TERMS AND CONDITIONS OF SALE
Effective Date: [Insert Date]
Company Name: [Your Company Name]
Registered Address: [Your Company Address]
Company Registration Number: [Your Company Registration Number]
VAT Number: [Your VAT Number]
These Terms and Conditions govern the sale of products by [Your Company Name] (“Seller”) to the buyer (“Buyer”) and are applicable to all transactions unless otherwise agreed upon in writing by the parties. By placing an order with the Seller, the Buyer agrees to be bound by these Terms and Conditions.
1. Acceptance of Terms
By accepting the Seller’s quote, placing an order, or receiving goods from the Seller, the Buyer agrees to be bound by these Terms and Conditions. Any changes to these Terms and Conditions must be agreed to in writing by both parties.
2. Payment Terms
- Payment Due Date: The Buyer agrees to pay for the goods within 30 days from the invoice date, unless otherwise agreed upon in writing.
- Late Payments: Any payment not received within 30 days of the invoice date will be considered overdue. The Seller reserves the right to charge interest on overdue amounts at a rate of [Specify Interest Rate]% per annum from the due date until payment is received in full.
- Payment Method: Payments must be made by electronic funds transfer (EFT) or other methods as agreed upon by both parties.
- Bank Details:
[Insert Bank Name]
Account Name: [Insert Account Name]
Account Number: [Insert Account Number]
Branch Code: [Insert Branch Code]
Reference: [Insert Reference]
3. Delivery
- Delivery Terms: Delivery is subject to availability and may be affected by factors beyond the Seller’s control. Delivery charges will be added to the invoice unless otherwise agreed.
- Delivery Time: The Seller will make every reasonable effort to deliver the goods within the agreed time frame. However, the Seller shall not be liable for any delays in delivery caused by factors outside of the Seller’s control.
- Risk: Risk of loss or damage to goods passes to the Buyer upon delivery to the Buyer’s premises or the Buyer’s nominated address.
4. Title to Goods
Ownership of the goods remains with the Seller until payment in full has been received. Until payment is made, the Buyer holds the goods as a fiduciary agent for the Seller and agrees not to sell or transfer ownership of the goods to any third party without the Seller’s prior written consent.
5. Returns and Refunds
- Returns Policy: Goods may only be returned if they are defective or damaged upon delivery. The Buyer must notify the Seller within 7 days of receiving the goods if there is an issue with the product.
- Refunds: Refunds will be issued in accordance with the Seller’s return policy and only if the goods are returned in a condition suitable for resale, unless otherwise agreed upon.
6. Pricing
- Prices: All prices are quoted excluding VAT unless otherwise specified. The Seller reserves the right to change the prices without notice. Prices are valid for the duration of the specified period in the Seller’s quote or as agreed in writing.
- VAT: All prices are subject to South African Value-Added Tax (VAT), which will be added to the invoice at the prevailing rate.
7. Warranties and Liability
- Warranties: The Seller warrants that the goods will be of satisfactory quality and will conform to the specifications agreed upon at the time of sale. This warranty does not cover damage caused by misuse, mishandling, or improper storage of the goods by the Buyer.
- Limitation of Liability: The Seller’s liability for any claim arising out of the sale of goods shall be limited to the value of the goods supplied under the relevant order. The Seller shall not be liable for any indirect, special, or consequential loss.
8. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the course of the transaction. Neither party will disclose such information to any third party without the prior written consent of the other party, except where required by law.
9. Force Majeure
Neither party shall be held liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is due to circumstances beyond the reasonable control of the affected party, including, but not limited to, natural disasters, war, strikes, or acts of government.
10. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising under these Terms and Conditions shall be resolved in the courts of South Africa.
11. Amendments
The Seller reserves the right to amend or update these Terms and Conditions at any time. Any amendments will be communicated to the Buyer, and continued use of the Seller’s services or products will be deemed as acceptance of the new Terms and Conditions.
12. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
13. Indemnity
The Buyer agrees to indemnify and hold the Seller harmless from any and all claims, losses, damages, and expenses (including legal fees) arising from the Buyer’s breach of these Terms and Conditions or use of the goods supplied.
By placing an order, the Buyer acknowledges that they have read, understood, and agreed to the above Terms and Conditions.
For any inquiries or to request further details, please contact us at:
[Your Company Name]
Phone Number: [Insert Contact Number]
Email Address: [Insert Email Address]
Please consult with a legal advisor to tailor these terms to your business specifics, ensuring compliance with South African laws.