These terms and conditions govern the sale of Products ("Product or Products") and provisions of services ("Services") by Aloe4 ("the Seller") as well as by third party vendors and/or service providers of the Seller. The Buyer's acceptance of the Products and/or Services from the Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
1. Orders
All orders placed by the Buyer are subject to acceptance by the Seller. Orders may not be cancelled or rescheduled without the Seller's written consent. All orders must identify the products, unit quantities, product codes and applicable prices of the Products being purchased. The Seller may in its sole discretion allocate Products among its Customers.
2. Prices
The prices of the Products are those prices specified on the invoice. Placement of an order, even if accepted by the Seller, will not be enforceable if a reasonable error has been made by the Seller in terms of quoted prices.
3. Taxes
Unless otherwise agreed to in writing by the Seller, all prices quoted are inclusive of VAT and exclusive of delivery charges as stated on the invoice. Stated delivery charges are for delivery of the Products to a local Post Office near the Buyer, anywhare in the Republic of South Africa.
4. Payment
Payment may be made by credit card or electronic funds transfer. Where the Seller has extended credit to the Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction. On any past due invoice, the Seller may impose interest at the rate of one and a half percent (1.5%) per month. If the Buyer fails to make each payment when it is due, the Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which the Seller has extended credit to the Buyer. In the event of default by the Buyer, the Seller shall be entitled to costs, fees and expenses, including but not limited to recovery of attorney fees, court costs and fees and collections costs.
5. Delivery and Title
All deliveries will be made "ex works" place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. The Seller's delivery dates are estimates only and the Seller is not liable for delays in delivery or for failure to perform due to causes beyond the Seller's reasonable control, nor shall the carrier be deemed an agent of the the Seller. A delayed delivery of any part of an Order does not entitle the Buyer to cancel other deliveries.
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6. Acceptance
Shipments will be deemed to have been accepted by the Buyer upon delivery of the said shipments to the Buyer.
7. Limited Warranty
The Seller will transfer to the Buyer any Product warranties and indemnities authorised by the manufacturer. If the Seller breaches this warranty, the Buyer's remedy is limited to (at the Seller's election) a) refund of the Buyer's purchase price for such Products (without interest), b) repair of such Products, or c) replacement of such Products; provided that such Products must be returned to the Seller in its orginal packaging, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Product has been subject to misuse, neglect, accident or modification.
Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. In particular, the Seller makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose, non-infringement of third party rights and warranties against latent defects.
8. Limitation of Liabilities
The Buyer indemnifies, defends and holds the Seller harmless from any claims based on the products, its contents, quality, defects (latent or otherwise), safety, consumption, application or use thereof. This indemnity covers the Seller, the Seller's employees, the Seller's agents through acts and/or ommissions of whatsoever nature, whether negligent, intentional or otherwise.The Buyer's recovery from the Seller for any claim shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise.
9. Force Majeure
The Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond the Seller's reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labour, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing the Seller from performance and barring remedies for non-performance.
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10. Technical Assistance or Advice
If technical assistance or advice are offered or given to the Buyer, such assistance or advice is given free of charge and only as an accommodation to the Buyer. The Seller shall not be held liable for the content or the Buyer's use of such technical assistance or advice nor shall any statement made by any of the Seller's representatives in connection with the Products or Services constitute a representation or warranty, express or implied.
11. General
The laws of the Republic of South Africa will exclusively govern any dispute between the Seller and the Buyer.
12. Complete agreement
This Agreement, encompasses the entire agreement of the parties and supersedes all previous understandings and agreements between the parties, whether oral or written. The parties hereby acknowledge and represent that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. The parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of a partys reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said partys right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to the execution of this Agreement.
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Standard Terms and Conditions of Sale