TERMS AND CONDITIONS - SALE OF GOODS
This document contains the terms that apply when you buy any goods from Kaap Agri Bedryf Limited including any of its subsidiaries, where applicable and amended from time to time (“Kaap Agri”) unless you entered into a Supply of Goods Agreement with Kaap Agri, in which event the provisions of the latter agreement is applicable in so far as it is contrary to the provisions of this agreement. Please read the terms contained in this document carefully.
Customer Services
If you do not understand these terms and conditions or if you are not satisfied with the quality of the goods purchased from Kaap Agri please contact us via our website.
Payment Terms
All purchases are on a cash basis unless you have concluded a written credit agreement with Kaap Agri.
If you purchased any goods on credit, the goods will remain our property until you have made payment in full.
The price of the goods does not include transport unless you have made other arrangements with us.
Delivery
If possible, and at your request, we may arrange for the delivery of the goods purchased. The cost of delivery is solely the responsibility of the purchaser.
Delivery costs is not included in the purchase price unless expressly agreed otherwise in writing between yourself and Kaap Agri.
Kaap Agri does not accept liability for damage to or loss of the goods while it is being transported by a third party whether arranged by yourself or by Kaap Agri on your request.
If an arrangement for delivery was made between yourself and Kaap Agri, Kaap Agri will at all times try to deliver the goods as close and safe as possible to the delivery address in the discretion of the Kaap Agri employee. The closest delivery point may be an area closest to the delivery address where the delivery vehicle can turn safely or the dedicated area in a complex which is approved for delivery.
Whilst Kaap Agri will do everything required to try to meet delivery arrangements, Kaap Agri may affect delivery of the goods at any time, which the purchaser acknowledges and accepts, and the purchaser is obliged to accept delivery in instalments. The purchaser further accepts that delivery dates serve as mere indications and may be subject to change at the discretion of Kaap Agri. Delivery will only be made to the chosen delivery address as agreed upon by Kaap Agri and the purchaser.
Damage to and any risks pertaining to goods purchased will be your responsibility or the responsibility of your assignee as soon as you or your assignee takes delivery of the goods at the Kaap Agri premises where said goods were purchased.
THE PURCHASER SHALL HAVE NO CLAIM AGAINST KAAP AGRI IN RESPECT OF THE ABOVE AND THE PURCHASER HEREBY INDEMNIFIES AND HOLDS KAAP AGRI HARMLESS AGAINST ANY DAMAGE, LOSS, DEATH OR INJURY, OF WHATSOEVER NATURE AND HOWSOEVER ARISING, SUFFERED BY THE PURCHASER OR ANY THIRD-PARTY END-USER.
Warranty of Quality and Exclusion of Liability
In terms of the Consumer Protection Act, 68 of 2008 (“CPA”) we are obliged to distinguish between purchasers who are consumers entitled to rely on the provisions of the CPA and those who are not. If you are an individual, or a legal entity with an annual turnover or asset value of less than R2 million, you are considered a consumer.
If you are a consumer you are entitled to receive goods which are of a good quality, are usable and durable for a reasonable period of time and are fit for the purpose for which those goods are normally intended and are safe and free of any defects. If you feel that you have not received goods which conform to this standard, you should contact us.
This warranty is in addition to any other express warranty which you might be given in respect of particular goods.
Unfortunately, Kaap Agri cannot accept any liability for claims which fall outside of the CPA or any express warranty.
Consumers entitled to rely on the CPA should note that all new parts installed during repair work, and the labour required to install it, are warranted for a period of three months after installation except for ordinary wear and tear or for damages caused by the misuse of the repaired goods.
Hazardous Goods
Some goods sold by Kaap Agri could be dangerous and hazardous by their very nature and manner of use. By purchasing these goods, you hereby confirm that you have inherent knowledge regarding the dangerous and hazardous nature of the goods.
You must take care to use and store these goods according to the manufacturer’s specifications and instructions for use.
You should obtain expert advice if you do not understand the manufacturer’s specifications or instructions for use or if you intend to use the goods for a purpose for which it is not ordinarily used.
Kaap Agri will not be held liable for any damage or loss which you may suffer as a result of the improper use of any goods.
Returns Policy
Purchasers will not be entitled to return any goods purchased from Kaap Agri for any reason whatsoever except to the extent allowed in the Kaap Agri Returns Policy. A copy of this policy is available at all Kaap Agri branches.
General
This entire agreement and any legal proceedings flowing from it will be governed by the laws of the Republic of South Africa.
Kaap Agri and the purchaser consent and agree that Kaap Agri may, but is not obliged to, have any dispute, disagreement or claim arising out of this agreement finally resolved in the Magistrate’s Court having jurisdiction in respect of the purchaser, notwithstanding that the amount in issue may exceed the jurisdiction of such Court.
In the event of Kaap Agri having to institute legal proceedings of whatsoever nature against the purchaser, the purchaser will be liable for Kaap Agri’s legal costs on the scale as between attorney and own client, including collection commission.
Notwithstanding anything to the contrary stated herein, Kaap Agri shall not be liable to the purchaser for any indirect, special or consequential damages and/or losses of whatsoever nature or howsoever arising (including but not limited to loss of revenue, loss of business opportunity and loss of data).
No agreement to amend, add to or otherwise vary or waive any of the provisions of this agreement, including this clause, or to cancel or terminate it shall be effective unless made in writing and duly signed by Kaap Agri.
Nothing in this agreement shall in any way, be interpreted or intended to transfer cede assign, make over or in any other way pass over any right title or interest in and to Kaap Agri’s intellectual property to the purchaser for the duration of this agreement or any part thereafter.
If any provision of this agreement, is found or held to be invalid or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
