STANDARD TERMS AND CONDITIONS OF SALE


 

Except as otherwise agreed in writing, all transactions, tenders, offers to contract and contracts, whether oral or in writing, for the supply of the goods, products and/or services by ITALCOTTO shall be subject to the following terms and conditions:

All prices on this web site are subject to change without notice. While we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on our website may be incorrectly priced. Where a product is listed at an incorrect price due to typographical, photographic, or technical error, Overton International Trade (Pty) Ltd t/a Italcotto shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

 

1              DEFINITIONS

1.1          “ITALCOTTO” is the registered trading name for Overton International Trade Pty Ltd – Registration No. 1986/002031/07 Vat No: 4270102280.

1.2          “Products” means all Italcotto goods and products sold by ITALCOTTO to the customer.

1.3          “the Customer” means the purchaser of the Products.

 

2              PURCHASE AND SALE

2.1          The Customer shall be bound by these standard terms and conditions of sale in all transactions for the purchase of the Products unless otherwise agreed in writing and signed by both parties.

2.2          The Customer shall notify its clients that the Products are sold subject to these standard terms and conditions of sale and the Customer shall be deemed to have so informed its clients in respect of all sales of the Products by the Customer to its own clients.

2.3          No claims whatsoever will be considered after tiles are fixed.

 

3              ORDERS

3.1          No telephonic orders will be accepted – only faxes (0214254850) emails or official original orders.

 

4              PAYMENT

4.1          Unless otherwise agreed in writing, the Customer shall pay for the Products within 30 days of the date of ITALCOTTO’s statement.

4.2          The Customer shall be liable for interest on all amounts overdue for payment at a rate of prime plus 2% per annum or interest permitted in terms of the National Credit Act, No. 34 of 2005, as amended, which interest, if unpaid, shall be added to the capital amount owing to form the principal debt upon which amount interest shall continue to accrue until payment in full.

4.3          The Customer shall not be entitled to withhold payment for the Products under any circumstances and hereby specifically waives any right of set off in respect of any amount which may now or in the future become owing by ITALCOTTO to the Customer.

 

 

5              DELIVERY

5.1          The Purchaser will be advised of any charges for delivery, if this service is required.

 

5.2          Although ITALCOTTO will endeavour to deliver the Products in accordance with the Customer’s delivery requirements, ITALCOTTO shall not be liable to the Customer in any manner whatsoever for any delay in delivery or failure to comply with the Customer’s requirements.

 

5.3          In the event of delivery being made at the Customers premises or any other premises nominated by the Customer, the Customer shall be solely responsible for receiving and checking the Products.

 

5.4          In the event of short delivery, the Customer shall forthwith endorse ITALCOTTO’s copy of the delivery documentation, specifying details of such short delivery and shall within two (48 hours) days of such delivery, lodge a claim with ITALCOTTO in respect thereof.

 

5.5          In the event that the Products are delivered in a damaged or defective condition, the Customer shall forthwith  endorse ITALCOTTO’s copy of the delivery documentation, specifying the damage to or defect in the Products and shall  within five (5) days of such delivery, notify ITALCOTTO of such damage or defects.

 

5.6          If ITALCOTTO agrees with the Customer’s claims, it will either make up the shortfall or replace the damaged or defective Products, as the case may be.

 

5.7          In the event of the Products being delivered to a carrier for onward delivery to the Customer upon the instructions of such Customer, delivery shall be deemed to have been effected by ITALCOTTO upon delivery to the carrier who shall at all times be deemed to be the Customer’s agent for this purpose.

6              OWNERSHIP

6.1          Ownership of the Products shall remain vested in ITALCOTTO until such Products are paid for in full by the Customer.

6.2          In event of  the Customer defaulting with payment, ITALCOTTO shall without  prejudice to any of its other rights in law, be entitled to repossess the Products immediately.

 

 

7              RISK

Notwithstanding the fact that ownership in the Products remains vested in ITALCOTTO, the risk in and to the Products shall pass to the Customer upon delivery thereof.

 

8              WARRANTIES

8.1          The Products supplied by ITALCOTTO are covered by the Supplier’s warranties.  ITALCOTTO acts solely as the agent for any claims made against the supplier for defects etc.

8.3          The Products supplied by ITALCOTTO are suitable only for the purposes and uses for which they are designed.  The Customer shall ensure the Products are handled, stored, installed, used, operated and otherwise dealt with in a normal and proper manner and, where applicable, in a manner consistent with the recommended instructions of the manufacturer of the Product.

8.4          Save as aforesaid, ITALCOTTO shall not be liable in any manner whatsoever as a result of or in connection with any defect in or unsuitability of the Products.

 

9              INDEMNITY

ITALCOTTO shall not be liable in any manner whatsoever for any loss or damage, direct or consequential, sustained by the Customer or any of the Customer’s clients in connection with the use of the Products and the Customer hereby indemnifies ITALCOTTO against all such liability.

 

10           CUSTOMER’S DOCUMENTS

The terms and conditions continued herein shall not be amended, modified or superseded by any terms and conditions contained in or forming part of the Customer’s documents and ITALCOTTO shall not be bound thereby.

 

11           CREDIT

11.1        ITALCOTTO shall in its sole and absolute discretion and upon such terms and conditions as it deems appropriate, be entitled to grant or refuse any credit facilities to the Customer and to amend such credit facilities at any time, and without derogating from the generality of the afore-going, ITALCOTTO shall be entitled to require the Customer to provide such guarantees as it deems necessary to secure payment of the purchase price of the Products.

11.2        There is a handling fee of 15% where goods are accepted for credit. However, if we are notified of intended returns within 7 days, and where ITALCOTTO agrees to accept the returns, no handling fee will be charged.  Please note that ITALCOTTO will not accept returns after 30 days from date of Invoice, nor if boxes have been opened or goods used unless the goods have been found to be faulty.   ITALCOTTO reserves the right not to accept returns for goods no longer in stock.

 

14           INDULGENCE

No relaxation or indulgence granted by ITALCOTTO to the Customer shall be deemed to be a waiver of any of ITALCOTTO’s rights in terms hereof, and such relaxation or indulgence shall not be deemed to be a novation of any of the terms and conditions set out herein, or create any estoppel against ITALCOTTO .

 

15           LEGAL COSTS

The Customer shall be liable for all legal costs, including attorney and client costs and collection commission, which ITALCOTTO may incur in instituting any legal proceedings pursuant to any breach of these terms and conditions or the enforcement of its rights contained herein.                                                                                                                                                                                                                                                                                                                                                                                                     

16           BREACH

In the event of the Customer:

18.1        breaching any terms or condition contained herein;

18.2        failing to pay on due date any amount which is due and payable;

18.3        permitting any civil judgment to be taken against it;

18.4        publishing a notice of surrender of its estate in terms of the Insolvency Act No 24 of 1936, as amended;

18.5        being placed under provisional or final sequestration, liquidation, winding up or judicial management as the case may be;

Then and in that event ITALCOTTO shall, without detracting from any other remedies available to it, be entitled to cancel  the sale of the Products to the Customer without notice, and to repossess such Products or, alternatively, to claim specific performance of all the Customer’s obligations, in either event without prejudice to ITALCOTTO’s right to claim damages.

 

17           JURISDICTION

The Customer consents to the jurisdiction of the Magistrate’s Court in terms of section 45 of the Magistrate’s Court Act, No. 32 of 1944 in respect of any claims, notwithstanding that the amount of the claims may exceed the jurisdiction of such Court, which consent shall not preclude ITALCOTTO from instituting proceedings against the Customer in any other Court of competent jurisdiction.

 

18           DOMICILIUM

The Customer chooses domicilium citandi et executandi at the delivery address, alternatively at the address reflected in the Customer’s application for credit facilities.

 

19           APPLICABLE LAW

All transactions between ITALCOTTO and the Customer and the interpretation of the terms and conditions hereof shall be governed by and construed in accordance with the laws of the Republic of South Africa.