.: KAB Technologies :. Terms & Conditions

. KAB TECH - Terms & Conditions

The Customer agrees that (a) this contract read in conjunction with the terms and conditions found on the reverse side of the dealer application form, should this be applicable, represents the entire agreement between the Customer and Kab Technologies cc (hereinafter called the ‘Organisation') and that no alterations or additions to the contract may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorized representative of the organization; (b) that this agreement will govern all future contractual relationships between the parties; and (c) is applicable to all existing debts between the parties and (d) this contract is final and binding and is not subject to any suspensive or dissolutive conditions.

The Customer hereby acknowledges that he/she has read and understood each term of this agreement and accepts them as binding.

The Customer warrants that the signatory on the face hereof has been duly authorized to contract on its behalf.

The signatory binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to the Organisation and agrees that these Standard Conditions will apply mutatis mutandis to him/her.

5.1

The Customer acknowledges that no representations were made by the Organisation in regard to the goods or services or any of its qualities leading up to the contract.

5.2

The Customer agrees that neither the Organisation nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.

6.1

All quotes will remain valid for a period of 14 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.

6.3

Any delivery note (copy or original) signed by the Customer and held by the Organisation shall be conclusive proof that the delivery was made to the Customer.

6.4

All orders, whether oral or in writing, will be binding and subject to these standard conditions of agreement and may not be cancelled.

6.5

The Organisation shall be entitled in its sole discretion to split the delivery of the goods ordered in the quantities and on the dates it decides.

6.6

The Organisation shall be entitled to invoice each delivery actually made separately.

6.7

The risk of damage to or destruction of goods passes the Customer on conclusion of the agreement of sale.

6.8

In the case of repairs undertaken by the Organisation, repair times given are merely estimates and are not binding on the Organisation.

6.9

All goods taken on an approval basis by the Customer deemed sold if not returned within 14 days of issue. All goods taken on a consignment basis by the Customer is deemed sold if not returned within 30 days of issue.

6.10

If the Organisation agrees to engage a third party to transport the goods, the Organisation is hereby authorized to engage a third party on the Customer's behalf and on the terms and conditions deemed fit by the Organisation.

6.11

The Customer agrees to indemnify the Organisation against any claims that may arise from such agreement against the Organisation.

6.12

Goods may be returned only with the prior consent and at the sole discretion of the Organisation. All returns will be subject to a 10% penalty on the selling price. Any price fluctuations will be charged for at Management's discretion.

7.1

In the event of goods being 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 equipment be tampered with or should the seals on equipment be broken by anyone other that the Organisation. Under no circumstances will the Organisation be liable for damage arising from misuse or abuse of the goods.

7.2

Liability under clause 7.1 is restricted to the cost or 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 any defective goods to the premises of the Organisation at the Customer's own expense.

7.3

Any item delivered to the organization will form the object of a pledge in favour of the Organisation for present and past debts.

Under no circumstances 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 and defect or breach of contract.

10.

The Customer agrees to pay the amount on the invoice at the offices of the Organisation (a) cash on order; or (b) if the Customer is an Approved Customer/Dealer within the agreed credit period after an invoice is issued y the Organisation.

11.1

The Customer has no right to withhold payment for any reason whatsoever.

11.2

The Customer is not entitled to set off any amount due to the Customer by the Organisation against this debt.

11.3

The Customer hereby agrees that any item handed in for repair may be sold by the Organisation to defray the cost of such repairs if the item remains uncollected within 30 days of the repair being completed.

12.

The Customer agrees that if an amount is not settled in full (a) against order; (b) within the period agreed to according to clause 10 above in the case of Approved Customers/Dealers; the Organisation is: (i) entitled to immediately institute action against the Customer at the sole expense of the Customer; (ii) to cancel the agreement and take possession of any goods delivered to the Customer and claim damages.

13.

The Customer agrees that the amount due and payable to the Organisation shall be determined and proven by a certificate issued by the Organisation and signed on its behalf by any duly authorized person, which authority need not be proven. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.

14.

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 the case of late payment interest shall be calculated from the date of order.

15.1

In the event of cancellation, the Customer shall be liable to pay (a) the difference between the selling p rice and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of repossessed 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 value.

15.2

The Customer indemnifies the Organisation completely against any damage whatsoever relating to the removal of repossessed goods.

16.

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.

17.1

The Customer shall be liable to the Organisation for all legal expenses (including collection fees) on the attorney-and-client scale of an attorney and counsel incurred by the Organisation in the event of a(a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection of valuation fees incurred.

17.2

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.

18.

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 his rights herein. Under no circumstances will the Organisation be stopped from exercising any of its rights in terms of this contract.

19.

The Organisation shall have the right to institute any action in either the Magistrate's Court or the Supreme Court at its sole discretion.

20.1

Any document will be deemed duly presented the Customer within (i) 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 or owner of the Customer; (ii) within 24 hours of being faxed to any of the Customer's fax numbers of any director, member's or owner's fax numbers; or (iii) on being delivered by hand to the Customers or any director, member or owner of the Customer.

20.2

The Customer chooses as its Domicilium Citandi et Executandi the following: the business address or the physical address of any director (in the case of a company), member (in case of close corporations) or of the owner(s) or partner(s).

21.

20.2

21.

The Customer agrees to the standard rates of the Organisation for any goods or services rendered, which rates may be obtained on request.

22.

The invalidity of any part of this contract will not affect the validity of any other part.

23.

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 labour, power, materials or supplies or by reason of an act of God, war civil disturbances, riot, state of emergence, strike, lockout, or other labour disputes, fire, flood, drought or legislation.

24.

This contract becomes final and binding on receipt of the acceptance by the Organisation at its business address in Cape Town.

25.

I/We, hereby irrevocably cede, assign and transfer, make over unto and in favour of the Seller all the Buyer's right title and interest in and to its claims against its debtors, both present and future and from whatsoever cause arising, as security for all or any of the amount which the Buyer may now or at any time in the future owe to the Seller.
I/We and/or the Buyer irrevocably an din rem suam authorizes the Seller in its absolute discretion to claim from all or any of its debtors the whole or any portion of the indebtedness of any one or more of them, to give a valid receipt of discharge for such indebtedness, to take any action in its name in any Court of competent jurisdiction and to proceed in execution there under against all or any of the said debtors, to cede, transfer, negotiate, pledge or otherwise deal with all or any of the said debtors, to exchange promissory notes, cheques, agreements, documents of title or any other security held by the Buyer.
The security created by the cession shall be a continuing one, notwithstanding any fluctuation in the amount of indebtedness of the Buyer to the Seller.
The Buyer hereby undertakes on demand, to furnish the Seller with such information concerning its debtors as may be reasonably required, to enable the Seller to give.