Herewith the Terms and Conditions of Barco Business Trust t/a Barco Namibia.
“the Company” means Barco Business Trust T/A Barco Namibia
“Purchaser” means the party who has placed an order with the Company or any person with whom the Company contracts because of any offer to purchase Goods from the Company, and includes the Purchaser’s representatives, successor and permitted assigns.
“Contract” means any contract or agreement arising out of the acceptance of any offer whether that contract arises out of
- an offer made by the Company and accepted by the Purchaser;
- an offer made by the Purchaser and accepted by the Company,
“the Goods” means the subject matter of the contract.
- These terms and conditions shall apply to any contract in terms of which the Company agrees to sell the Goods, irrespective of the circumstances under which the contract arose and to the exclusion of any terms and conditions which the Purchaser may seek to make applicable, and no alteration or variation of these terms and conditions shall be of any force or effect unless and until recorded in writing and signed by the Company and the Purchaser.
- Quotations submitted by the Company will not be offers capable of acceptance to bring into existence a contract unless otherwise expressly provided in such quotations.
- Unless otherwise stated in a quotation, data such as dates, dimensions, weights, capacities, calculations, and drawings will be approximate guides only and unless the correctness of such data is expressly guaranteed by the Company such data will not give rise to any claim or actions against the Company.
- Quotations will remain valid for a period of 14 (Fourteen) days unless otherwise stated in writing.
- All orders received will be processed in accordance with normal business practice in terms of which acceptance by the Company of any order will be subject to authorization by the Company’s credit controller.
- Details reflating to the design, shape and material content of the Goods shall be as stated in the order and may include, without limitation the dimensions of the Goods.
4. ACCEPTANCE OF CONTRACT
- A contract shall come into existence when the Company accepts any order for the Goods placed by the Purchaser.
- The Purchaser’s offer is irrevocable, and the Company is not bound until it accepts the offer.
- Notwithstanding anything to the contrary herein contained, the Company shall have the right, despite acceptance of the offer, to cancel the contract at any time prior to delivery of the Goods in which case the Company’s liability shall be limited to refunding any amounts paid by the Purchaser on account of the purchase price.
- The Purchaser acknowledges that he is aware that the Company’s dealers and salespersons have no authority to vary these terms or conditions of sale and the Company assumes no liability and shall not be bound by any statements, warranties or representations made by such dealers and/or salespersons save as expressly stated in writing and signed by a manager or director of the Company duly authorised.
5. PURCHASE PRICE & PAYMENT
- The purchase price payable by the Purchaser for the Goods shall be the price at the date of acceptance of the order by the Company in respect of the Goods unless otherwise agreed in writing.
- Unless otherwise provided the purchase price of the Goods shall be paid to the Company in full in the currency invoiced by the Company:
- On a Cash on Delivery basis via EFT or in Cash
- from time to time within 30 (thirty) days of the date of statement unless a contrary agreement is agreed to in writing.
- Should the Purchaser fail to make any payment on the due date then all amounts owing by the Purchaser to the Company from whatsoever cause, whether the date for payment has arrived, will immediately become due and payable by the Purchaser and the Purchaser shall immediately forfeit all discounts of whatsoever nature granted to it by the Company.
- Any amount not paid on due date shall bear interest at a rate equivalent to the maximum permissible finance charge rate allowed from time to time in terms of the Usury Act.
- The client will also loose the allotted discount on all further orders until the account is up to date.
- The Goods shall be delivered ex stores unless otherwise quoted or agreed in writing.
- Delivery in Windhoek is free if orders exceed NAD1,000 per order or the client average spend exceeds NAD8,000 per month.
- Even though the company aims to deliver the goods at the said time, the company will not be held liable if delivery is delayed for any reason whatsoever.
- Risk in and to the Goods shall pass to the Purchaser upon delivery. The Purchaser shall immediately upon receipt of the Goods, from the Company inspect the Goods and inform the Company of any errors, defects, or shortages by way of written notice to be received by the Company within 14 (fourteen) days of receipt of the Goods by the Purchaser. Should the Purchaser fail to notify the Company of any claim the Purchaser may have in terms hereof within the 14 (fourteen) day period such failure shall constitute a complete waiver of any such claim.
- Any of the Goods delivered to the Purchaser in error shall be considered for credit by the Company provided that such Goods are undamaged, in their original packaging, have not been unpacked or opened in part and are not defaced in any way.
- Any goods returned by the purchaser for any reason whatsoever shall incur a handling fee of 7%. Goods will only be accepted by the company if the goods are packed in the original box and complete as per original boxed quantity.
- If the Purchaser cannot accept or should request the Company to suspend or delay delivery of Goods, the Company reserves the right to claim any additional costs involved from the Purchaser.
- Should a Customer request any ordered goods to be transported via a 3rd Party carrier, it will duly inform the Company of such arrangements during the order process. the Company shall engage said carrier on such terms and conditions as it deems fit, and the Customer indemnifies the Company against all demands and claims which may be charged by the carrier. All fees for 3rd party shipments will be the sole responsibility of the Customer. Unless otherwise arranged with the Company.
- The Company shall not be liable for any loss of profit or any damage, direct or indirect, consequential, or otherwise, sustained by the Purchaser arising from any cause whatsoever.
- If the Purchaser requests the Company’s advice regarding the application of the Goods, the liability of the Company in respect of the unsuitability of the Goods for the purpose for which they are used will be limited to the selling price of those Goods.
- The Company makes no warranties, representations, or conditions, express or implied whatsoever, in respect of the Goods.
- The Company reserves the right to print its logo on the Goods.
8. SPECIFICATION AND DIAGRAMS
- All descriptive illustrations, drawings, dimensions, or weights forming part of quotations, catalogues, advertisements, and the like are given in good faith and shall be taken to be approximate and not binding as to detail and will not form part of the offer unless specifically confirmed in the special conditions.
- In the event of the Company manufacturing or supplying Goods to a Purchaser’s specifications and/or drawings or executing work in accordance with the Purchaser’s instructions or those of his advisers, the Company will not be responsible for the fitness of the Goods for the purpose for which they are intended or for the required performance of work so carried out.
- The Purchaser will be liable for payment of the costs providing specialised cutting dies and Printing Plates (stereos) utilised by the Company in the production of Goods at the usual or prevailing rates charged by the Company from time to time.
- Should the Purchaser fail to make payment upon due date of any amount due and owing, or commit any other breach of the terms any contract, the Company shall be entitled, at its option without notice and without prejudice to any other right which it may have, including the right to claim damages out of the breach or the termination of the contract:
- to declare all amounts owing by the Purchaser to be immediately due and payable.
- to suspend the carrying out of any of its then uncompleted obligations until payment is made.
- to terminate any credit facilities granted to the Purchaser.
- No relaxation which the Company may have permitted on any occasion regarding the carrying out of the Purchaser’s obligations shall prejudice or be regarded as a waiver of the Company’s rights to enforce those obligations on any subsequent occasion.
10. NOTICES AND DOMICILIUM
- The domicilium citandi executandi for purpose of all notices and process required or to be given by the Company in terms of this agreement or any matter arising from this agreement shall be.
- In respect of the Purchaser, his address stated in the credit application; and
- Any written notices in respect of this contract shall be delivered by prepaid registered post or by hand.
- Notices delivered shall be deemed to have been received:
- on the fifth business day after posting, if delivered by prepaid registered post.
- on the day of delivery or transmission if delivered by hand on a business day.
11. GOVERNING LAW & JURISDICTION
- The contract is governed by the laws of the Republic of Namibia.
- In terms of section 45 of the Magistrates Court Act of 1944, the Purchaser hereby consents to the jurisdiction of the Magistrates Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the Purchaser by the Company in terms of the contract. It shall nevertheless be entirely within the discretion of the Company as to whether to proceed against the Purchaser in such Magistrates Court or any other Court having jurisdiction.
- In the event of the Purchaser committing any breach of a contract or in the event of the Company being required to take any legal action, the Purchaser agrees and undertakes to pay the Company’s legal costs as between attorney and own client including collection commission, tracing fees, valuation charges, transport costs and other expenses in connection therewith.