Terms and conditions of sale & supply
The terms and conditions herein contained shall apply to all transactions concluded between Butchery Solutions (Pty) Ltd (“Butchery Solutions”) and the Purchaser, unless varied or amended in writing and these conditions will take precedence over any terms, conditions or stipulations contained in or referred to in any of the Purchaser’s documentation which may be in conflict therewith.
- All products are sold according to standard specifications which are available on request and all orders are processed subject to these conditions of sale, unless specifically otherwise agreed to in writing. Any recommendations or advice is offered in good faith.
- Subject to section 51(1)(g) of the Consumer Protection Act, it is the sole responsibility of the Purchaser for checking of products as to identity, quality and specification and to determine that the products ordered are suitable for the purpose for which it was purchased. Butchery Solutions gives no warranty, whether express or implied, concerning the quality and suitability of the products supplied.
- The Purchaser must immediately upon receipt of the products, notify Butchery Solutions in writing should the products received not correspond with the delivery note or tax invoice or should it be damaged in any way.
- Butchery Solutions must be informed in writing within 7 days of delivery, in the event of defective products, failing to comply with the supplier’s specification. Butchery Solutions’s responsibility shall be limited to replacement of the products only. No liability for consequential or indirect loss or damage is accepted by Butchery Solutions.
- The Purchaser shall return any defective products in its original packaging or if not possible, any other suitable packaging while keeping traceability intact such as batch numbers, etc., to Butchery Solutions. If Butchery Solutions agrees to accept the return of any products, subject to any damages suffered, the purchase price will be repaid or where applicable be set-off against other amounts due by the Purchaser.
- Ownership in the products sold and delivered to the Purchaser shall pass to the Purchaser only once all amounts due by the Purchaser to Butchery Solutions has been settled, notwithstanding delivery of the product to the Purchaser. Risk in and to the products shall however pass to the Purchaser on delivery thereof to the Purchaser or its agent.
- A delivery note or tax invoice signed by the Purchaser or its agent or representative shall constitute prima facie proof of delivery to and receipt by the Purchaser of the products in good condition.
- Payment of the amount owing on an account with Butchery Solutions is to be made within the terms granted. Interest on any overdue accounts shall be charged from the due date at the maximum legal interest rate applicable.
- In the event of Butchery Solutions having to take legal action against the Purchaser in order to recover any amount due by the Purchaser, the Purchaser agrees to pay all costs occasioned by and incidental to such legal action on the scale as between attorney and own client, including collection commission and tracing charges.
- The Purchaser consents to the jurisdiction of the Magistrate’s Court in terms of section 45 of the Magistrates Court Act, Act 32 of 1944, as amended, having jurisdiction in terms of section 28 of the said Act, notwithstanding the fact that the claim or dispute may exceed the normal jurisdiction of the said court. Butchery Solutions may, in its own discretion, institute legal action in any other court of competent jurisdiction.
- The Purchaser nominates as its domicilium citandi et executandi the physical address provided in this credit application for service upon it of all notices and processes in connection with this credit application and its implementation and all transactions emanating from it.
- All orders will be subject to cancellation by Butchery Solutions due to any cause beyond its control, including, but not limited to, inability to secure labour or electricity or supplies, or by reason of vis major, riot, war, civil disobedience, state of emergency, strike, lock-out or labour disputes, fire, flood, drought or legislation.
- Butchery Solutions shall not be liable under any circumstances whatsoever for any damages, including indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the Purchaser may suffer as a result of cancellation of or delay in delivery of any products.
- A certificate issued by Butchery Solutions under signature of any director or manager, whose appointment need not be proved, as to the amount of the Purchaser’s and any surety’s indebtedness to Butchery Solutions, whether such amount is payable and the amount of interest payable thereon, shall be sufficient and satisfactory proof of the facts stated therein for the purpose of all legal proceedings against the Purchaser for the recovery of any outstanding amount.
- The Purchaser agrees and acknowledges that in the event of the Purchaser:
- 1. breaching any provision contained in these terms and conditions;
- 2. failing to pay any amount due and payable on the due date;
- 3. having any civil judgement taken or entered against it;
- 4. passing away (in case of a natural person);
- 5. being sequestrated or liquidated or being placed under business rescue,
then Butchery Solutions shall be entitled to summarily cancel the further sale of products to the Purchaser or to claim specific performance of the Purchaser’s obligations whether or not such obligations would otherwise have fallen due for performance, in either event without prejudice to Butchery Solutions’s right to claim damages or any rights it may have in law.
- In the event of any change in the ownership or control of the Purchaser (change of owner(s), director(s), member(s) or trustee(s)) the Purchaser shall immediately notify Butchery Solutions thereof in writing to enable Butchery Solutions to assess any possible impact of such change upon its security. Upon failure to do so, the Purchaser shall remain responsible for all products ordered in the name of the Purchaser until such time as the Purchaser gives Butchery Solutions written notice of the change as set out above. Nothing contained in this paragraph shall however prohibit Butchery Solutions from recovering any due amounts from the Purchaser.
- No relaxation or indulgence granted to the Purchaser by Butchery Solutions, shall be deemed to be a waiver of any of Butchery Solutions’s rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of the terms and conditions set out herein, or create any estoppel against Butchery Solutions. Any agreement purporting to vary or novate the terms of this agreement, or any consensual cancellation, shall not be valid unless reduced to writing and signed by the Purchaser and Butchery Solutions.
- The duration of any credit facilities to be allowed by Butchery Solutions shall at all times be in sole discretion and the Purchaser acknowledges that credit facilities may be withdrawn at any time without prior notice.
- Upon approval of the credit application, Butchery Solutions may require additional security to be provided by the Purchaser prior to any purchase on credit, which additional security shall be one or more of the following:
- 1. a bank guarantee(s);
- 2. suretyships(s) by other persons or entities;
- 3. registration of a notarial bond or notarial bonds over moveable assets of the Purchaser;
- 4. cession of book debts, investments or other securities.
PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013 (POPIA) NOTICE
- To ensure the Purchaser understands how and for what purpose Butchery Solutions process its information, these Terms and Conditions must be read in conjunction with Butchery Solutions’s Privacy Notice available at privacy-policy.
- The rights and obligations of the parties under these Terms & Conditions will be binding on, and will be of benefit to, each of the parties’ successors in title and/or assigns where applicable, i.e. in the case of a sale or transfer of business by the Purchaser to another.