Linvar 2020 Catalogue

STANDARD TERMS OF TRADE & ACCEPTANCE OF LIABILITY
1. This document represents the entire agreement between the parties. No alleged amendment,
addition, waiver or cancellation by agreement shall be of any effect unless reduced to writing
and signed by both parties. This agreement will regulate all present and future transactions
between the parties and will be applicable to all existing and future debts between the
parties.
2. These terms become final and binding once the customer places the first order and Linvar
(Pty) Ltd (hereinafter referred to as “Linvar”) accepts same. The signatory hereto: (a)
acknowledges that he/she, understands and accepts each term of this agreement, and (b)
guarantees his/her authority to enter into a binding agreement on behalf of the customer.
3. The signatory to the Credit Application & Acceptance of Liability as Co- Debtor form, hereby
binds him/herself as surety and co-principal debtor in his/her personal capacity, jointly with
and severally from the customer for all amounts which may now be or in future become due
to Linvar by the customer, and agrees that these terms shall apply mutates mutandis to him/
her. The signatory renounces the benefits of excussion and division.
4. The customer acknowledges that Linvar made no representations regarding the goods and/
or services or any of its qualities except as specifically set out in writing and signed on behalf
of Linvar. The customer agrees that Linvar shall not be liable for any negligent or innocent
misrepresentation made to the customer. It is the sole responsibility of the customer to
determine the suitability of the goods and services according the intended use thereof and
the customer indemnifies Linvar against any and all claims in this regard.
5. All quotes: (a) will remain valid for a period of 30 (thirty) days from the date of the quote or
until the date of issue of a new factory price list, whichever occurs first; and (b) are subject
to the availability of the goods and services. The prices quoted exclude VAT and are subject
to change in accordance with any increases in the cost price before dispatch of goods and
commencement of services. Any independent auditor may certify such increase and such
certificate shall be final and binding on the customer who shall be liable for such increase.
6. The customer shall inspect all goods and services immediately upon receipt thereof and shall
satisfy itself that these conform in all respects to the quality and quantity ordered and are
free of any defects. All orders or variation to orders, whether oral or in writing, will be subject
to these standard conditions and may not be cancelled.
7. Linvar shall be entitled, in its sole discretion, to split the delivery of goods and performance
of services into the separate quantities and deliver/render it on the different dates as it may
decide. Linvar shall accordingly be entitled to invoice each such partial delivery/performance
separately.
8. Any delivery note (whether a copy of original) signed by the customer or a third party engaged
to transport the goods shall be proof that delivery was made to the customer. All risks in and
to the goods passes to the customer when the goods leave the business premises of Linvar
and the customer undertakes to fully insure the goods whilst in transit and until fully paid for.
Delivery, installation and performance times provided by Linvar are merely estimates and will
not be binding on Linvar. The customer indemnifies Linvar against any and all claims in this
regard.
9. Should Linvar agree to engage a third party to transport goods, Linvar shall engage such third
party for and on behalf of the customer and on the terms and conditions deemed fit by Linvar.
The customer hereby indemnifies Linvar against any liabilities and all claims which may arise
from such agreement with the transporting entity.
10. New goods are guaranteed according to the manufacturer’s products specific warranties
only and all other guarantees, whether statutory or by common law are hereby specifically
excluded. Services carry no guarantee. Linvar’s liability is restricted to the cost of repair or
replacement of faulty goods and/or services alternatively, at the sole discretion of Linvar, to
granting of a credit. Linvar shall not be liable for any indirect or consequential damages or
losses whatsoever and the customer indemnifies Linvar against all claims in this regard.
11. The customer shall return any defective goods to the business premises of Linvar at the
customer’s own cost and packed in the original packaging, within 7 (seven) days after date of
delivery of such defective goods to the customer or its duly authorised agent.
12. In the case of a 30 DAY customer, the customer shall pay the amount of Linvar’s tax invoice to
Linvar within 30 (thirty) days of the issue of an invoice by Linvar. The customer shall have no
right to withhold payment for any reason whatsoever and the customer shall not be entitled
to set off any amount allegedly due to the customer by Linvar against the customer’s liability.
Should the customer have any alleged counterclaim it shall only be entitled to raise and issue
such claim after having made full payment of its indebtedness to Linvar. All CASH ON ORDER
(COO) customers are required to pay upfront before the stock is delivered.
13. All discounts allowed to the customer (if any) will be forfeited should full payment not be
made by due date.
14. The customer undertakes to inform Linvar in writing within 7 (seven) days of any change of
its details including its directors, members, shareholders or owners or its physical or postal
addresses and contact details.
15. The customer agrees to make payment to Linvar of the standard rates and prices contained
in the price lists for any goods and services rendered from time to time, which are available
upon request.
16. All orders are subject to cancellation by Linvar if: (a) it cannot timeously or at all execute
same due to force majeure or due to any cause beyond the control of Linvar (including but not
restricted to inability to secure labour, materials or supplies, or by reason of any act of God,
war, civil disturbance, state of emergency, strikes, lockouts or other labour dispute, fire, flood,
drought or legislation); or (b) the customer breaches any term of this agreement or attempts
to compromise its debts or (c) any attempt is made to liquidate or sequestrate the customer
or to surrender its state, or judgment is granted against the customer or any of its principals,
or the customer applies for business rescue.
17. The customer will have no claim against Linvar unless is has, within 3 (three) days from the
date of delivery of the alleged defective goods or breach occurring (whichever takes place
first), given Linvar 30 (thirty) days written notice by prepaid registered post to rectify such
defect or breach.
18. Under no circumstances will Linvar be liable for any consequential or indirect damages or
losses or for any delictual liability of any nature whatsoever. Linvar shall not be liable for any
damages arising from any misuse or abuse of goods.
19. The customer agrees that the amount of its indebtedness toward Linvar may be determined
and proven by a certificate issued and signed by any director of Linvar, whose appointment
need not be proven, and which certificate shall be signed and shall be prima facie proof of
the indebtedness of the customer toward Linvar.
20. It is agreed that any printout of computer evidence tendered by Linvar shall be admissible
evidence and the customer shall not be entitled to object to the admissibility thereof on the
grounds that such evidence is computer evidence.
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