Terms and General Conditions

Interpretation
 
In this agreement:
1. Clause headings are for convenience only and shall not be used in its interpretation unless the context clearly indicates a contrary intention;

2. The singular includes the plural and vice versa;

3. The following expressions shall bear the meaning assigned to them below and cognate expressions bear corresponding meanings:

- customer” – shall mean the person whose name appears on the Dealer or Credit application form next to the caption “Registered Name”, or if no such name appears thereon, or in any other circumstances, any person or persons on whose request or on whose behalf the supplier undertakes to supply any goods, do any business, or provide any service;

- goods” – shall mean the goods as indicated on any of the supplier’s forms, price lists, quotations, orders or invoices;

- signatory” – shall mean the individual who signs the Dealer or Credit application form on behalf of the customer;

- supplier” – shall mean Cable Applications.
These Terms and Conditions Prevail
1. It is recorded that the only basis that the supplier is prepared to do business with the customer is that, notwithstanding anything in the customer’s enquiry, specification, acceptance, order or other documentation or any other documentation or discussion/s to the contract, the terms and conditions contained herein as published on the website www.cables.co.za shall operate in respect of any and all business between the customer and the supplier.

2. All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the supplier is and shall be subject to the terms and conditions contained herein and each term and condition shall be deemed to be incorporated herein and to be a term and condition of any agreement between the supplier and customer.
No Variations or Amendments
1. This agreement constitutes the whole agreement between the parties and no variation or consensual cancellation thereof shall be binding unless reduced to writing and signed by both parties.

2. Subject to the provisions to clause 3.1, if there is any conflict between the provisions of this agreement and erstwhile customership agreements (if any) between the parties, the provisions of this agreement will prevail.

3. No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill or exchange or other document issued or executed pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by an authorized representative of the supplier. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.

4. No extension of time or waiver of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as estoppel against the supplier in respect of its rights under this agreement, nor shall it operate so as to preclude the supplier thereafter from exercising its rights strictly in accordance with this agreement.
5. No person other than a duly authorized representative of the supplier has any authority to delete, amend or in any respect vary any of these conditions or accept any other conditions or agree to a consensual cancellation thereof.

6. The supplier shall not be bound by any express, or implied terms, representation, warranty, promise or the like, not recorded herein, whether it induced the contract between the supplier and the customer or not.

Prices, Quotations and Stock availability
1. The price of goods sold and services rendered shall be the usual price as set out in the supplier’s price list at the relevant time.

2. The supplier may change the price of its goods and services from time to time without prior notice to the customer.

3. Though all quotations are valid for thirty (30) days from date of issue thereof, the supplier reserves the right to change any quotation at any time in the event of any increase in the cost price of goods, including currency fluctuations.

4. A quotation may be revoked at any time by the supplier.

5. The supplier may accept or reject in whole or in part any order placed upon it by the customer pursuant to the quotation. Accordingly, a contract shall only come into force between the supplier and the customer if after receipt by the supplier of the customer's order or acceptance of the quotation, the supplier confirms to the customer that such a contract has been concluded or if the supplier delivers, or tenders to deliver, the materials and goods.

6. All quotations are subject thereto that the necessary permits for the export/import of the goods are granted in time by the relevant authorities.

7. Any additional charges/duties imposed by the authorities prior to the date of invoicing, will be for the customer’s account.

8. All products and web based online products may vary in design, colour, or shape from time to time without prior notice to the customer. Information on the website is as diligent as possible in compiling and updating the technical information on its website. However, Cable Applications does not guarantee the correctness and completeness of the information provided on its website. Equally, Cable Applications does not guarantee that this information is up to date. For questions concerning our products, their specifications and their utilization please refer to the instruction manual and/or a qualified expert of Cable Applications 

9. Web based stock availability is not guaranteed, customers will be notified once the order is received.

Placing of Orders
1. The supplier will accept all written and verbal orders. The supplier will not be responsible for any errors or misunderstandings occasioned by the customers’ failure to place a written order.

2. If telephone orders are placed by the customer, the supplier may require such orders to be confirmed in writing by the customer, prior to acceptance thereof by the supplier.

3. An order may not be withdrawn until accepted or rejected by the supplier. Any such order shall upon acceptance thereof by the supplier be irrevocable by the customer.

4 The customer hereby confirms that the goods and services on the tax invoice duly represent the goods and services ordered by the customer at the prices agreed to by the customer and where performance/delivery has already taken place that the goods and services were inspected and that the customer is satisfied that these conform in all respects with the quality and quantity ordered and are free from any defects.
Price and Payment Terms
1. Unless otherwise expressly stated, prices are exclusive of value added tax which shall be for the account of the customer. The customer shall pay or reimburse to the supplier the amount of any value added tax simultaneously with the contract price.

2. Payment of all invoices is by cash on order, if there is NO credit period indicated or Credit application form approved.

3. The customer shall pay the amount on the tax invoice at the offices of the supplier. Payment is due immediately upon delivery of the goods or services, save for credit-approved customers, in which event payment of all invoices shall be made within 7 days, which period shall commence upon the issuing of a statement by the supplier OR within the time period as specified in the customer’s credit agreement.

4. Payment will be made by Electronic Funds Transfer (EFT), Credit Card or Cash. No Cheques will be accepted, save for credit-approved customers.

5. No discount is allowed unless otherwise agreed to in writing between the supplier and the customer.

6. The customer may not withhold or make any set offs from any payment due to the supplier in terms of this agreement for any reason whatsoever.

7. No extension for payment of any nature will be granted unless agreed to in writing by the supplier.

8. The supplier may suspend the delivery of any goods or services, including warranty services, to the customer should any amount due by the customer to the supplier remain unpaid.

9. All overdue amounts by credit-approved customers shall bear interest at the rate of 2% per month.

10. A certificate signed by a director or manager of the supplier reflecting the amount due and owing by the customer to the supplier, shall be prima facie proof of the amount due and owing for the purpose of any action (whether by way of provisional sentence summons or otherwise).

11. Acceptance of a negotiable instrument from a customer shall not be deemed to be a waiver of the supplier’s rights under this agreement. In relation to cheques furnished to the supplier, the customer waives its right to insist on notice of dishonour or protest being given to it in the event that the cheque is dishonoured.

12. All bank charges in respect of unpaid cheques will be for the account of the customer.

13. No settlement discount is allowed unless otherwise agreed to in writing between the supplier and the customer.

14. After the completion of the credit application by the customer, the supplier shall at its own discretion be entitled to:
- Make such enquiries as it may deem necessary to determine whether or not to grant the customer credit as applied for in the customer application, or on any other terms, or at all;

- Determine whether or not to grant the customer credit as applied for in the credit application; and

- inform the customer of the determination made.

- Until the determination is made by the supplier, any materials supplied by the supplier to the customer shall be supplied on a cash on order basis only.
Delivery
1. Any delivery note, be it the original or a copy thereof, signed by the customer and/or its authorized representative and /or its nominated agent, including all courier and freight companies shall beprima facie proof that delivery was made to the customer.

2. Should payment be effected by means of EFT (Electronic Funds Transfer), the supplier will only release the relevant purchased goods on the date that confirmation is received from the supplier's bank that the funds have cleared.

3. The customer shall be obliged to inspect all materials upon delivery and shall endorse the delivery note as to any missing or damaged materials. No claims for missing or damaged materials shall be valid unless the delivery note has been endorsed as aforesaid.

4. Complaints regarding damaged and/or missing goods will only be entertained by the supplier if made within 2 (two) business days of receipt of the goods to the offices of the supplier, which complaint must be accompanied by a copy of the delivery note endorsed as required in terms of paragraph 7.3.

5. The supplier reserves the right to charge a handling fee of up to 15% of the value of goods in the event that a customer cancels an order or the supplier accepts the return of unwanted goods. The supplier will only entertain such requests if made within 7 (seven) business days of receipt of the goods.

6. The supplier may engage third parties to transport all goods purchased by the customer to the delivery address as stipulated by the customer. The customer indemnifies the supplier from any claims of any nature whatsoever that might arise from this arrangement.

7. Should the customer arrange its own transportation, the customer indemnifies the supplier from any claims of any nature whatsoever that might arise from this arrangement.

8. The supplier does not guarantee that the goods will be dispatched or delivered on any particular date and time and the customer shall have no claim against the supplier in respect of any loss occasioned as a result of any reasonable delay in the dispatch or delivery of the goods in question, nor may the customer cancel any order as a result of such delay.

9. The supplier reserves the right to charge delivery charges.

10
. The delivery term "free delivery" where stated or advertised is only applicable to Gauteng.
Ownership and Risk
1. All risk in and to all goods sold by the supplier shall pass to the customer on delivery thereof.

2. Ownership in all goods sold and delivered shall remain vested in the supplier until the full purchase price in respect thereof has been paid by the customer.
Warranties
1. No warranties, and representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this agreement shall be binding on the supplier.

2. The supplier does not warrant that the goods delivered shall be fit for the purposes for which they are to be used by the customer. For the purposes hereof, any reference to the supplier shall include its servants, agents, contractors or any other persons for whose acts or omissions the supplier may be liable in law. This also constitutes a stipulation alteri in favor of such persons the benefits of which may be accepted by them at any time.

3. Goods may be warrantied under the manufacturer’s product specific warranties. The supplier shall however be under no liability in respect of parts, materials or equipment which are accepted in the industry to have a limited life expectancy or parts, materials or equipment, which need to be replaced at specified or published service intervals (“consumable parts”).

4. Any warranties that apply under the manufacturer’s product specific warranties shall immediately be null and void should any goods be tampered with or should any seal(s) on the goods be broken by anyone other than the supplier or its appointed nominee(s), or should the goods be operated outside the manufacturer’s specifications.

5. The supplier will only consider claims in respect of the goods referred to in paragraph 9.3 if the goods are returned to the offices of the supplier together with the original tax invoice, and a detailed fault report. All goods must be returned at the customers own cost.

6. The supplier shall not be responsible for any loss or damage howsoever caused to the property or person of the customer or any third party as a consequence of any defect in the goods, whether patent or latent, and the customer hereby indemnifies the supplier against such loss or damage.

7. All items will be tested to determine the validity of a warranty claim, and the testing procedure may take up to 48 hours.

8. Any item damaged due to power surges, brown outs, electro-static discharge or lightning will not be exchanged under warranty. No power supplies will be warrantied.

9. The supplier undertakes to replace such goods with goods of the same or similar specification. No refunds will be considered in respect of the return of damaged goods.

10. The supplier reserves the right to offset the value of any damaged goods accepted for return against any amount due by the customer to the supplier.
Breach
1. If the customer breaches any of the terms and conditions of this agreement and remain in breach for a period of 7 (seven) business days after receipt of a written notice from the supplier to rectify such breach or commit any act of insolvency or endeavour to compromise with its creditors or causes to be done anything which may prejudice the supplier’s rights hereunder, or allows any judgment against it to remain unsatisfied for a period of 7 (seven) business days or is placed under provisional of final liquidation or judicial management or under provisional or final sequestration or if his estate is voluntarily surrendered, the supplier shall have the right, without prejudice to any other right it may have against the customer, to immediately cancel this agreement and take repossession of any of the goods sold.

2. The supplier shall not be obliged to comply with its obligations hereunder in any respect whatsoever for so long as the customer is indebted to the supplier in any amount whatsoever in respect of any cause whatsoever or fails to comply with any other obligations to the supplier, whether arising out of this agreement or otherwise. In particular without limiting the generality of the aforegoing, if delivery of any particular order is to take place in stages, the supplier shall not be obliged to deliver any part of the order until the purchase price which is due in respect of the part of the order which has already been delivered, has been paid.

3. The customer hereby indemnifies the supplier against any and all damage of whatsoever nature including any damage caused by the removal of repossessed goods and/or materials from the premises of the customer.

4. The supplier shall have the right to institute action in either the relevant Magistrate’s Court or the High Court at its sole discretion, notwithstanding the fact that the amount in question may exceed the jurisdiction of the Magistrate’s Court.

5. In the event of the supplier taking legal action to enforce its rights in terms of this agreement, the customer will be liable for all legal costs on and attorney and own client scale, including collection commission and tracing costs.

Domicilium and Notices
1. The parties choose domicilium citandi et executandi for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this agreement at their respective physical addresses as set out in the signed Dealer or Credit application form.

2. Each party shall be entitled, by written notice to the other party, to change its domiclium to any other address with is not a post office box or a poste restante.

3. Any notice given and any payment made by any party to the other, shall be in writing and if:
- Delivered by hand during the normal business hours to the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received at the time of delivery;

- Posted by prepaid registered post to the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting.

- Faxed to any of the customer’s fax numbers or any director , member or owner’s fax numbers shall be presumed, until the contrary is proved by the addressee, to have been received within 24 (twenty four) hours of being faxed.
No Cession
1. The customer shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this agreement to a third party.

2. The supplier shall in its sole discretion be entitled to cede all or any of its rights in terms of this agreement to any third party without prior notice to the customer.
Consequential Loss
Under no circumstances whatsoever, including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law it may be liable, shall the supplier be liable for any consequential loss sustained by the customer. This also constitutes a stipulatio alteriin favour of such persons the benefits of which may accepted by them at any time.
Force Majeure
Any transaction is subject to cancellation by the supplier due to force majeure from any cause beyond the control of the supplier, including without restricting the generality of the aforegoing, inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbances, riot, state of emergency, strike, lockout or other labour disputes, fire, flood, drought or legislation.
General
The customer undertakes to inform the supplier within 7 (seven) business days of any change of address or change in member, director, shareholder, address or any of the other information set out in this agreement.
Severability
Each paragraph or clause in this agreement is severable the one from the other and if any paragraph or clause is found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining paragraphs or clauses shall be full force and effect and continue to be of full force and effect.