SALE OF GOODS TERMS AND CONDITIONS

(hereinafter referred to as the “Terms and Conditions”)

1. INTRODUCTION

This document sets out the terms and conditions that apply when you buy any goods, including fuel where applicable and as recorded below (“Goods”) from Agrimark Operations Limited including any of its subsidiaries, where applicable from time to time (“Agrimark”) unless you entered into a Supply or Trade Agreement with Agrimark, in which event the provisions of any of the latter agreements are applicable in so far as it is contrary to the provisions of these Terms and Conditions. Please read these Terms and Conditions . Should you choose not to read these Terms and Conditions, you do so at your own peril and they will remain binding on you, as if you have read and understood said Terms and Conditions.

2. CUSTOMER SERVICES AND COMPLAINTS

If you do not understand these Terms and Conditions, alternatively, if you are not satisfied with the quality of the Goods purchased from Agrimark, alternatively, should you wish to raise a complaint against Agrimark, please contact us via our website.

3. PAYMENT TERMS

All purchases are on a strictly cash only basis unless you have concluded a written credit agreement with Agrimark, and save for the exceptions under clauses 9 and 10 below.
If you purchased any Goods on credit, the Goods will remain Agrimark’s property until you have made payment in full.
The price of the Goods excludes transportation costs unless you have made alternate arrangements with Agrimark.

4. DELIVERY

If possible, and at your request, Agrimark may arrange for the delivery of the Goods purchased. The cost of delivery is your sole responsibility, as the purchaser.
Delivery costs is not included in the purchase price unless expressly agreed otherwise in writing between yourself and Agrimark.
Agrimark 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 Agrimark on your request.
If an arrangement for delivery was made between yourself and Agrimark, Agrimark will at all times try to deliver the Goods as close and safe as possible to the delivery address in the discretion of the Agrimark 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.
All deliveries by Agrimark expressly excludes the opening, assembling and/or installation of the Goods. Agrimark employees are, under no circumstances, permitted to open, assemble and/or install the Goods, even in the instances where you request an Agrimark employee to attend to the opening, assembling and/or installation of the Goods at a nominal fee without the knowledge of Agrimark. The Agrimark employee is not allowed to accept any monetary amounts from yourself, and should an agreement be reached in this manner between yourself and the Agrimark employee, Agrimark does not carry any risk in respect of such agreement nor will Agrimark be liable for all or any losses or damages resulting from such agreement.
Whilst Agrimark will do everything required to try to meet delivery arrangements, Agrimark 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 Agrimark. Delivery will only be made to the chosen delivery address as agreed upon by Agrimark 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 Agrimark premises where said Goods were purchased

5. EXCLUSION OF LIABILITY AND WARRANT OF QUALITY

In terms of the Consumer Protection Act, 68 of 2008 (“CPA”), Agrimark 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, Agrimark 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.
As recorded above under clause 4.5, Agrimark does not carry any risk in respect of the opening, assembling and/or installation of Goods as agreed between yourself and an Agrimark employee, and Agrimark will not be liable for all losses or damages resulting from this

6. HAZARDOUS GOODS

Some Goods sold by Agrimark 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.
Agrimark will not be held liable for any damage or loss which you may suffer as a result of the improper use of any Goods.

7. RETURNS POLICY

Purchasers will not be entitled to return any Goods purchased from Agrimark for any reason whatsoever except to the extent allowed in the Agrimark Returns Policy which can be located at https://www.agrimark.co.za/legal-prints/29. A copy of this policy is available at all Agrimark branches.

8. INDEMNITY

YOU HEREBY AGREE THAT YOU SHALL HAVE NO CLAIM AGAINST AGRIMARK IN RESPECT OF TEHSE TERMS AND CONDITIONS, AND YOU HEREBY INDEMNIFY AND HOLD AGRIMARK HARMLESS AGAINST ANY DAMAGE (INCLUDING BUT NOT LIMITED TO CONEQUENTIAL DAMAGES), LOSS, DEATH OR INJURY, OF WHATSOEVER NATURE AND HOWSOEVER ARISING, SUFFERED BY YOURSELF OR ANY THIRD-PARTY END-USER.

9. FUEL ORDERS

In addition to the terms and conditions contained herein, the following terms and conditions under this clause 9, as well as the terms and conditions as contained in Agrimark’s credit application, applies to orders for diesel (“Fuel”) placed through Agrimark’s online platform. Therefore, by placing an order for Fuel through Agrimark’s online platform, you agree to the specific terms and conditions contained herein.
In order to purchase Fuel using Agrimark’s online platform, you must have an existing customer account with Agrimark, with sufficient funds available, for the purchase of Fuel. Should you not have the requisite funds available, you will not be permitted to place an order for the purchase of Fuel. For clarity purposes, cash sales for Fuel are not permitted.
Your order constitutes an offer to purchase Fuel. All orders are subject to acceptance by Agrimark, which Agrimark may confirm by delivering the Fuel to the location linked to your existing Agrimark account.
All orders are subject to availability of the requested Fuel type at the time of delivery.
Agrimark reserves the right to refuse or cancel an order if the requested Fuel is not available or if any other issue arises in respect of your order.
Delivery will be made to the location linked to your existing Agrimark account. You must ensure that someone is present at the aforementioned delivery location to receive the Fuel during the scheduled delivery window.
Should you wish to amend the delivery location, please contact Agrimark directly and obtain confirmation of change of delivery location in writing from Agrimark.
Agrimark will make reasonable efforts to deliver the Fuel within the agreed timeframe, but delivery times are not guaranteed and may be affected by factors beyond the control of Agrimark.
The price of the Fuel will be as quoted on Agrimark’s online platform at the time you place your order, however, such prices are subject to change at any time prior to the delivery of the Fuel.
The final price for the Fuel shall be determined at the date of delivery.
Any price quoted prior to delivery is subject to change, based on market conditions, availability, or other factors, without notice to you.
You agree that the price applicable at the date of delivery shall govern the transaction.
You will be invoiced for the full amount of the Fuel purchased on the date of the delivery and the amount invoiced will be debited to your existing Agrimark account.
All orders may only be cancelled prior to delivery thereof, and with the written consent of Agrimark. Should you wish to cancel your order, please contact Agrimark directly.
Agrimark reserves the right to cancel your order if Agrimark are unable to fulfil the order due to reasons such as technical issues, delivery constraints, or other unforeseen circumstances.
Agrimark shall not be liable for any direct loss or damage arising from Agrimark’s failure to deliver the Fuel in accordance with these Terms and Conditions, and in any event, any liability to you will be limited to the purchase price of the Fuel invoiced to yourself.
Agrimark are not liable for any indirect, incidental, or consequential damages arising from the use Agrimark’s online platform or the delivery of Fuel to yourself.

10. ENDLESS AISLE PAYMENTS

In addition to the terms and conditions contained herein, the following terms and conditions under this clause10, as well as the terms and conditions as contained in Agrimark’s Credit Application, applies to all payments made through Agrimark’s online platform to third-party service providers (“Service Providers”) and/or suppliers. Therefore, by making a payment to a Service Provider or third-party through our online platform, you agree to the specific terms and conditions contained herein.

Services received

You are able to pay selected Service Providers using your Agrimark account through Agrimark’s online platform.
To render payment to a Service Provider using Agrimark’s online platform, you must have an existing customer account with Agrimark, with sufficient funds available, for the payment to take place. Should you not have the requisite funds available, you will not be permitted to make the payment to the Service Provider.
By making a payment to a Service Provider using Agrimark’s online platform, you confirm that you have duly received the requisite service from the Service Provider. Agrimark will not be held liable for any services not received by yourself from the Service Provider.
By instructing Agrimark to make a payment on your behalf, you authorise Agrimark to debit your account accordingly.
You are responsible for providing accurate and complete payment instructions to Agrimark.
Payment instructions may include specific details such as the recipient's name, reference number, account number, payment amount, and any other necessary information required for the transaction.
Agrimark will only process payments based on the instructions provided by you.
While Agrimark will make reasonable efforts to process payments promptly and accurately, Agrimark is not responsible for delays or errors caused by incorrect information provided by you or circumstances beyond Agrimark’s control.
You agree to pay all applicable fees and charges associated with the payment services provided by Agrimark.
Fees may include transaction fees, currency conversion fees, and any other charges that may arise at the time of the transaction.
Agrimark will take reasonable measures to protect the security of your payment information and transactions, however, you acknowledge that no method of transmission over the internet or electronic storage is completely secure, and Agrimark cannot guarantee the absolute security of your data.
Agrimark shall not be liable for any direct loss or damage arising from Agrimark’s provision of payment services in accordance with these Terms and Conditions, and in any event, any liability to you will be limited to the amount of the transaction in question.
Agrimark are not liable for any indirect, incidental, or consequential damages arising from the use of its payment services.
You may cancel a payment instruction before it has been processed, subject to Agrimark’s written consent. Should you wish to cancel your order, please contact Agrimark directly.
Should you dispute the services rendered by the Service Provider, you are requested to contact the Service Provider directly in respect of such dispute. In the case of any refunds, if applicable, from the Service Provider, such refund will be credited to your Agrimark account by Agrimark.
In amplification of the aforementioned, Agrimark is not in any way or form responsible, or liable, for the service provided the Service Provider, the quality of the service provided by the Service Provider, any warranties provided by the Service Provider, any disputes with Service Provider and any other interactions between yourself and the Service Provider.

Direct Orders

You are able to pay select suppliers directly using your Agrimark account through Agrimark’s online platform in the case of direct orders from yourself to the supplier concerned.
To render payment to a supplier using Agrimark’s online platform, you must have an existing customer account with Agrimark, with sufficient funds available, for the payment to take place. Should you not have the requisite funds available, you will not be permitted to make the payment to the supplier concerned.
The price of the Goods will be as quoted on the supplier’s invoice at the time you place your order, however, such prices are subject to change at any time prior to the delivery of the Goods.
Any price quoted prior to delivery is subject to change, based on market conditions, availability, or other factors, without notice to you.
You will be invoiced for the full amount of the Goods as reflected on the supplier’s invoice and the amount invoiced by the supplier will be debited to your existing Agrimark account.
All orders may only be cancelled prior to delivery thereof, and with the written consent of Agrimark. Should you wish to cancel your order, please contact Agrimark directly.
Delivery will be made to the location linked to your existing Agrimark account. You must ensure that someone is present at the aforementioned delivery location to receive the Goods during the scheduled delivery window.
Should you wish to amend the delivery location, please contact Agrimark and/or the supplier directly and obtain written confirmation of such amendment from Agrimark and/or the supplier.
By instructing Agrimark to make a payment on your behalf, you authorise Agrimark to debit your account accordingly.
You are responsible for providing accurate and complete payment instructions to Agrimark.
Payment instructions may include specific details such as the recipient's name, reference number, account number, payment amount, and any other necessary information required for the transaction.
Agrimark will only process payments based on the instructions provided by you.
While Agrimark will make reasonable efforts to process payments promptly and accurately, Agrimark are not responsible for delays or errors caused by incorrect information provided by you or circumstances beyond Agrimark’s control.
You agree to pay all applicable fees and charges associated with the payment services provided by Agrimark.
Fees may include transaction fees, currency conversion fees, and any other charges that may arise at the time of the transaction.
Agrimark will take reasonable measures to protect the security of your payment information and transactions, however, you acknowledge that no method of transmission over the internet or electronic storage is completely secure, and Agrimark cannot guarantee the absolute security of your data.
Agrimark shall not be liable for any direct loss or damage arising from Agrimark’s provision of payment services in accordance with these Terms and Conditions, and in any event, any liability to you will be limited to the amount of the transaction in question.
Agrimark are not liable for any indirect, incidental, or consequential damages arising from the use of its payment services.
You may cancel a payment instruction before it has been processed, subject to Agrimark’s written consent.
In amplification of the aforementioned, Agrimark are not in any way or form responsible, or liable, for the Goods provided by the supplier, the quality of the Goods provided by the supplier, any warranties provided by the supplier, any disputes with supplier and any other interactions between yourself and the supplier.

11. GENERAL

These Terms and Conditions and any legal proceedings flowing from it will be governed by the laws of the Republic of South Africa.
For the purposes of this clause, the term "Force Majeure" means any act of God, fire, riots, war, or any other cause beyond reasonable control of Agrimark which renders Agrimark unable to perform any obligation arising under these Terms and Conditions. Agrimark shall not be liable for delay or failure to perform any obligation under these Terms and Conditions if the delay or failure is caused by Force Majeure subsisting for no more than 30 (thirty) days. If such delay or failure continues for a period of no less than thirty 30 (thirty) days, Agrimark shall be entitled to terminate your order by written notice to you.
Nothing contained herein 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 Agrimark’s intellectual property to you at any time. For the sake of clarity, Agrimark shall be the sole owner and title holder of its right and interest in and to its intellectual property, that it holds and/or owns, at all times.
You agree that you will refrain from making any disparagement, defamation, libel, or slander statements about Agrimark on any public platform, including that of social media platforms, at any time.
You consent and agree that Agrimark 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 yourself, notwithstanding that the amount in issue may exceed the jurisdiction of such Court.
In the event of Agrimark having to institute legal proceedings of whatsoever nature against the purchaser, you will be liable for Agrimark’s legal costs on the scale as between attorney and own client, including collection commission.
Notwithstanding anything to the contrary stated herein, Agrimark shall not be liable to yourself 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 Agrimark.
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 Agrimark 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.