3.1. The Seller shall supply the goods to the Purchaser on receipt of a written order, alternatively on request at the Seller’s premises. It shall be deemed that any person attending at the premises to place orders for the goods on the Purchaser’s behalf is duly authorised to represent the Purchaser in all ways.

3.2. The goods may be purchased either by way of cash or account, as the case may be, and as set out in the supplier agreement/credit application to which these terms and conditions are attached, alternatively as appear on the “Good Oaks Timber’s” website at https://goodoaks.co.za/, and as amended from time to time. The Purchaser’s warrants that he/she/it is aware of these terms and conditions, as amended from time to time, and agrees to be bound to same.

3.3. Seller shall make every effort to ensure that the goods supplied will conform to specification, but the Seller gives no warranty, express or implied, in regard to quality or suitability of the goods for any particular purpose and in the event of such goods proving not to be in accordance with the said specifications, the Seller shall not be responsible for any damages whatsoever, whether direct or consequential and the Seller’s liability is limited to the replacement of the products in question.

3.4. Ownership of the goods shall be retained by the Seller until same have been paid for in full by the Purchaser.

4.1. The Purchase agrees that the amount contained in an invoice issued by the Seller shall be due and payable unconditionally either by way of (a) cash on delivery; or (b) if the Purchaser has been Credit Approved by the Seller, within 7 (seven) days from when an invoice/s has/ve been issued by the Seller to the Purchaser.

4.2. The Purchaser agrees that if an account is not settled in full (a) against delivery; or (b) within the 7 (seven) day period in the event of the Purchaser being Credit Approved the Seller is: (i) entitled to immediately institute action against the Purchaser at the sole expense of the Purchaser; or (ii) to cancel the supplier agreement/credit application and take possession of any goods delivered to the Purchaser and claim damages. These remedies are without prejudice to any other right the Seller may be entitled to in law. The Seller reserves its right to stop supply immediately on cancellation or on non-payment.

4.3. In the event of cancellation as aforesaid, the Credit Approved Purchaser will forthwith lose this approval and all amounts then outstanding shall immediately become due and payable.

4.4. The Seller shall be entitled to withdraw credit facilities at any time within its sole discretion.

4.5. In the event of cancellation, the Purchaser shall be liable to pay (a) the difference between the selling price and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of repossessed or retained pledged goods shall be deemed to be the reasonable market value placed on them after such repossession, and such valuation shall be conclusive proof of the value. If the goods are not recovered for any reason whatsoever, the value shall be deemed to be nil.

4.6. The Purchaser irrevocably authorises the Seller to enter its premises to repossess any goods delivered, with a duly authorised court order, and indemnifies the Seller completely against any damage whatsoever relating to the removal of repossessed goods.

4.7. In the event of cancellation of as aforesaid by the Seller, the Seller shall not deliver any further goods which may have been ordered by the Purchaser, and the Seller shall be entitled to recover any loss sustained thereby from the Purchaser.

4.8. The Purchaser is not entitled to sell or dispose of any goods unpaid for without the prior written consent of the Seller. The Purchaser shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of the Seller in and to the goods.

4.9. If any goods supplied to the Purchaser are of a generic nature and have become the property of the Purchaser by operation of law the Purchaser shall be obliged on notice of cancellation of the Agreement to retransfer the same quantity of goods in ownership to the Seller.

4.10. The Purchaser shall be liable to the Seller for all legal expenses on the attorney-and-client scale (not limited by tariff) of an attorney and counsel (whether junior or senior) incurred by the Seller in the event of (a) any default by the Purchaser or (b) any litigation in regard to the validity and enforceability of these terms and conditions. The Purchaser shall also be liable for any letter of demand, tracing, collection or valuation fees incurred as well as for any costs, , for any form of security that the Seller may demand. The Purchaser acknowledges that these charges have been fully explained to it, and that it shall be liable for payment thereof.

4.11. The Purchaser agrees to pay the amount on the Tax Invoice at the offices of the Seller or at such other place the Seller may designate in writing, or by way of Electronic Funds Transfer. Payment shall only be considered as discharge of the Purchaser’s payment obligation once funds have cleared and are reflected as free in the Seller’s bank account as nominated in writing by the Seller itself from time to time

4.12. No cheque/s shall be accepted as payment.

4.13. The Purchaser has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Purchaser and any such extension will not be applicable or enforceable unless agreed to by the Seller, reduced to writing and signed by the Purchaser and a duly authorised representative of the Seller. The Purchaser is not entitled to set off any amount due to the Purchaser by THE SELLER against this debt.

4.14. The Purchaser agrees that the amount due and payable to the Seller may be determined and proven by a certificate issued and signed by any director or manager or member or partner of the Seller, whose authority need not be proven or by any independent auditor nominated by the Seller. Such certificate shall be binding and shall be proof of the indebtedness of the Purchaser, and the Purchaser shall bear the onus of proving that the amount is not due and payable.

4.15. Any printout of computer evidence tendered by the Seller shall be admissible evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence.

4.16. The Purchaser agrees that interest shall be payable at the maximum legal interest rate prescribed in terms of the National Credit Act on any monies past due date to the Seller and that interest shall be calculated daily and compounded monthly from the date of delivery. This shall be mora interest and shall not constitute an incidental credit agreement.

4.17. Should any payment made by the Purchaser to the Seller be dishonoured by the financial institution utilised by the Purchaser, and in the event that the Seller incurs any charges in respect of such, then the Seller will be entitled to recover any such costs incurred from the Purchaser.

Pricing:

5.1. The Purchaser acknowledges that the pricing of the goods fluctuates from time to time and the prevailing selling price of the Seller for the goods shall apply at all times.

Delivery of the goods:

6.1. The Seller endeavours to deliver the goods within a reasonable time alternatively on or before the date specified for delivery in the Supplier agreement/credit application, and shall be delivered to the Purchaser’s place of business as specified in the supplier agreement/credit application. However, should there be a delay, whether on the account of the Seller or not, the Seller shall not be responsible for any damages suffered of whatsoever nature, provided the Seller has advised the Purchaser of such delay within a reasonable period.

6.2. The Seller shall be entitled to make partial deliveries and the Purchaser shall be obliged to accept delivery of all goods when tendered in accordance with the Purchaser’s order. If the Purchaser fails for whatever reason to accept delivery, it shall be liable for all costs, expenses, losses and/or damages incurred by the Seller in respect thereof.

6.3. The Purchaser acknowledges that it shall be liable for delivery charges.

6.4. Upon signature of a delivery note issued by the Seller, or should no delivery note be rendered by the parties for any reason, it shall be deemed that delivery of the goods has been made to the Purchaser and in a good and proper condition. It is the responsibility of the Purchaser to inspect the goods and to confirm any defect in same prior to signing for same, or within a reasonable time from when the defect is discovered, if not latent on delivery.

6.5. Risk in the goods shall pass to the Purchaser upon delivery. The Seller reserves ownership of the goods until same have been paid for in full. The Purchaser shall ensure that the goods are not subject to any lien or hypothec until such time as ownership has passed to the Purchaser, and in this regard, the Purchaser shall notify any landlord of premises which it occupies of the Seller’s ownership of the goods.

6.6. By its/his signatures hereto, the Purchaser, their successors in title, assigns, trustees, administrators, liquidators and/or estates, unconditionally and irrevocably indemnify and hold the Seller harmless against any damages that may arise out of any cause of action, and resulting from the Seller delivering the goods to the Purchaser at the Purchaser’s requested address, and/or from the use and/or failure of the goods.

Cancellation of orders and return of goods:

7.1. The Purchaser may cancel any order within 12 (twelve) hours of placing such order and prior to delivery thereof.

7.2. In the event that the Purchaser cancels an order after 12 (twelve) hours of placing such order then such order becomes unconditional and irrevocable and the Purchaser shall be liable for all costs and expenses incurred by the Seller in fulfilling such order.

7.3. Any claim in respect of alleged short-supply shall be made by the Purchaser in writing on the day of delivery of the goods as set out above and such claim shall clearly identify the goods by reference number, by order number, delivery note number and invoice number and if applicable, and shall clearly set out the nature of the claim.

7.4. If a claim is not lodged in writing with the aforesaid details within the 24 (twenty four) hours stipulated above, the goods shall be deemed to be in accordance with the order placed by the Purchaser and delivered by the Seller.

General:

8.1. The Purchaser acknowledges that it has apprised himself/herself/itself of the provisions of the Consumer Protection Act 68 of 2008 before accepting these conditions, and fully understands his/her/its rights in terms thereof in so far as same may be applicable.

8.2. If, for any reason of whatsoever nature and beyond the control of the Seller, the Seller is not able to fulfill any of its obligations to the Purchaser, the Purchaser shall have no claim of any nature whatsoever against the Seller for any loss arising therefrom.

8.3. No relaxation or indulgence granted by the Seller to the Purchaser shall be deemed to be or interpreted as a waiver of any of the Seller’s rights in terms hereof.

8.4. No amendment, variation or consensual cancellation hereof shall be of any force or effect unless reduced to writing and signed by a duly authorised representative of the Purchaser, and a duly authorised representative of the Seller.

8.5. The Purchaser elects his/her/its domicilium citandi et executandi as the address reflected on the cover of the Terms and Conditions for the purpose of giving any notices or serving any legal process arising here from.

8.6. Should the Seller be obliged to take legal action to enforce its rights in terms hereof, the Purchaser agrees and consents to the jurisdiction of the Magistrates Court, irrespective of the quantum of the claim involved. The Purchaser’s consent to the Magistrate’s Court jurisdiction does not preclude the Seller from proceeding to enforce its rights in any other court of competent jurisdiction.

8.7. In the event that any of the clauses herein are declared unenforceable, the Purchaser agrees that each offending provision shall be severable from the remainder of these terms and conditions, which shall remain valid and binding between the parties.