Credit Checks
/or agents to conduct credit enquiries relating to the buyer by accessing any credit bureau database, to submit reports to any credit bureau as to the manner in which the buyer has performed in meeting its payment obligations in terms of this agreement. In the event that the buyer fails to meet its obligation in terms of payment with ON TAP in terms of this agreement, to notify and record the buyers non-performance with any credit bureau and to record the consent of the buyer that any and/or all information disclosed to ON TAP to any credit bureau, in respect of the buyer, may be assessed by other institutions and used by them in making risk management decisions.Limitation of Liability
The company shall under no circumstances be held liable to the buyer or to any other persons for any loss or damage, whether direct or consequential arising from the use of such goods or materials or any other portion thereon or from any alleged defects in them where the company has not acted grossly negligent or reckless.
Any advice or assistance given whether concerning suitability, method of application, technical recommendations, plant or equipment recommendations or any other recommendations whatsoever relating to the product is given in good faith, but without obligation and subject specifically to the exclusion of any liability whatsoever on the part of the company or its staff, for damages whether direct or consequential or otherwise howsoever. All data, statements and recommendations made are based upon the information believed to be reliable, but are made without representation or guarantee or warranty of accuracy. Company goods are sold on the condition that the buyer will examine the goods in relation to recommendations and the uses to which the goods are to be put, in order to assess their suitability before being used. We rely on the accuracy of the information given to us by the buyer and cannot be held liable for any loss or damage arising from the information provided.
The supply of any goods shall be limited to a refund of the purchase price of the goods. Without limiting the generality of the aforegoing, in no event shall ON TAP be liable for any incidental or consequential damages including but not limited to loss of profits, loss of sale, expenses incurred in anticipation of ON TAPs performance or lost production, whether suffered by the buyer or a third party.
ON TAP shall in any event have no liability of any nature whatsoever arising out of or in connection with any defect in any goods unless;
- The buyer, within 7 days of delivery of goods has called upon ON TAP in writing to rectify the defect, affording ON TAP a period of not less than 30 days to do so,
- No persons not authorised by ON TAP has altered, modified or attempted to repair the goods,
- The goods have only been used for which they were intended or designed for,
- The buyer shall return the goods to ON TAP at his or her own cost in the original packaging within 90 days from date of delivery, provided that ON TAP shall be entitled to charge a reasonable handling fee of 15% of the total amount of the invoice relating to the goods.
Pricing Policy
The prices at which the goods are sold are at our prevailing price list as at the date of delivery unless otherwise expressly agreed between the parties in writing. Unit prices are understood to include VAT. Packaging and delivery costs shall be borne by the buyer
Non-standard orders
In the case of special orders, the product sold shall not be returned if ON TAP was not grossly negligent or reckless, and shall be paid for in full prior to the company placing the order on the supplier. On Tap will not accept any cancellation of orders for NON-STANDARD items without prior authorisation from the supplier.
Passing of Risk
Unless otherwise agreed by the parties in writing, the risk in all goods sold shall pass to the buyer upon delivery of the goods to the buyer or to any carrier of such goods where such carrier is the agent or nominee of the buyer.
Delivery
Delivery of goods shall be deemed to have been effected;
- In the case of goods dispatched by rail, ship or road carrier, upon consignment to the consignee;
- In the case of products conveyed by the buyer’s own mode of transport, upon handing over of such goods to the buyer or to his duly appointed agent;
- Notwithstanding the contents of the paragraphs, time shall not be of the essence in respect of the delivery of the goods, and ON TAP does not guarantee delivery of goods on any specific date where such lack of performance is due to circumstances beyond the control of ON TAP.
- ON TAP shall be entitled, in its sole discretion, to suspend delivery of goods as long as the buyer is in default with any payment due in respect of the goods or previously delivered goods to the buyer.
Ownership
Ownership of all goods shall remain vested in the company until paid for by the buyer in full.
Return of Goods
A 15% handling fee may be levied on ALL RETURNS of correctly supplied non-defective goods, which returns must be submitted within 7 days of delivery together with proof of purchase, in the original packing and re-saleable.
The buyer shall not claim a refund or remedy and accepts full responsibility should the goods be damaged due to misuse, abuse, or gross negligence on his or her part. The buyer further accepts that these foregoing factors will vitiate his or her warrantee and/ or guarantee
The buyer however accepts that should the goods have a defect, failure or hazard, the buyer will immediately inform the supplier and promptly claim his or her refund/ remedy/ repairs. Pertaining to the fact that the supplier/manufacturer has provided warnings and safety instructions in advance, the buyer accepts that when handling the goods, the buyer must comply with these instructions.
The Warranty Period to repair/replace any defective or damaged goods is 6 Months, unless as prescribed by the supplier. This does not apply to ordinary wear and tear
Payment of Account Holders
Payment terms on accounts are strictly 30 (thirty) days nett computed from date of statement unless agreed upon by the parties in writing. Notwithstanding the aforegoing, payment within the said period shall not entitle the buyer to any discount on the purchase price.
Non payment of any amount owing by the buyer shall nullify any concessions which might have been agreed upon between the company and the buyer, and the buyer in that event, will be liable for the company’s full price as reflected on the invoice.
The company reserves the right to charge interest in accordance with the Prescribed Rate of Interest Act 55/1975 as amended by the Prescribed Rate of Interest Amended Act 7/1997, alternatively the maximum interest rate applicable from time to time in terms of the National Credit Act 34 of 2005, if applicable.
No latitude or extension of time which may be allowed by the supplier to the applicant in respect of any payment provided for herein, or any matter or thing which the applicant is bound to perform or observe in terms hereof, shall under any circumstances be deemed to be a waiver of the suppliers rights, or any election in respect of rights or create an estoppel or a novation, and the supplier may at any time without notice require strict and punctual compliance with each and every proviso or term hereof.
Jurisdiction
The company shall be entitled to institute any proceedings against the buyer arising out of a contract for the full balance outstanding including current supplies in any Magistrates Court notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrates Court. Further, the buyer agrees to be liable for all legal costs, including costs on an attorney and client scale including collection charges and tracing fees which may arise.
A certificate signed by any director or manager of ON TAP showing the amount due and owing by the buyer to ON TAP at any given time shall be prima facie evidence of the amount due by the buyer and such certificate shall be sufficient for the purposes of judgment or provisional sentence or other legal proceedings.
Non-Relaxation
No relaxation or indulgence which the seller may grant the purchaser in regard to carrying out by the buyer of any of its obligations in terms of the contract shall in any way prejudice or constitute a novation or a waiver of any of the sellers right against the buyer or preclude the subsequent enforcement of that obligation by the seller.
Acceptance
Acceptance by the seller of any order from the buyer will constitute the contract upon the terms and conditions hereof, which terms and conditions will supersede any terms and conditions embodied in the buyers order or otherwise sought to be imposed by the buyer.
Breach
For the purposes of this agreement, any of the following shall be deemed as a breach:
- Should the buyer default in paying his or her account strictly on the due date or commit any breach of any terms of this agreement,
- Should the buyer be an individual, die or be provisionally or finally sequestrated or surrender or make an application to surrender his estate or commit any act of insolvency,
- Should the buyer be a partnership, the partnership is terminated,
- Should the buyer be a company or a close corporation, be placed under a provisional or final order of liquidation or judicial management,
- Should the buyer have a judgment recorded against it which remains unsatisfied for 7 days,
On the occurrence of any event of a breach then, without prejudice to any other rights it may have, ON TAP shall be entitled but not obliged:
- Forthwith to demand that the whole amount outstanding by the buyer from whatsoever cause arising, be paid immediately notwithstanding that a portion of the amount may not be otherwise yet due and payable in accordance with the agreed terms of payment,
- Cancel any agreement which exists between it and the buyer and suspend the carrying out of any of its then uncompleted obligations, in which event the buyer shall have no claim of whatsoever nature against ON TAP arising out of such cancellation or the suspension to carry out any obligations,
ON TAPs rights in terms of clauses above shall not be exhaustive and shall be in addition to its common law rights.
Variation of Contract
No variation to or modification of the contract shall be of any force or effect whatsoever unless such variation or modification is reduced to writing and signed by the parties hereto or their duly authorised representatives.
Force Majeure
Neither party shall be responsible for or liable because of any delay in or failure where such delay or failure is due to any event of force majeure. Force majeure shall mean any act or event beyond the reasonable control of the affected party and not caused by the fault, negligence or lack of diligence of such party, including but not limited to acts of God, the elements, accidents, fire, explosion, flood, war, riots, rebellion, strikes, revolution, blockage, restriction or other act or failure to act on any government. The obligations, which are affected by force majeure shall be deemed suspended so long as any such causes or contingencies prevent or delay its execution.
Domicilium Citandi et Executandi
The buyer nominates its address provided to ON TAP as its domicilium citandi et executandi for service upon it of all notices and processes whether in connection with any claim or any sum due to ON TAP or otherwise.