1. All business conducted between Home Fabrics (PTY) Ltd and the customer shall be subject to the terms and conditions recorded herein.
2. Should Home Fabrics (PTY) Ltd agree in writing that the payment of any particular purchase need not be made cash before despatch ( CBD ) in writing, payment for such purchase shall be made within 20 ( Twenty ) business days ( i.e. Sundays and public holidays in the Republic of South Africa excluded ) from the date of statement.
3. Prices quoted in net Rands ( ZAR ) and exclusive of Value Added Tax ( VAT ), unless otherwise stated. The quotation total and invoice total include VAT.
4. All orders are subject to fluctuations in price and products being available.
5. All prices quoted are ex works Johannesburg .
6. If payment of any particular purchase is overdue, then the purchase price for all purchases made by the customer from the company shall immediately become due, owing and payable.
7. Home Fabrics (PTY) Ltd may access credit and/or related information on the applicant from any credit bureau or their agents or credit provider, in order for Home Fabrics (PTY) Ltd to conduct a credit assessment and/or affordability assessment and/or to trace its current whereabouts; perform an assessment of or to appoint a credit bureau to assess the credit worthiness of the applicant and/or the ability of the applicant to repay the credit requested; monitor the financial status of the applicant on an ongoing basis by making use of a nominated credit bureau; furnish credit information concerning it to any credit bureau, or to any credit provider seeking trade references concerning the applicant; hold and process, by computer or otherwise, any information obtained about me ( Individual ) or us ( Business Entity ) as a result of this application for the purpose of making any credit risk management related decisions.
8. Home Fabrics (PTY) LTD will be entitled to charge interest at a rate of 10.5% ( Ten Point five Percent ) per month on the customers overdue amount.
9. Any date or time specified for despatch by Home Fabrics (PTY) Ltd or the customer in respect of any sale, shall be an approximation and guide only. Home Fabrics (PTY) Ltd endeavours to effect despatch on any date specified by or agreed upon.
10. Notwithstanding anything herein before or elsewhere constrained, ownership of the goods shall, at all times, remain vested in Home Fabrics (PTY) Ltd, until the customer has made full payment of the purchase price. No latitude or extension of the time given to the customer shall in any way vitiate or novate the Home Fabrics (PTY) Ltd rights hereunder. In the event of any default on the part of the customer, Home Fabrics (PTY) Ltd shall, without prejudice to any other rights it may have, and without notice, be entitled, on demand, to obtain return of the goods, insofar as payment for the goods has not been made in full. The customer also consents to a court order against it for the attachment and removal of such by the sheriff of the relevant court.
11. Either the customer or Home Fabrics (PTY) Ltd may cancel this agreement by giving either party twenty business days’ notice in writing.
12. On receipt of the goods delivered to the customer by Home Fabrics (PTY) Ltd or its agents, the customer must examine the order and ensure that it correlates to the sample ordered.
13. The customer may not return goods that have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within other products or property.
14. The customer is alerted to the fact that all goods ordered with Home Fabrics (PTY) Ltd whether it be Home Fabrics (PTY) Ltd product, Home Fabrics (PTY) Ltd International product or Home Fabrics (PTY) Ltd brands product are “Special Ordered Goods” as contemplated under the Consumer Protection Act No. 68 of 2008 and therefore all goods ordered by the customer are not returnable unless otherwise stated below or in terms of the Consumer Protection Act. A special ordered good as defined in the Consumer Protection Act means a good that a supplier expressly or implicitly was required or expected to procure, create or alter specifically to satisfy the consumer’s request.
15. Goods may be returned to Home Fabrics (PTY) Ltd only by prior arrangement with the company directors and there will be a 25% charge for a handling fee.
16. Where the customer orders a Home Fabrics (PTY) Ltd product, Home Fabrics (PTY) Ltd International product or Home Fabrics (PTY) Ltd brand product from Home Fabrics (PTY) Ltd, in addition to it being a specially ordered good and therefore not returnable as contemplated under the Consumer Protection Act, the customer will be liable to Home Fabrics (PTY) Ltd for a deposit of 50% (Fifty Percent ) of the purchase price at the time of order of the goods.
17. Home Fabrics (PTY) Ltd provides its consumer with a six month warranty on its goods commencing from the date of despatch to the customer, if the goods fail to satisfy the requirements and standards as contemplated at the direction of the customer and provided the goods are utilised for the designated purposes.
18. In the event of Home Fabrics (PTY) Ltd having to institute legal action against the customer, the customer shall be liable for all legal costs incurred by Home Fabrics (PTY) Ltd on the scale as between attorney and own client including tracing costs. The Plaintiff or Applicant in any proceedings arising out of or in connection with these terms and conditions shall be entitled, but not obliged, to institute such proceedings in the Magistrate’s Court. This clause shall constitute written consent in terms of Section 45 of the Magistrate’s Court Act that the Magistrate’s Court shall have jurisdictions over any proceedings arising out of or in connection with this contract.
19. These terms and conditions shall govern the contractual relationship between Home Fabrics (PTY) Ltd and the customer and no other terms, conditions or provisions in any other form or manner or implied by law shall be forced and in effect unless reduced to writing and signed by Home Fabrics (PTY) Ltd and the customer.
20. The customer shall notify Home Fabrics (PTY) Ltd forthwith in writing of:
20.1 any change of address or any detail and particulars hereinabove;
20.2 Any change in ownership or control of the customer including any share transaction or membership transaction affecting the majority ownership and control of the customer. Where a change of ownership of the customer has taken place, a new trade application will have to be signed by the new owners.
21. Should an order be placed on Home Fabrics (PTY) Ltd on the customer’s official order form or stationery, the customer shall be stopped from denying the validity of such order, notwithstanding that such order may have been given or signed by a person not authorised thereto by the customer.
22. The customer agrees that the signature of its employee or any person purporting to represent it on the official despatch note or waybill of the Home Fabrics (PTY) Ltd despatch will be sufficient proof of despatch of the products.
23. The customer chooses as its chosen address for all purposes hereunder, the physical address and email address stipulated on the covering page of this agreement.
24. Should either party commit breach of this agreement and fail to remedy the breach within 10 days after receiving written notice to do so, then the other party will be entitled, without prejudice to any other remedy he may have, to cancel this agreement by giving written notice to that effect to the other party.