Alfred Teves Brake Systems (Pty) Ltd - Brake System Development for Motor Vehicles


			CONDITIONS OF SALE
			I, the undersigned (full names) ………………………………………………………………………………………… in my capacity as ………………………………………………………………….. of the applicant duly authorised hereto, do hereby acknowledge and accept:

	1.		that I am duly authorised by the debtor to make this application on its behalf and that the above information is true and correct;

	2.		on behalf of the debtor, accept and agree to the standard terms and conditions of sale of Alfred Teves Brake Systems (Pty) Ltd which standard terms and conditions I acknowledge having read and understood..


	3.		that ownership of the goods shall not pass to the purchaser until the purchaser has paid the purchase price in full.

	4		.PAYMENT

	4.1		Payment for all goods supplied by the “SELLER” to the “PURCHASER” must be made within (30) days of the SELLER’S statement.
	4.2		All payments due and payable in terms of this agreement shall be made to the “SELLER” at Kent Road, Boksburg North, South Africa.
	4.3		Interest at current bank overdraft interest rates plus 2% shall be charged on all overdue amounts, calculated from the date the payment is due to the date when payment is actually received by the “SELLER”.

	5.		that no order is binding on Alfred Teves Brake Systems (Pty) Ltd unless and until accepted or confirmed in writing to Alfred Teves Brake Systems (Pty) Ltd;


	6.		that should it at any time become necessary for Alfred Teves Brake Systems (Pty) Ltd to take any legal action to enforce any of its rights in terms hereof or to recover any amount that may be due to it in connection herewith, the debtor shall bear the company’s legal costs on the scale as between attorney and own client (including collection commission if applicable) and the debtor waives all the rights of set-off against the seller;

	7.		on behalf of the debtor that Alfred Teves Brake Systems (Pty) Ltd shall be entitled, but not obliged, to institute any proceedings arising out of any contract with the debtor in any Magistrate’s Court having jurisdiction in terms of Section 28 of the Magistrate’s Court Act 32 of 1944 as amended, and the debtor consents to the jurisdiction of such court in terms of Section 45 of the above Act, notwithstanding that the amount in dispute might otherwise exceed the jurisdiction of such court;


	8.		that all outstanding payments due to Alfred Teves Brake Systems (Pty) Ltd shall fall due on demand and all credit terms and discount offered remain subject to review at Alfred Teves Brake Systems (Pty) Ltd’s discretion;

	9.		that should any outstanding payment fall due to Alfred Teves Brake Systems (Pty) Ltd the payment shall promptly be paid and any right to set-off is hereby specifically excluded;

	10.		liability on behalf of the applicant;
	(i)		for the price of any goods ordered orally by any person purporting to be a representative of the applicant and received by any person purporting to be acting on the applicant’s behalf.
	(ii)		for the price of any goods reflected on any invoices received by the applicant or on the first statement of account received by the applicant, debiting such price, unless such liability and/or price is dissented from, in writing, within seven (7) days from the date of receipt of such statement or invoice, whichever has been received earlier;
			agree on the applicant’s behalf that;
	(i)		all goods delivered to the applicant will conclusively be deemed to have been received by the applicants in good order and in good condition unless the applicant makes a written complaint to the seller within seven (7) days of delivery of such goods;
	(ii)		all invoices and statements of account posted by Alfred Teves Brake Systems (Pty) Ltd shall be deemed to have been received by the applicant four (4) days after date of posting thereof to the address specified in the credit application form.
	11.
	11.1		the seller warrants that all goods sold to the purchaser shall be free from defects and will conform to specification;
	11.2		he seller’s sole obligation and the purchaser’s sole remedy under this warranty, and any warranty at common law, shall be that the seller shall replace defective goods free of charge, which shall have been promptly reported to the seller by the purchaser as defective in writing and returned to the seller, and, upon inspection by the seller shall be determined by the seller to be defective. Complaints for defective goods and claims in respect thereof shall be made within fourteen (14) days of delivery thereof, but in no event later than (12) months after delivery of the goods to the purchaser.
	11.3		except for the warranty given by the seller no warranty express tacit or implied at common law, no warranty shall be binding on the seller and the purchaser indemnifies and holds harmless the seller from any liability of any kind or nature whatsoever to customers and third parties which may arise from the sale of the goods to the purchaser by the seller in terms of this agreement. In no event shall the seller be liable for any incidental, indirect, special or consequential damages in connection with or arising out of the sale of the goods in terms of this agreement, and the purchaser’s sole remedy against the seller shall be limited to the remedy provided in sub-clause.
	12.		that Alfred Teves Brake Systems (Pty) Ltd at any time and without notice or reason, cancel any credit facility afforded to the applicant.
	13.		LEGISLATION
	13.1		The company is bound by the provisions of the Act and the Regulations when dealing with consumer credit information. Accordingly all consumer credit information received, collected, maintained, reported, supplied, made available or otherwise dealt with in terms of this Agreement shall be so dealt with by the Seller in accordance with the requirements of the Act, the Regulations and any other applicable legislation.
	13.2		The Seller acknowledges that it may only request, receive, use, divulge, supply, furnish or otherwise deal in consumer credit information for the purposes of this Agreement subject to the prescribed purposes of the Act, its Regulations and any other applicable legislation.
	13.3		except for the warranty given by the seller no warranty express tacit or implied at common law, no warranty shall be binding on the seller and the purchaser The prescribed sources from which the Seller obtain information for the purposes of compiling a report concerning a consumer are as follows:- credit providers; organs of state, including a court or judicial officer; any provider of a continuous service; a person providing long term and short term insurance; entities involved in fraud prevention; educational institutions; debt collectors to whom book debt was ceded or sold by a credit provider; other registered credit bureaux. PLEASE NOTE: The Purchaser is advised that the Seller makes use of a Credit Bureaux to perform credit checks. These checks will be performed in accordance with the Act. By signing this agreement, the Purchaser acknowledges that specific consent is hereby given for this purpose.
	14.		This agreement constitutes the entire agreement between the Seller and the Purchaser, notwithstanding the fact that the Purchaser may have printed any of it’s own terms and conditions on any document which may be handed or sent to the Seller by the Purchaser, and any variations and/or amendments to this agreement shall only be of force and effect if reduced to writing and signed by the parties hereto. SIGNATURE …………………………………………………………………………. DATE ………………………………………………………………………….