Terms of service
STANDARD TERMS AND CONDITIONS
CHOMMIES CAPE TOWN PROPRIETARY LIMITED
(Registration Number 2020/083598/07)
133-135 Hatfield Street, Gardens, Cape Town 8001
1. ORDERS AND ACCEPTANCE:
These terms and conditions apply to any contract in terms of which Chommies agrees to sell product(s) and/or service(s) to any purchaser(s), to the exclusion of any terms and conditions which the purchaser(s) may seek to make applicable.
2. PURCHASE PRICE:
2.1 The purchase price payable for the product(s) and/or service(s) is the list price published or otherwise made available by Chommies from time to time, as at the date of dispatch of the product(s) and/or service(s), unless otherwise agreed to in writing by Chommies.
2.2 Chommies reserves the right to vary its list price from time to time without notice to the purchaser(s).
2.3 Both retail prices and wholesale prices quoted by Chommies to the purchaser(s) are in South African Rand and the Purchaser(s) will make payment in South African Rand.
2.4 Both retail prices and wholesale prices quoted by Chommies to the purchaser(s) exclude transport costs and import duties, levies and charges, applicable on the date of the transaction. Chommies may at any time before delivery adjust such prices and costs in accordance with fluctuations in currency rates.
3. VALUE ADDED TAX:
Retail Prices: All product(s) and service(s) are quoted including VAT, and the purchaser(s) will be responsible for and will pay to Chommies such VAT as is due.
Wholesale Prices: All product(s) and service(s) are quoted excluding VAT, and the purchaser(s) will be responsible for and will pay to Chommies such VAT as may be due.
Prices are strictly net, and are not subject to any discounts unless otherwise specifically agreed to in writing by Chommies.
All goods FOR / FOB Cape Town unless otherwise agreed in writing, transport at the risk of the purchaser(s). Delivery dates are approximate, subject to availability of goods, and Chommies will not be liable for any loss caused by delays.
6.1 The full purchase price is payable, without deduction or set-off of whatever nature, prior to dispatch or product(s).
6.2 Overdue accounts will attract interest at the prime overdraft rate (South Africa) plus 2% (two percent) per annum, compounded monthly in arrears.
6.3 Product(s) are not released and services(s) are not rendered before full payment is made or secured.
7. RISK AND OWNERSHIP:
7.1 Risk in product(s) and service(s) will pass from Chommies to the purchaser(s) on dispatch.
7.2 Notwithstanding delivery ownership in product(s) will remain vested in Chommies until all amounts due to it by the purchaser(s) have been paid, whereupon ownership will pass to the purchaser(s).
7.3 If the purchaser(s) had sold product(s) to a third party before payment has been made to Chommies any proceeds of such sale(s) is deemed to have been received and to be held by the purchaser(s) for and on behalf of Chommies, pending payment of all amounts due to Chommies.
8.1 Chommies warrants only goods manufactured by it against defective materials and workmanship, for a period of 6 (six) months, provided such defect manifests itself under correct and proper use of the product(s), and provided further that Chommies is notified in writing of such defect immediately it occurs. Chommies reserves the right either to replace the product(s) in South Africa or to compensate the purchaser(s). Only the cost of the product(s) is under warranty. The cost of delivery to and from outside South Africa for the return and replacement of product(s) will be borne solely by the purchaser.
8.2 All damaged product(s) must be returned forthwith to Chommies with such proof of purchase as it may reasonably require. Failure to comply with these requirements will nullify any claims against Chommies.
9.1 Chommies, its agents, officers and servants, are not liable for any loss or damage, including any loss of profit, whether direct or indirect, consequential or otherwise, claimed by the purchaser(s) arising from the product(s) or the use or failure thereof in whatever manner, including any damages arising as a result of the negligence or gross negligence of any one of the aforesaid, save for the guarantee obligations set out above.
9.2 Chommies makes no representation and gives no warranty in regard to the performance of or other qualities of the product(s) sold.
10. FORCE MAJEURE
The purchaser(s) does not have any claim of any nature whatsoever against Chommies for any failure by Chommies to carry out any of its obligations as a result of vis major, including but without being limited to any strike, lock-out, shortage of labour or materials, delays in transport, or of any other nature whatsoever.
11. LAW AND JURISDICTION, DOMICILIA:
11.1 Any contract between Chommies and the purchaser(s) is governed by the laws of the Republic of South Africa, and the Courts of the Republic of South Africa in Cape Town have exclusive jurisdiction.
11.2 Chommies chooses domicilium citandi et executandi for all purposes as its address in Cape Town, being 133-135 Hatfield Street, Gardens, Cape Town 8001, and the purchaser(s) chooses domicilium citandi et executandi for all purposes at the point of sale of the product(s) to the purchaser(s).
12. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
The purchaser(s) acknowledges the intellectual property and proprietary rights of Chommies in regard to the product(s).
Chommies will protect the personal information of the purchaser(s) in accordance with the Protection of Personal Information Act, 2013.
14. DISPUTE RESOLUTION:
14.1 Any dispute arising out of or in connection with any agreement between Chommies and the purchaser(s) will be submitted for final resolution in accordance with the Rules of the Arbitration Foundation of Southern Africa, by an arbitrator or arbitrators appointed by the Foundation., such arbitration to be held in Cape Town, in English.
14.2 Chommies will be entitled in the event of a material breach of any agreement with it by the purchaser(s) either to claim specific performance, or to terminate such agreement on 10 (ten) days’ notice to the purchaser(s).
This contract contains the entire agreement between the parties and no variation thereof will be of any force or effect unless reduced to writing and signed by or on behalf of Chommies. The purchaser(s) acknowledges that no warranties have been given or representations made by or on behalf of Chommies other than those specifically agreed upon in writing.