TERMS AND CONDITIONS OF SALE
entered into by and between
BESTECH (PTY) LTD, registration no: 1954/002411/07
The CUSTOMER as more fully described in the title pages to which these TERMS & CONDITIONS are attached
TERMS AND CONDITIONS
1.1 The CUSTOMER will from time to time place orders telephonically with Bestech or forward its purchase orders to BESTECH.
1.2 The CUSTOMER agrees that the products supplied by BESTECH to the CUSTOMER are supplied subject to these TERMS & CONDITIONS.
PAYMENT AND BREACH BY CUSTOMER
2.1 The purchase price for the products supplied to the CUSTOMER will be payable as indicated in the title pages attached to these TERMS & CONDITIONS.
2.2 Should the CUSTOMER fail to make any payment as indicated in clause 2.1, or be in breach of any other provision of these TERMS & CONDITIONS, BESTECH will afford the CUSTOMER 5 (five) business days’ written notice to remedy its breach of these TERMS & CONDITIONS.
2.3 Should the CUSTOMER fail to make payment or remedy the breach within the notice period, BESTECH will be entitled to:
2.3.1 Claim all and any outstanding amounts due by the CUSTOMER as well as any damages incurred by BESTECH, or
2.3.2 Cancel the sale agreement between BESTECH and the CUSTOMER and:
2.3.3 Claim actual damages incurred, alternatively, retain all payments already made by the CUSTOMER as pre-estimated liquidated damages.
2.3.4 Besides the remedies afforded to BESTECH in terms of this clause, BESTECH will also be entitled to charge on any overdue amounts payable by the CUSTOMER interest at a rate 3% per annum above the prime overdraft rate charged by BESTECH’s bankers to BESTECH.
BREACH BY BESTECH
3.1 Should BESTECH be in breach of any provisions of these TERMS & CONDITIONS, the CUSTOMER will afford BESTECH 5 (five) business days’ written notice to remedy such a breach.
3.2 If BESTECH does not remedy its breach within the notice period afforded in terms of clause 3.1, the CUSTOMER will be entitled to claim specific performance or cancel and claim damages.
4. Should any party incur legal costs to enforce these TERMS & CONDITIONS, the party in breach will be liable for all such legal costs on the attorney and own client scale.
“WARRANTY BY BESTECH”
5.1 Should the product, or any part thereof, under normal use and conditions, be proven defective, due to material or workmanship within 12 (twelve) months of the date on which the product is installed, such defects will be repaired;
5.2 Alternatively, the product may be replaced by BESTECH in its sole discretion;
5.2 Requirements for claims under the warranty:
5.2.1 The end user/consumer is required to take the vehicle to the fitment centre which installed the product or to a fitment centre recommended by Bestech;
5.2.2 In all cases Bestech is to be notified of the claim BEFORE the product is removed from the vehicle;
5.2.3 Removal is to be authorised by Bestech;
5.2.3 Once removed, the product is to be returned to Bestech, with copies of the warranty, the relevant invoice and a specification of the defects with transportation prepaid, to Bestech,154 Edison Crescent, Hennopspark, Centurion.
5.3 This warranty does not cover the costs incurred for removal, reinstallation of the product, or damage to the vehicle.
5.4 This warranty does not apply to any product or part thereof which, in the opinion of BESTECH, has been damaged through alteration of the product, poor, faulty or incorrect installation, mishandling, misuse, neglect or accident.
5.5 The CUSTOMER undertakes at all times to ensure that:
5.5.1 The products supplied by BESTECH are installed by a BESTECH Approved Installer.
5.5.2 The highest standard of installation is maintained.
5.5.3 Each installation is checked by a qualified supervisor and that the vehicle in which the product is installed, is delivered only if the product system functions 100% as intended.
5.5.4 The Customer may request Bestech to check the installation prior to delivery to the end user/consumer.
6. Installations may only be done by Installers approved by Bestech which may involve training specified by Bestech.
7. BESTECH will not be liable for any damage or loss suffered by the CUSTOMER and / or end user/consumer as a result of incorrect installation and the CUSTOMER indemnifies BESTECH against any claims by an end user/ consumer in this regard.
8. The CUSTOMER undertakes to within 72 (seventy two) hours (or such period agreed with BESTECH) after receiving the products, ordered from BESTECH, to report any defects or shortages in the product received from BESTECH.
9. The CUSTOMER hereby consents to the jurisdiction of the Magistrates’ Court having jurisdiction over the person in respect of all legal proceedings connected to this these TERMS & CONDITIONS notwithstanding that the value of the matter in dispute might exceed the jurisdiction of a Magistrates’ Court. Notwithstanding the above, the parties are entitled to institute action in the High Court having jurisdiction.
10. It is expressly agreed by the parties that the delivery of the products to the premises of the CUSTOMER, as indicated in the title pages, will be for the cost of BESTECH. Any risk with regard to the products will pass on to the CUSTOMER upon signing BESTECH’s delivery note or the courier company’s delivery note/waybill. Products will be deemed delivered to the CUSTOMER upon signing BESTECH’s delivery note or the courier company’s delivery note/waybill.
11. Ownership in the products will remain with BESTECH until the full purchase price payable as consideration for the products, has been paid by the CUSTOMER.
12. These TERMS & CONDITIONS shall constitute the entire Agreement between BESTECH and the CUSTOMER and no relaxation, extension of time, latitude or indulgence by the BESTECH shall constitute a waiver by the BESTECH of BESTECH’S rights in terms of these TERMS & CONDITIONS.
13. Any alteration or amendments shall only be of force if reduced to writing and signed by BESTECH and the CUSTOMER.
14. Each Party chooses its domicilium citandi et executandi for all purposes relating to these TERMS & CONDITIONS as indicated in the title pages attached hereto and shall be entitled in its discretion to give any notice and to serve any process by hand, facsimile transmission and/or email to the mentioned domicilium:
15. Hand delivery will be deemed received by the addressee on the day of delivery if delivered at the domicilium of the addressee;
16. Emails will be deemed received on date as indicated on delivery report.
17. The CUSTOMER agrees to the following:
17.1 BESTECH may make reasonable enquiries to any third party to verify the details provided by the CUSTOMER, on the credit application included in the title pages attached hereto;
17.2 BESTECH is entitled to do credit checks on the CUSTOMER;
17.3 BESTECH is entitled to disclose any details pertaining to the CUSTOMER’S account with BESTECH to any credit bureau or credit provider.
SIGNATORIES & SURETYSHIP
18. The persons signing these TERMS & CONDITIONS on behalf of the CUSTOMER warrant that they are duly authorised to sign on behalf of the CUSTOMER.
18.1 The signatories on behalf of the CUSTOMER herewith bind themselves jointly and severally as Surety and Co-Principal debtor with the CUSTOMER in favour of BESTECH, for due performance by the CUSTOMER of all its obligations to BESTECH. The signatories undertake to sign the deed of suretyship attached to these TERMS & CONDITIONS.
18.2 BESTECH may at any time initiate a product recall if BESTECH decides in its sole discretion that the product does not conform to safety standards applicable from time to time, or if it may otherwise cause safety or health issues.
18.3 The CUSTOMER undertakes to inform BESTECH should it become aware of any of the circumstances referred to in clause 18.1 above.
18.3 In the event that BESTECH decides to implement a recall, it will afford the CUSTOMER 15 business days’ notice of the date on which the recalled products will be collected.
18.4 The CUSTOMER will be obliged to return all recalled products to BESTECH which shall be collected by BESTECH from the CUSTOMER’S premises with a credit note to the CUSTOMER in respect thereof.
18.5 The CUSTOMER shall remove any trade names or own brands of the CUSTOMER on the product so returned, if applicable.
18.6 The CUSTOMER undertakes to keep a record of the contact details of each end user/consumer purchasing a Bestech product.