale of any products or services by the Company is subject to the Customer’s express assent       to these Terms and Conditions. The acceptance of any offer proposed by the Company is expressly limited to the Customer’s acceptance of these Terms and Conditions, and the Company expressly objects to any additional or different terms proposed by the Customer, unless specifically agreed upon by the parties in writing. Any order to purchase products or receive services shall constitute the Customer’s assent to these Terms and Conditions.

2.2 The sale of all products/goods are sold on a strictly cash basis, and products/goods shall only be released to the Customer upon payment for the goods either in cash or via EFT in which case the amount shall first reflect on the Company’s bank statement as being received.

2.3 It is recorded that in line with clause 2.2 above, the National Credit Act 34 of 2005 is not applicable to the sale of products/goods as envisaged herein.

2.4 In the event that the Customer, being a juristic person, whose annual turnover exceeds the threshold value as determined by the Minister, then the Consumer Protection Act 68 of 2008 shall not be applicable to the sale of products/goods as envisaged herein.

2.5 Should any of the Terms and Conditions herein be void or unenforceable for any reason whatsoever, the Customer hereby accepts that the transaction will still be subject to the remaining Terms and Conditions contained herein and the validity thereof shall not be affected in any way and will remain fully enforceable.

  1. APPLICABILITY

3.1 The terms hereof shall form part of and apply to all contracts entered into, unless specifically excluded or amended by the parties, and such exclusion or amendment is to be in writing and signed on behalf of both parties.

3.2 Unless otherwise specifically stipulated in writing to the contrary by the Company, the terms hereof shall supersede and prevail over any terms and conditions contained in any

documentation submitted by the Customer.

 

  1. ORDER AND ACCEPTANCE

4.1 Each sale shall be subject to a separate contract governed by these Terms and Conditions.

4.2 Any contract in terms of which the Company agrees to sell product(s) to the Customer, to the exclusion of any terms and conditions that the Customer may seek to make applicable, will be subject to these Terms and Conditions.

4.3 The goods offered by the Company and the acceptance of any order is subject to the availability of the goods at date of acceptance.

4.4 All illustrations, diagrams, price lists, delivery dates and performance figures furnished by the Company in regard thereto, are approximate and are furnished for information purposes only, and unless specifically recorded by the Company in writing to the contrary, shall not form part of this contract nor bind the Company in any way whatsoever.

 

  1. PURCHASE PRICE

5.1 The purchase price payable by the Customer for the product(s) or good(s) shall be the Company’s list price for such product(s) at the date of delivery of the product(s), unless otherwise specifically agreed to in writing by the Company.

5.2 The full purchase price is payable, without deduction or set off of whatever nature on the due date so specified by the Company, unless otherwise specifically agreed to in writing by the Company.

5.3 Where any payment is effected by cheque or by electronic transfer or where any cheque is sent in the post, all risks arising from the use of a cheque, electronic transfer or the use of the post shall lie with the Customer who shall be liable for all damages/losses sustained as a result thereof.

5.4 The Company reserves the right to vary its list prices from time to time without notice to the Customer.

5.5 In the event of there being any increase in the cost of the goods to the Company for any reason including but not limited to an increase in wages, an increase in prices charged to the Company by its suppliers or otherwise, or in an instance where the Company’s list prices are varied in accordance with 5.2 above, between the date of quotation and the date of delivery, such increase shall be payable by the Customer.

5.6 An Upfront Deposit of 50 % of the Value of the Order must be paid to secure any Sale Order placed. Upon receipt of the balance of the value of the Order or purchase price, only then shall the products/goods be released or delivered.  Should the Order be cancelled, a Handling Charge of 5 % of the Total Value of the Order will be payable on “As Is” Equipment and 20 % on Refurbished Equipment. 

 

  1. DELIVERY

6.1 Unless otherwise expressly stated by the Company, the prices quoted are ex works, and the Customer shall take delivery of the goods as soon as they are placed at the Customer’s disposal at the Company’s premises, and shall bear and be liable for all charges and risks pertaining to and in respect of the goods from the time in which the said goods have been so placed at the Customer’s disposal, provided that the goods have been clearly set aside or otherwise identified as the contract goods.

6.2 Should the Company be requested by the Customer to deliver the goods by an alternative method, any increase in the cost of such an alternative method of delivery will be payable by the Customer.

6.3 The Company accepts no liability for any loss or damage whatsoever resulting from a delay in supplying goods, or for their non-availability or non-supply, and any dates agreed or arranged for delivery or performance are to be regarded as estimated only.

6.4 Should any deliveries be delayed, hindered, prevented or interfered with by any circumstances whatsoever outside the Company’s control, the period for such deliveries shall be extended until the lapse of a reasonable period after the cessation of the said circumstances, the Company shall not be liable for any claims, loss or damage caused by such delay.

 

  1. RISK AND LIABILITY

7.1 The risk in the goods will pass from the Company to the Customer upon delivery of the Goods to the Customer.

7.2 In the event that it is agreed upon by the parties that the deliveries are to be transported or railed by a recognised independent carrier, the said carriers shall be considered as the Customer’s agent, and the risk in and to the goods shall then pass to the Customer upon delivery thereof by the Company to the said carrier, and delivery of the goods to the Customer shall then be regarded as having been delivered.

7.3 In the event of the Customer appearing to sell the goods to a third party before payment has been made to the Company, the Customer acknowledges and agrees that the Company will not stand in a fiduciary relationship to the Customer and the Company will not be liable to any third party for delivery of the product/goods.

 

  1. RETENTION OF OWNERSHIP AND TITLE

8.1 Notwithstanding delivery of the goods and the transfer of the possession thereof to the Customer, full legal and beneficial ownership of the goods shall remain vested in the Company and shall not pass to the Customer until the payment of the full purchase price to the Company has been received.

8.2 In the event that the products/goods are collected or delivered prior to receipt by the Company of the full purchase price:

8.2.1 then the Customer agrees to keep the goods in good order and at all times to allow the Company and/or its representatives and/or its permitted assigns to inspect the said goods and have the said goods returned or collected immediately until payment of the full purchase price has been received, and the Company shall be entitled to recover from the Customer any reasonable charges, rental or other consideration for so doing.

8.2.2 Pending return of the goods, collection of the goods or payment of the full purchase price, the Customer shall not be entitled to cede, assign, hypothecate, pledge or pass possession of the goods to any intended third party.

 

  1. DISCLAIMER

10.1 The Company shall under no circumstances be liable for any loss of profit or any damages whether direct or indirect, consequential or otherwise, sustained by the Customer arising from any cause whatsoever, including any damages arising as a result of the negligence of the Company, its representatives, agents or permitted assigns.

10.2 The Company shall under no circumstances whatsoever at any time be liable for any damages or loss howsoever arising, or for any claims for consequential loss or damage which may be sustained by the Customer, or for any claims whatsoever made by another person in connection with any contract between the Company and the Customer for the sale of goods, and the Customer hereby further indemnifies the Company against all such claims.

 

  1. WARRANTY

11.1 In the event that the goods forming part of the subject matter of the contract are second hand or used goods:

11.1.1 Then the Customer hereby acknowledges that the goods may contain defects, and that the Customer has inspected the goods and satisfied himself/herself as to the condition of the goods, and hereby accepts the goods as they are, whether with or without defects, without any warranty whatsoever.

11.1.2 No warranty on the part of the Company as to the condition, state or quality of the said goods, or as to their fitness for any purpose has been given or is implied by the Company.

11.2 All Sales of Second hand Equipment shall be Deemed to be “ As Is “ “ Voetstoots “ .

Should refurbishment be required, a Refurbishment Charge of R 2500 .00 per tonne will be due and payable before preparation of the Order.           

 

  1. RETURN OF GOODS

12.1 In the case of the termination or rescission of the contract, whether at the instance of the Customer or the Company, or of both the Customer and the Company, the Customer shall not be entitled to any allowance, credit, return or set-off of any payments or deposits previously made and which shall be forfeited to and retained by the Company without prejudice to the rights of the Company to recover any damages suffered by it.

12.2 All goods returned will be in the same condition as when originally delivered by the company, and any failure by the Customer to comply with such a requirement will nullify any further claims for credit against the Company.

12.3 The Company does not accept the return of goods, other than goods delivered in error, or goods not corresponding with specifications stipulated in the contract. Such goods may only be returned to the Company upon agreement in writing by the Company.

  1. PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013

CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT NO 4 OF 2013 (“POPIA”)

 

13.1 The Customer hereby agrees to provide Wiehahn Formwork Solutions with personal information.

13.2 The Customer acknowledges that the purpose for which the personal information is being collected is in order to ensure that the Company is able to provide an adequate service and supply of goods.

13.3 Wiehahn Formwork Solutions will not be able to supply the goods, should the Customer fail to provide the requisite information.

13.4 The Customer hereby agrees that Wiehahn Formwork Solutions may transfer the information as a result of legitimate processing to a 3rd party in order to provide the goods, or to any Country outside South Africa where such countries data privacy laws are equivalent to or stricter than POPI or where suitable agreements have been entered into with 3rd parties which comply with the relevant provisions of POPI allowing the processing of personal information.

13.5 The information supplied has been so supplied voluntarily and with consent, and whilst being aware of the Customer’s rights to access, object or lodge a complaint to the Information Regulator regarding the information so collected. The complaint can be lodged with the Regulator at ( infoirsa@justice.gov.za ). 

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Drikus Mienie