1. Orders

If an order form reflecting the name of the Purchaser is given to the Company, the order will be considered to have originated from the Purchaser, even if it was given or signed by an unauthorized person. This order will be considered a valid order.

2. Delivery of Goods

2.1 The Company will make reasonable efforts to ensure timely delivery of the goods as agreed, but will not be held liable for late deliveries caused by circumstances beyond its control.

2.2 When the Purchaser or their representative signs the Company’s delivery note, it indicates acceptance that the goods listed on the note have been properly and completely delivered.

3. Risk in and to the Goods

The risk of the goods passes from the Company to the Purchaser on the date of delivery, even though ownership will only transfer after full payment of the purchase price.

4. Ownership of Goods

Until the Purchaser has fully paid for the goods, the ownership remains with the Company. The Company has the right to take possession of any unpaid goods without notice to the Purchaser. The Purchaser will receive a credit for the returned goods, based on the selling price determined by the Company.

5. Product Warranty

5.1 Goods purchased are sold “as is” without a warranty against latent defects. The Company is not liable for any representation or warranty made or alleged to have been made regarding the goods.

5.2 The Company’s liability for defective goods is limited to repairing or replacing them during the applicable warranty period. The Purchaser must return the defective goods in their original condition at their own cost. If the goods were not manufactured by the Company, its liability is limited to that of the manufacturer or supplier.

6. Failure to Object to Account Statement Items

If the Purchaser does not object to any items on the Company’s statement of account within 10 days of dispatch, the account will be considered correct.

7. Payments

7.1 Payment terms are strictly 30 days from the statement of account, unless otherwise agreed in writing by the Company.

7.2 In case of default in payment, the full outstanding balance will become immediately due and payable to the Company without notice.

7.3 The Company does not appoint any third party as its payment agent, and payments should be made directly to the Company’s physical place of business or nominated bank account. The Purchaser remains liable for payment even if payments are lost in the post or elsewhere.

7.4 The Purchaser may not withhold or defer payment for any reason, including claims against the Company.

8. Return of Non-Defective Goods

8.1 The Company may, at its discretion, agree to the return of non-defective goods for credit. The goods must be new, unused, in their original packaging, and in a saleable condition. The Purchaser must provide proof of purchase from the Company.

8.2 The Company is entitled to a minimum 10% handling fee for returned goods.

8.3 The price credited for returned goods will be based on the price reflected on the Purchaser’s proof of purchase, less the handling fee.

9. Indemnities

9.1 The Purchaser agrees to indemnify and hold the Company harmless against any liability related to the goods, including under relevant legislation such as the Occupational Health and Safety Act and the Mine Health and Safety Act.

9.2 The Purchaser warrants that qualified technicians or electricians will install goods requiring such expertise. Failure to comply indemnifies the Company from any liability arising from the goods’ purchase.

9.3 The Purchaser acknowledges that it does not rely on the Company’s representations or advice when making purchasing decisions.

10. Costs

All costs incurred in any legal action against the Purchaser, including legal costs, will be paid by the Purchaser. The Purchaser is responsible for reimbursing the Company for all costs incurred in recovering outstanding amounts.

11. Proof of Amount Due to the Company

A certificate signed by a designated Company representative, such as the company secretary, manager, or director, reflecting the amount owed by the Purchaser to the Company will serve as prima facie (on the face of it) evidence of the outstanding balance. This certificate can be used in legal actions, debt proof in insolvency proceedings, or any situation requiring the establishment of the claim amount. It is the sole responsibility of the Purchaser to prove that such amount is not owed, due, or unpaid.

12. Notification of Change of Ownership

The Purchaser must inform the Company in writing within seven days of any change in ownership. It is acknowledged that upon any change in ownership, regardless of whether the outstanding amount is due or not, it shall be immediately payable by the Purchaser to the Company.

13. Winding Up of Purchaser

If the Purchaser is wound up, whether provisionally or finally, or if steps are taken to place the Purchaser in business rescue, or in the case of an individual or partnership, their estate is sequestrated, the Company has the right to reclaim any goods not yet paid for which were delivered to the Purchaser prior to the date of winding up or sequestration, regardless of the payment status.

14. Assignment of Company’s Rights and Delegation of Company’s Obligations

The Company has the right to assign any or all of its rights against the Purchaser to a third party without prior notice to the Purchaser.

15. Entire Agreement

15.1 These terms and conditions supplement any signed trading terms and conditions agreed upon between the Purchaser and the Company.

15.2 The Purchaser acknowledges that any terms that conflict with these terms cannot be enforced unless the Company has explicitly agreed in writing to the introduction of such terms. The Company cannot be deemed to have agreed to such terms solely by executing an order that includes inconsistent terms but does not explicitly reject them.

16. Non-Waiver

Any forgiveness of a breach of these terms and conditions or any act of leniency, indulgence, or grace by the Company shall not be considered a waiver of any of its rights or a replacement of the agreement between the Purchaser and the Company.

17. Severability

These terms and conditions are independent of each other, regardless of how they may be grouped or linked grammatically. If any term or condition becomes unenforceable in a jurisdiction due to voidness, invalidity, illegality, unlawfulness, or any other reason, it shall be deemed as if it had not been written. The remaining terms and conditions shall continue to be fully enforceable