General provisions of sale
Insofar as no other agreement has been concluded in writing, the following shall apply:
Despatch may take place from any point or depot determined by Ote Group (Pty) Ltd (hereinafter referred to as “us”). Any order will only be binding on us after it has been explicitly accepted by us. Under all circumstances the order will be subject to the availability of products. After acceptance by us this order shall not be altered in part or in full in any way whatsoever except if both parties agree thereto in writing. VAT will be added, where applicable.
We shall in spite of the provisions of section 61 of the Consumer Protection Act No. 68 of 2008 not be liable for any loss or damage, direct or consequential, arising from any cause whatsoever including, but not limited to, loss or damage arising from the use, delivery, destruction, contamination, late delivery or non-delivery of any of our products, as well as the delivery of a wrong product(s). This exclusion of liability expressly also relates to loss or damage suffered by reason of negligence by us or any person (persons) for whose acts or omissions we may be liable in law. This exclusion also relates to defects latent or patent, in the products supplied. Our liability shall in all instances be limited to compensating the Buyer, either by way of credit or replacement of goods to a maximum of the invoiced value of the rejected goods, plus transport charges incurred by the Buyer in the delivery of the goods to him. The Buyer’s attention is specifically drawn to the fact that fertiliser has a limited shelve life, influenced by circumstances in which the fertiliser is stored. For instructions on the correct way to store fertiliser contact Ote Group (Pty) Ltd.
No representative, agent or salesman has the authority to deviate from these provisions and/ or make representations on our behalf, and no deviation from these provisions shall have any effect unless agreed to in writing by both parties.
1. Delivery shall be to a final point of delivery as specified by the Buyer in the order.
2. Except for the contents of 4(d) below, delivery shall be complete when the vehicle conveying the goods arrives at the final point of delivery specified by the Buyer in the order.
3. The SATS and/or road haulier(s) are deemed to be contractors of ours.
4. Risk shall pass to the Buyer when the vehicle conveying the goods arrives at the final point of delivery specified by the Buyer in the order.
5. We do not guarantee delivery to the Buyer, or delivery on a certain date, but we will endeavour to despatch the products as close as possible to the date(s) specified in the order.
6. The mass of the goods is guaranteed according to the notice of despatch at point of loading. Ote Group (Pty) Ltd will only consider weight variances of more than 1%.
7. We shall be entitled to charge the Buyer for any damages suffered by us as a result of refusal or delay by the Buyer to accept the whole or any part of any delivery.
All claims shall be in writing and lodged with us within twenty-four (24) hours of delivery of the goods to the Buyer. If this requirement is not complied with, all liability by us shall cease upon expiry of the period of twenty-four (24) hours.
Specifications and prices issued by us from time to time are for information only and do not constitute offers to sell. Orders/requisitions placed by our customers on our system, the G-PAY™ payment solution, are subject to acceptance by us and notification in this regard to the Buyer that they have been accepted. Orders/requisitions are accepted at prices ruling at the date of placing an order.
Payment terms are determined per order and acceptance of the order by us. Cash customers, either customers who deposit funds into their dedicated account on our system or customers who reserve funds to our benefit on their own bank account via our system agrees to a first payment of 10% of the order value at date of delivery and the remainder of the amount due on the date as per the order. Credit customers, customers for whom credit insurance could have been put in place successfully by us, agrees to a first payment of 10% of the order value before we process the credit facility against which the order can be place. We shall inform the client of the first payment due. The remainder of the order is payable on the date as agreed on the order. Buyers shall not, for any reason whatsoever, be entitled to deduct or set off any amount from or against amounts due as indicated in our accounts, unless such Buyers have been given prior written authority to do so. We shall be entitled to claim and be paid interest at the current ABSA Bank prime overdraft rate on any account which is not paid on or before due date.
- Legal charges
In the event of our taking any steps against the Buyer to recover any monies owing to us by the Buyer, the latter shall pay all tracing, collection and legal fees (as between attorney and client) incurred by us in our efforts to recover such monies.
- Interpretation of contract
This agreement shall be interpreted in terms of and governed by South African Law.
- Delay or impossibility of performance
We shall have the right to suspend the delivery of any of the goods to be supplied by us to the Buyer in terms of the contract of sale to the extent and for as long as such delay is caused by or attributable to any circumstances beyond our reasonable control, including, but not limited to, war sanctions, rebellions, strikes, breakdowns of machinery, civil commotion, inadequate supply of trucks, other transport, labour, raw material, floods, storms, official and unofficial boycotts or acts of State. Should the period of delay exceed two months, either party shall have the right to cancel, wholly or in part, the deliveries which should have been affected during the said period. The party who wishes to avail himself of the rights mentioned above, shall without delay notify the other party to such effect by means of a written communication. Neither party is responsible for any direct or indirect damage or loss that may be caused to the other party in consequence of the fact that deliveries are postponed or cancelled under the aforesaid circumstances. The delivery of all products offered is subject to the Buyer obtaining the necessary transportation authorisation