TERMS AND CONDITIONS
1. Introduction
1.1 This purchase agreement is entered into by and between the Seller and Purchaser, asindicated on the Online Ordering Form
1.2 The parties hereby choose their domicilia citandi et executandi at the following addresses:
1.2.1 The Purchaser: As indicated on the Online Ordering Form
1.2.2 The Seller: 9 Soeteweide Road, Stellenbosch, 7600
1.3 Any notice to any party which is delivered in a correctly addressed envelope to any responsible person at the chosen address during normal business hours, shall be deemed to have been received on the date of such delivery; or, any notice to any party which is despatched by e-mail to the chosen e-mail address, shall be deemed to have been received on the date of despatch during normal office hours or on the first business day after such notice was despatched in the event of it being despatched after normal business hours, unless otherwise proven.
2. Suspensive conditions
2.1. This agreement of sale is not subject to any suspensive conditions.
3. Property
3.1 The Seller hereby sells, and the Purchaser hereby purchases the property as indicated on the Online Ordering Form.
3.2 The Purchaser acknowledge that the property was received as is (voetstoots), and the Purchaser shall have no claim against the Seller for any defect which may subsequently be found therein.
4. Purchase Price
4.1 The Purchaser is liable for the full purchase amount, as elected on the Online Ordering Form (e.g. ZAR 5 999.00).
5. Manner of payment
5.1 The Purchaser undertakes to pay the full purchase amount into the bank account of the Seller, which banking details will be send to the email adress of the Purchaser, as filled in by the Purchaser in this Online Order Form.
5.2 The Purchaser undertakes to send a proof of payment of the full purchase amount to the Seller.
5.3 The Purchaser may confirm the banking details with one of the CCMC's/Employees of the Seller before he/she makes payment, but the Seller shall not be liable for any damages that the Purchaser may suffer as a result of such payment.
6. No intention to contract
6.1 The Seller shall only commence with the order once it has received the abovementioned proof of payment from the Purchaser. Should the Seller not receive the proof of payment from the Purchaser within 10 business days from the date on which an Employee of the Seller have requested for it from the Purchaser, as mentioned in clause 5, then it shall be deemend that the Purchaser did not conclude this agreement with the necessary animus contrahendi and that this agreement is subsequently void ab initio.
7. Risk, benefit and damage
7.1 Risk, benefit and ownership is deemed to have been transferred from the Seller to the Purchaser when the property has been delivered from the Seller to Purchaser.
7.2 The Purchaser indemnifies the Seller against any claim for damages that the Purchaser may suffer as a result of any form of damage that may have been caused by whomever to the property. The Purchaser shall remain liable for any and all obligations in terms of this agreement irrespective of any damage caused to the property whatsoever.
8. Breach
8.1 In the event of the Purchaser failing to fulfil on due date any of its obligations in terms of this agreement and remains in breach for a period of 10 (ten) days after receiving written notice from the Seller to remedy such breach, the Seller shall have the right to either:
8.1.1 cancel this agreement and inform the Purchaser of cancellation, without prejudice to the Seller’s other legal rights and remedies including the right to claim damages; or
8.1.2 claim immediate payment of the whole of the purchase price and the fulfilment of all the terms and conditions of this agreement, from which date the Purchaser shall be liable to pay interest on the full purchase price until date of payment, calculated at prime rate plus 2 % (two percent), which interest shall be calculated on a daily basis and shall be monthly compounded.
8.2 In the event of the Seller failing to fulfil on due date any of his obligations in terms of this agreement and remains in breach for a period of 10 (ten) days after receiving written notice from the Purchaser to remedy such breach, the Purhaser shall have the right to either:
8.2.1 cancel this agreement by written notice to the Seller and to claim damages, if any, without prejudice to the Purchaser’s other legal rights and remedies including the right to claim damages; or
8.2.2 to claim immediate fulfilment of all terms and conditions of this agreement.
9. Alternative Dispute Resolution
9.1 Should any dispute or disagreement of claim arise between the parties, then the parties shall first try to resolve the dispute by negotiation. This entails that one party invites the other in writing to a meeting and to attempt to resolve the dispute within 7 (seven) days.
10. General
10.1 The Purchaser shall not cede or assign or mortgage or pledge any of its rights under this agreement.
10.2 The Purhaser shall have the use of the property and the Seller shall not be responsible for any failure of the property or for any loss or damage which the Purchaser may sustain, either from such failure or from any other cause whatsoever connected with the property, whether such loss or damage be due to negligence on the part of the Seller or not.
10.3 Nor shall the Seller be responsible to the Purchaser, its employees, agents, clients or visitors for any accident, injury or loss caused to such person.
10.4 No act of relaxation on the part of the Seller in regard to the carrying out of any of the Purchaser’s obligations in terms of this agreement shall prejudice or be deemed to be a waiver of any of the Seller's rights in terms hereof.
10.5 No variation of this agreement shall be of force or effect unless it is in writing and is signed by the Seller and the Purchaser.
10.6 This Agreement consists out of an Online Ordering Form, completed by the Purchaser, and this Terms and Conditions, which legal documents are interdependent of each other and must be read together.