Conditions of Sale

The SELLER, being The Humansdorp Cooperative Limited ("the CO-OP") sells goods and renders services to members and other clients ("the Purchasers") as an intermediary subject to the following terms and conditions:

  1. Notwithstanding delivery, ownership in the goods passes only upon payment of the full purchase price inclusive of interest thereon but the risk therein passes to the PURCHASER upon delivery of the services or goods.
  2. The goods are sold "voetstoots" without any warranty, expressed or implied, against latent or patent defects of whatsoever nature and the CO-OP makes no representations as to whether the goods or services are fit for the purpose purchased. The CO-OP shall not in any way be liable for direct or consequential loss arising from any defect, albeit latent or patent, in the goods and/or services. Should any Court find that the CO-OP is liable for whatever reason, as mentioned above, the liability of the CO-OP will by agreement be limited to the maximum of the price of the products bought by the PURCHASER.
  3. The representations, statements or warranties of the CO-OP'S employees and/or agents and/or suppliers to the PURCHASER does not and shall not bind the CO-OP.
  4. The CO-OP shall not incur any liability in terms of any guarantee or warranty given by the manufacturer or supplier of any goods but the CO-OP shall upon request cede, without recourse, its rights in terms of such guarantee or warranty to the PURCHASER.
  5. If physical delivery of the goods is not taken on the premises of the CO-OP the following conditions shall apply:
    1. The transporter is the PURCHASER'S agent notwithstanding the fact that the CO-OP might pay the costs of carriage;
    2. Where delivery is effected to the PURCHASER at the premises of the CO-OP'S supplier, delivery to the PURCHASER is effected upon confirmation by the CO-OP of the address where the goods are to be supplied;
    3. Delivery by means of vehicles of which the CO-OP is the owner, is done at the PURCHASER'S risk and the PURCHASER absolves the CO-OP from all liability for any loss incurred during loading, conveyance and/or offloading;
    4. Where delivery is effected to the PURCHASER by anyone other than the CO-OP at the CO-OP'S request, the transporter shall be deemed to be the PURCHASER'S agent.
  6. Where the CO-OP performs work and/or supplies materials in connection therewith or otherwise renders services, the CO-OP shall at its cost repair any defects which may arise within 60 (sixty) days after date of this invoice as a result of improper workmanship or defective material supplied. Save as aforesaid the CO-OP shall not be liable to the PURCHASER or any third party for any direct or consequential damage caused by the aforesaid.
  7. The cost of any action arising therefrom shall be paid by the PURCHASER to the CO-OP on an Attorney-and-Client scale inclusive of collection commission, in the event of this transaction falling outside the ambit of the National Credit Act.
  8. Irrespective of the amount of the CO-OP'S claim, the PURCHASER consents to the jurisdiction of the Magistrate's Court having jurisdiction over his person.
  9. A certificate signed by any Manager of the CO-OP, whose appointment the CO-OP shall not necessary have to prove, shall be prima facie proof of whatever is certified therein, for purposes of summary judgment and/or judgment by default.
  10. The CO-OP shall be entitled to cede and/or assign its rights in terms of this Agreement.
  11. No indulgence, concession or failure to act timeously shall be construed as waiver by the CO-OP of its rights hereunder and shall not be construed as a novation or renewal in terms hereof.
  12. The PURCHASER renounces all benefits arising from the legal exceptions non numeratae pecuniae (money not paid), errore calculi (error of calculations), non causa debiti (no cause of debt), revision of accounts, and no value received, the meaning of which the PURCHASER declares himself to be acquainted with.
  13. The granting of credit for goods sold or the substitution thereof will only be considered if the original sales document is presented.
  14. A levy will be charged on all goods correctly supplied by the CO-OP that is returned for credit.