Terms & Conditions

STANDARD TRADING CONDITIONS OF INDEPENDENT ELECTRICAL SUPPLIER (PTY) LTD (Hereinafter referred to as the “company”)
The following terms and conditions shall apply to all contracts for the sale of goods by the “company” unless otherwise agreed in writing.
IT IS AGREED THAT;
In these conditions, words signifying the singular shall include the plural, reference to any individual shall include reference to a company and reference to “the Purchaser” shall be a reference to the customer of Independent Electrical Supplier. These conditions shall apply to all business conducted between Independent Electrical Supplier and “the Purchaser”, including, without limitation all goods sold.
PRICES
All quotations, acceptances of “the Purchaser’s” orders, and all sales of goods by Independent Electrical Supplier, are made upon the terms and conditions herein contained, unless agreed to by Independent Electrical Supplier in writing and to the exclusion of “the Purchaser’s” terms and conditions. All orders are subject to availability and Independent Electrical Supplier does not warrant or guarantee delivery dates.
CREDIT FACILITIES AND PAYMENTS
In the event that credit facilities are extended by Independent Electrical Supplier in writing, the price reflected on the Invoice shall be paid by “the Purchaser” without any deduction within 30 (thirty) days from statement date. Should credit facilities not be granted, or having been withdrawn, invoices are payable on presentation.
Discounts and rebates, as specifically agreed upon by Independent Electrical Supplier in writing will only be allowed on condition that “the Purchaser” effects payment timeously of all amounts owing. These terms may vary from time to time and are as agreed to with the authorized Independent Electrical Supplier representative. Overdue accounts will be charged at Prime interest rate plus 2%.
“The Purchaser” may not be entitled to set-off any amount which it may claim from Independent Electrical Supplier against any amount owing by “the Purchaser” to Independent Electrical Supplier.
In the event of “the Purchaser” failing to make any payment of any amount on due date, or “the Purchaser” and/or Surety committing any breach of any of the terms of this Agreement, Independent Electrical Supplier shall be entitled to defer deliveries until payment is made or the breach rectified and/or to cancel the sale of goods with “the Purchaser” and retake possession of any goods sold and delivered to “the Purchaser” but not yet paid for.
DELIVERY RISK AND OWNERSHIP
The risk in and to the goods purchased by “the Purchaser” shall pass to “the Purchaser” on delivery. Ownership of the goods shall, however, remain vested in Independent Electrical Supplier until paid in full.
Delivery documents and proof of transfer documents signed by “the Purchaser”, or on behalf of “the Purchaser”, shall constitute prima facie evidence that the goods have been delivered to and received by “the Purchaser” in good order and condition and in the quantities noted thereon whether signed by “the Purchaser”, an employee, an agent, a representative or nominated transporter of “the Purchaser”.
GOODS RETURNED FOR CREDIT
Any goods returned for Credit will be subject to a minimum handling charge of 20%.
REPLACEMENT OF GOODS
Independent Electrical Supplier shall not in any event, under any circumstances, be liable for any defects, shortage in delivery or any other deficiency, unless written notice is received by Independent Electrical Supplier within 24 (twenty-Four) hours of delivery specifying such defect, shortage, or other deficiency.
Independent Electrical Supplier’s sole obligation subject to compliance by “the Purchaser” with the contents of above shall be to replace the goods concerned or to make good the shortages.
INDEMNITY
Independent Electrical Supplier shall not, under any circumstances be liable for;
• Any direct or consequential loss suffered by “the Purchaser”, from whatsoever cause arising and whether in contract or delict; and/or
• Any claims brought by “the Purchaser” in consequence of any delays and/or shortages in delivery, or failure of the goods to comply with “the Purchaser’s” specifications and/or:
• Any damages suffered by “the Purchaser”, whether through accident, negligence, recklessness, third party fraud or any other cause.
GENERAL PROVISIONS
“The Purchaser” and/or Surety authorizes Independent Electrical Supplier to furnish Credit information concerning it to any credit bureau, or to any credit provider seeking trade references; and to request information concerning it from any bureau, or credit provider, in order for Independent Electrical Supplier to conduct a credit assessment or affordability assessment and/or to trace it.
“The Purchaser” undertakes to advise Independent Electrical Supplier, in writing, of any changes in the status of “the Purchaser” or to any change to the information on the application. Such notification must be received within 3 (three) days of “the Purchaser” becoming aware of the change of information or the date of the change of status.
“The Purchaser” undertakes to notify Independent Electrical Supplier, in writing, of any change in the legal persona of “the Purchaser”. Should such changes not be notified and acknowledged by Independent Electrical Supplier, in writing, there will be deemed to have been no change and “the Purchaser” will remain liable for payments of all goods supplied and delivered.
Any certificate issued by Independent Electrical Supplier and signed by a Manager or Director of Independent Electrical Supplier, whose appointment need not be proved, as to the existence and the amount of “the Purchaser’s” indebtedness and the Surety’s indebtedness to Independent Electrical Supplier, at any time, and as to the fact that such amount is due, and payable, the amount of interest thereon and the rate of interest applicable thereto and as to any other fact, matter, or thing relating to the indebtedness of “the Purchaser” and the Surety to Independent Electrical Supplier, shall be prima facie proof of the contents and correctness thereof and the amount of “the Purchaser’s” and the surety’s indebtedness hereunder for the purpose of Provincial Sentence, or Summary Judgement, or any proceedings against “the Purchaser” in any competent Court, and shall be valid as a liquid document for these purposes. Such certificate shall be binding upon “the Purchaser” and shall be deemed to be sufficient particularly for the purposes of pleading or trial in any action or other proceedings instituted by Independent Electrical Supplier against “the Purchaser”.
JURISDICTION
“The Purchaser” consents to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act No: 32 of 1944 (as amended) having jurisdiction under Section 28 of the said Act, notwithstanding that the claim by Independent Electrical Supplier exceeds the normal jurisdiction of the Magistrate’s Court as to the amount. Independent Electrical Supplier shall, in its discretion, be entitled to proceed against “the Purchaser” in any other Court of competent jurisdiction, notwithstanding the afore-going.
DOMICILIA CITANDI ET EXECUTANDI
“The Purchaser” hereby chooses domicilia citandi executandi for all notices and processes to be given and served in pursuance hereof at the chosen domicillium appearing on the Credit Facility Agreement or at such other address (es) as may from time to time be directed by “the Purchaser” in writing and acknowledged by Independent Electrical Supplier.