Terms & Conditions

A legal disclaimer

The Company CONDITIONS OF SALE

DEFINITION

1.1. "The Company" refers to Township Auto Spares cc and its subsidiaries.

PAYMENT

2.1. Payment must be made within agreed terms, not exceeding 30 days after the statement date, without deductions.

2.2. Overdue amounts incur monthly interest at the legal maximum rate, added to the outstanding balance.

2.3. Ownership of goods remains with The Company until full payment, but the Customer may sell them. Claims from resale are ceded to The Company as payment security.

DISCOUNTS

3.1. Prices are net, with discounts only if agreed in writing.

3.2. Discounts apply solely to goods’ price (excluding VAT, transport, insurance, etc.) and require on-time payment.

• DEFINITION

1.1. The Company refers to Township Auto Spares and any of its subsidiaries.

• PAYMENT

2.1. The purchase price of the goods listed shall be paid by the Customer to The Company without any deduction or set-off within the agreed trade terms, not exceeding 30 days after the statement date submitted by The Company.

2.2. The Company may charge interest on all overdue amounts at the maximum permissible rate for money lending transactions, as per relevant legislation. This interest will be calculated and payable monthly in advance on the first day of each successive month on the balance outstanding from time to time by the Customer to The Company and added to the amount due.

2.3. Ownership of all goods supplied by The Company remains with The Company until full payment is made, but the Customer may dispose of them in the ordinary course of business. The Customer's claims for the purchase price from ultimate purchasers are ceded to The Company as security for payment of outstanding amounts.

• DISCOUNTS

3.1. The price of goods sold is strictly net and not subject to any discount unless otherwise agreed in writing.

3.2. Any agreed discount only applies if payment is received by the due date and exclusively to the actual price of the goods, excluding value-added tax, transport costs, insurance, storage charges, or other duties or taxes.

• DELIVERY

4.1. Delivery is completed when goods are offloaded at the destination if transported by The Company vehicle, or when loaded if transported by a carrier engaged by the Customer.

4.2. Should The Company agree to engage a carrier at the Customer's request:

4.2.1. The Company is authorized to engage a carrier on appropriate terms and conditions.

4.2.2. The Customer indemnifies The Company against all claims by the carrier and liabilities incurred from transporting the goods.

4.3. Risk in the goods passes to the Customer upon delivery.

4.4. The Company is not liable for any complaints or claims regarding shortages or defects unless written notice is received within seven days after delivery.

4.5. The signature of any Customer employee or agent on delivery notes constitutes conclusive evidence of delivery.

4.6. Time of delivery is not essential.

4.7. Delivery dates given are approximate.

4.8. Obligations to deliver are suspended if beyond The Company's control.

4.9. The Company may suspend delivery if the Customer breaches any terms and conditions.

4.10. Delivery can be made in instalments, which the Customer must accept.

4.11. If the Customer fails to take delivery, risk passes upon tendering, and the Customer must cover storing and caring costs.

• SET-OFF

5.1. The Company may set off any indebtedness to the Customer against monies owed by the Customer to The Company.

• EXCLUSIONS

6.1. The Company's liability for damages is limited to the Manufacturer’s warranty, covering only product replacement.

6.2. The Company is not liable for loss of profit or damages arising from product sales or other causes. The Customer indemnifies The Company against all use-related claims.

6.3. The Company and its agents are indemnified under clauses 6.1 and 6.2.

6.4. The Company is not liable for failure to meet obligations due to causes beyond its control, including strikes, delays, political disturbances, and acts of State or Government.

• WARRANTY

7.1. The Company warrants compliance with the Manufacturer's standard specifications.

7.2. The Customer must ensure products delivered meet specifications before use.

7.3. Breach of warranty claims require proof of inspection, strict compliance with test specifications, timely notification, opportunity for The Company to inspect, and proper handling records.

7.4. Information provided by The Company is for information purposes and does not form part of the sale unless expressly stated.

7.5. The Company is not liable for loss or damage from the use of materials or information provided.

7.6. No representations or warranties are made concerning the suitability of goods for any purpose unless expressly given in writing.

• DEFAULT

8.1. In cases of Customer default or insolvency, The Company may demand immediate payment of outstanding amounts, cancel agreements, or suspend obligations without prejudice.

8.2. The Company’s rights in 8.1 are additional to common law rights.

8.3. Relaxation of obligations does not waive The Company’s right to enforce them later.

8.4. Upon contract cancellation, all amounts owed become immediately due, and The Company may repossess unpaid goods.

• JURISDICTION

9.1. The Company may institute proceedings in any Magistrate's Court having jurisdiction over the Customer.

9.2. The Customer agrees to be liable for legal costs, including collection and tracing costs.

9.3. A certificate from a director or manager showing the amount due is prima facie evidence for legal proceedings.

10. DOMICILIUM

10.1. The Customer’s head office address is nominated for service of notices and processes.

11. NEGOTIABLE INSTRUMENTS

11.1. Promissory notes or other instruments do not novate the debt, and the Customer waives presentment, notice of dishonour, and protest where applicable.

12. RETURN OF GOODS

12.1. The Company may claim a handling charge of 10% of the invoice price for returned goods correctly supplied and not faulty or subject to any claim.

13. INSURANCE

13.1. The Customer must keep purchased goods insured against all forms of loss.

13.2. Pending payment, insurance benefits are ceded to The Company.

14. LAW APPLICABLE

14.1. Contracts are governed by South African law.

15. RETURNABLE CRATES AND CONDITIONS

15.1. Crates and containers remain The Company’s property and are never sold. Deposits do not transfer ownership.

15.2. The Customer must return crates and containers in good order; otherwise, The Company may forfeit deposits.

15.3. Crates and containers must only be used for storing and transporting The Company products. Misuse results in deposit forfeiture and potential damages claims.

16. NON-VARIATION

16.1. Variations or cancellations of terms are only valid in writing and signed by both parties.

16.2. Waivers or abandonments of rights must be in writing and signed by The Company.

16.3. Relaxation of obligations does not constitute a waiver of rights, and The Company retains the right to enforce them.

16.4. These provisions prevail over contrary terms imposed by the Customer.

16.5. Representatives, agents, or salespeople cannot waive or vary conditions or make representations on behalf of The Company.