Terms And Conditions

TERMS & CONDITIONS OF SALE
Gravity Auto Parts (Pty) Ltd.
Tel: +27 83 252 4066 / +27 76 964 5601
Fax: +27 86 696 4530
Email: sales@gapsa.co.za
Website: www.gravityautoparts.com
Physical Address: 50 Paul Smit Street, Anderbolt, Boksburg, 1459
1. Definition
Unless the context dictates otherwise, the words and expressions set forth
below shall bear the following meanings and cognate expressions shall bear
corresponding meanings:
1.1. “Company” means Gravity Auto Parts (Pty) Ltd. (Registration Number:
2011/132046/07) a company duly incorporated in accordance with the laws of
the Republic of South Africa.
1.2. “CPA” means the Consumer Protection Act, 2008.
1.3. “Customer” means the buyer of the Goods.
1.4. “Goods” means the goods supplied by the Company.
2. Application of Terms and Conditions
The Customer agrees that all current and future orders for and sales of the
Goods are subject to the following terms and conditions, which the Customer
acknowledges to have read and understood.
3. Prices
3.1. The Company’s listed prices are subject to alteration at any time without prior
notice.
3.2. The prices contained in quotations, estimates and acceptances of orders are
based on the quantities and any other details specified therein and the
Company reserves the right to revise prices in the event of a change in the
quantities or any other details.
3.3. All prices quoted by the Company are subject to fluctuations in exchange rates,
duties, surcharges, freight and transport costs, and clearing agents’ charges. If
suppliers increase their prices, the Company shall be entitled to pass on these
increases to the Customer.
3.4. The prices quoted do not include charges for consultations, installation, training,
repairs or any other services. Such charges will be charged by the Company in
addition at its then current rates.
3.5. All prices quoted exclude Value Added Tax, unless otherwise stated.
3.6. A quotation by the Company is only open for acceptance within 7 (seven) days
from date thereof, unless otherwise agreed to in writing by the Company.
4. Payment Terms
4.1. Payment in respect of Goods must be made in advance on the date of order,
unless otherwise agreed to in writing by the Company. No Goods will be
released to the Customer until full payment has been received.
4.2. The price for the Goods must be paid in cash or via electronic funds transfer,
without any set-off or deductions and free of any costs, charges or exchange.
Payment via debit card, credit card or cheque will not be accepted.
5. Orders and Delivery
5.1. All orders are accepted subject to availability of Goods. The Supplier reserves
the right to withdraw any Goods from its catalogue.
5.2. Delivery dates and times are estimates only, although the Company will
endeavour to adhere to any stated delivery times. The period specified for
delivery on the Company’s quotation:
5.2.1. is exclusive of any period occupied in developing, altering or adapting tools or
any experimental work connected with the same;
5.2.2. shall commence from the Company’s final settlement of details and
specifications of the Goods and not from the date of order;
5.2.3. is subject to the lead time the Company is given by its suppliers.
5.3. The Company shall not be liable for any costs incurred by the Customer as a
result of any delay in the supply or delivery of the Goods.
5.4. Unless otherwise agree by the Company in writing, the Customer shall bear all
costs of transport of the Goods.
5.5. Delivery and passing of risk in the Goods shall be deemed to have taken place
when the Goods leave the Company’s premises. Notwithstanding the aforesaid,
ownership in the Goods shall remain vested in the Company until the full
purchase price in respect thereof has been paid in accordance with these terms
and conditions.
5.6. If the Customer or its agent fails to take delivery of the Goods, or in any way
delays the delivery of the Goods, then the risk in the Goods shall immediately
pass to the Customer and the Customer shall be liable to pay all reasonable
costs of storing, insuring, and handling the Goods until delivery takes place.
5.7. The Customer shall have no claim against the Company if the Goods fail to arrive
at their destination or for any loss of or damage to the Goods, arising from any
cause, while they are in transit, irrespective of who was responsible for the
transport or delivery.
5.8. The Company shall be entitled to cancel any order for Goods if the Customer
commits a breach of any of these terms and conditions, and fails to rectify such
breach within 5 (five) days of the Company’s notice requiring the Customer to
rectify such breach, or fails to make payment to the Company on due date.
6. Warranties and Indemnities
6.1. The Company makes no warranties regarding the Goods, other than as provided
for in terms of section 55 read with section 56 of the CPA.
6.2. The Company shall not be liable for and the Customer indemnifies the
Company from any claim, liability, loss, injury, damage, cost, expense or
penalty whatsoever and howsoever arising in relation to the Goods and the
use thereof, other than a claim for liability, loss, injury, damage, cost, expense
or penalty arising from or attributable to:
(a) harm as provided for in terms of the provisions of Section 61 of the CPA;
(b) the gross negligence of the Company or any person acting for or controlled
by the Company.
6.3. The Company shall not be liable for and the Customer hereby indemnifies and
holds the Company harmless from any claim, liability, cost, expense or penalty
suffered or incurred as a result of installation, use or maintenance of the
Goods which does not comply with the Company’s instructions.
7. Installation and use of the Goods
7.1. Employees of the Company are not allowed to install the Goods or work on any
vehicle.
7.2. It is the Customer’s responsibility to obtain an installation manual, safety
precautions and wiring diagrams and understand it before installations begins.
These are available on the CD accompanying the Goods and on the Company’s
website.
7.3. The Company recommends that the Goods should only be installed by an
installer approved by the Company. Notwithstanding the aforesaid, the
Company shall not be liable for any claim, liability, loss, injury, damage, cost or
expense arising from installation of the Goods by such an installer or any other
person or entity.
7.4. The Goods must be installed, used and maintained in accordance with the
Company’s instructions from time to time.
7.5. The Company offers a repair service on management systems only. The
Customer will be liable for the fees charged by the Company in respect of such
services from time to time.
7.6. The Customer must ensure that the Goods are used in accordance with all
applicable rules, laws and regulations in force from time to time. The Company
shall not be liable for any claims, costs, expenses or penalties arising from use
of the Goods in contravention of any rule, law or regulation.
7.7. In the event that the Customer sells the Goods to or installs them for third
parties, the Customer shall ensure that such third parties comply with the
Company’s instructions regarding the installation, use and maintenance of the
Goods. The Customer hereby indemnifies and holds the Company harmless
from any claim, liability, cost, expense or penalty suffered or incurred by the
Company as a result of the Customer not ensuring that the Goods are
installed, used and/or maintained by a third party in accordance with the
Company’s instructions.
8. Return of Goods
8.1. The Customer may only return Goods to the Customer in the event that they fail
to satisfy the requirements and standards contemplated in Section 55 of the
CPA, and then only within the periods set out in Section 56 of the CPA.
8.2. Subject to the provisions of clause 8.1, the Customer shall not be entitled to
return any Goods to the Company unless the Company agrees thereto to in
writing beforehand, the Goods are in the same condition as in which they were
sold and have not been used or damaged. In the event that the Company
agrees to the return of Goods, otherwise than in terms of the provisions of
clause 8.1, the Customer shall pay to the Company a handling fee in an amount
which is equal to 20% (twenty percent) of the price at which the Customer
purchased the Goods from the Company.
9. Force Majeure
In the event of any act of God, strike, war, warlike operation, rebellion, riot, civil
commotion, lockout, combination of workmen, interference of trade unions,
suspension of labour, fire, accident, or (without regard to the foregoing
enumeration) of any circumstances arising or action taken beyond or outside
the reasonable control of the Company preventing it from the performance of
any obligation to the Customer (any such event hereinafter called "Force
Majeure") then the Company shall be relieved of its obligations to the Customer
during the period that such Force Majeure continues and shall not be liable for
any delay or failure in the performance of any obligations or loss or damage
which the Customer may suffer due to or resulting from the Force Majeure.
10. General
10.1. This is the whole agreement between the parties containing all of the express
provisions agreed on by the parties with regard to the subject matter hereof. No
party may rely on any representation which allegedly induced that party to
enter into this agreement, unless the representation is recorded herein.
10.2. No agreement varying, adding to, deleting from or cancelling this agreement
and no waiver of any right under this agreement shall be effective unless in
writing and signed by or on behalf of the parties.
10.3. No relaxation by a party of any of its rights in terms of this agreement at any
time shall prejudice or be a waiver of its rights (unless it is a signed written
waiver) and a party shall be entitled to exercise its rights thereafter as if such
relaxation had not taken place.
10.4. If any provision of this agreement is, or becomes, invalid or unenforceable, it
shall be severable from the rest of the agreement, which shall continue to be
binding on the parties.