STANDARD CONDITIONS OF AGREEMENT

 

  • The Customer agrees that
  • This contract represents the entire agreement between the Customer and V-Tel (PTY) LTD, (hereinafter called the ‘Organisation’) and that no alterations to his contract may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of the organisation;
  • That this agreement will govern all future contractual relationships between the parties; and
  • Is applicable to all existing debts between the parties.

 

  • The Customer hereby acknowledges that he/she has read and understood each item of this agreement and accepts them as binding.
  • The Customer warrants that the signatory on the reverse side has been duly authorised to contact on its behalf.
  • The signatory hereby bind himself/herself in his/her personal capacity as co-debtor in solium for the full amount due to the Organisation and agrees that these Standard Conditions will apply mutatis mutamdis to him/her.
  • 1) The Customer acknowledge that no representations were made by the Organisation in regard to the goods or services of any of its goods qualities leading up to his contract.
  • 2) The customer agrees that neither the Organisation nor any of its employees will be liable for any negligent of innocent misrepresentations made to the Customer.

 

  • All quotes will remain valid for a period of 30 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.
  • The Customer herby confirms that the goods and services on the invoice misused duly represents 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 quantity ordered. It is the sole responsibility of the client to determine that the goods or services by him are suitable for the purpose he intends using them.
  • Any invoice herby (copy or original) signed by the Customer and held by the Organisation shall be conclusive proof that delivery was made to the customer.
  • All orders, whether oral or in writing will be binding and subject to these standard conditions of agreement and may not be cancelled.
  • The Organisation shall be entitles in its sole discretion to split the delivery of the goods ordered in the quantities and on the dates it decides.
  • The Organisati0on shall be entitles to invoice each delivery actually made separately.
  • The risk of damage to or destruction of goods passes to the Customer on conclusion of the agreement’s sale.
  • In case of special orders undertaken by the Organisation. Delivery times are merely estimates and are not binding on the Organisation.
  • All goods taken on an approval basis by the Customer are deemed sold if not returned within 7 days of issue.
  • If the Organisation agrees to engage a third party to transport the goods, the Organisation is hereby authorised to engage a third party on the Customer’s behalf and on terms deemed fit by the Organisation.
  • The Customer agrees to indemnify the Organisation against any claims that may arise from such agreement against the Organisation.

 

  • 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 and the undamaged packaging of the goods. All guarantees are immediately null and void should any media be tampered with. Under no circumstances will the Organisation be liable for damaged arising goods arising from misuse or abuse of the goods.
  • Liability under Clause 7.1 is restricted to the cot of the 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 the Customer to return ant defective goods to the premises of the Organisation at his/her own cost.
  • Any item delivered to the Organisation will form the object of a pledge in favour of the Organisation for present and past debts.
  • Under no circumstance will the Organisation be liable for consequential damages.
  • No claim under this contract will arise unless the Customer has given the Organisation 30 days written notice by prepaid registered post to rectify any defect or breach of contract.
  • The Customer agrees to pay the amount on the invoices at the offices of the Organisation.
  • Cash on order
  • If the Customer is an Approved Customer, stipulated according to agreement after an invoice is issued by the Organisation.
  • The Customer is not entitled to withhold payment for any reason whatsoever and agreed that no extension of payment terms of any nature will be extended to the Customer and if any such extensi0n of any nature will be extended to the Customer, any such extension will not be applicable or enforceable or unless agreed to by V-Tel, reduced to writing and signed by Customer or duly authorized representative of V-Tel.
  • The Customer is not entitled to set of any amount due to the Customer by V-Tel or any claim against V-Tel.
  • All discounts will be forfeited if payment in full is not made on the due date.

 

  • The Customer has no right to withhold payment for any reason whatsoever.
  • The Customer is not entitled to set off any amount due to the Customer by the Organisation against this debt.
  • The Customer agrees that if any account is not settled in full
  • Against order or
  • Within the period agreed to according to Clause 10 above in any case of Approved Customers, the Organisation is
  • Entitled to immediately institute action against the Customer at the sole expense of the Customer, or
  • To cancel the agreement and take possession of any goods delivered to the Customer and claim damages.
  • The Customer agrees that the amount due and payable to the Organisation shall be determined and proven by certificate issued by the Organisation and signed on its behalf by any duly authorized person which authority need not to be proven. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
  • The Customer agrees that interest shall be payable on any monies due to the Organisation at the maximum legal interest rate prescribed in terms of the Usury Act, from the date they fall due. In case of late payment interest shall be calculated from the date of order.

 

  • In the event of cancellation, the Customer shall be liable to pay
  • The difference between the selling price and the goods at the time of repossession and
  • All other costs incurred in the repossession of the goods. The value of reposed goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be conclusive proof of the vale.
  • The Customer indemnifies the Organisation completely against any damage whatsoever relating to the removal of possessed goods.
  • 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 or dispose of any goods unpaid for without the prior written consent of the Organisation.

 

  • The Customer shall be liable to the Organisation for all legal expenses (including collection fees) on the attorney-and-client scale to attorney and counsel incurred
  • Any default by the Customer or
  • Any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred.
  • The Customer shall pay one thousand five hundred rand into court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer.
  • 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 Courts.
  • 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 and such indulgence shall not constitute a waiver by 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 this contract.
  • The Organisation shall have the right to institute any action in either the Magistrate’s Court or the Supreme Court as its sole discretion.
  • Any document will be deemed duly presented to the Customer within
  • 3 days of prepaid registered mail to any of the Customer’s business or postal addresses or to the personal address of any director, member’s or owner’s fax number, or
  • Within 24 hours of being faxed to any of the Customer’s fax numbers or any director’s, member’s or owner’s fax number, or
  • On being delivered by hand to the Customer or any director, member or owner of the Customer.

 

  • The Customer chooses domicilium citandi et executandi the business address or physical addresses of any director (in case of a company), member (in case of a close corporation) or of the owner(s) or partner(s).
  • The Customer agrees to the standard rated of the Organisation for any good or services rendered, which rates may be obtained on request.
  • The invalidity of any part of this contract will not be affect to validity of any other part.
  • 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 products, labour, power, materials or supplies, or by any reason of an act of God, war, civil, fire, flood, drought or legislation.
  • This contract becomes final and binding on receipt of the acceptance by the Organisation at its business address in Johannesburg.