GENERAL TERMS AND CONDITIONS OF CONTRACT
- For the purpose hereof, the term ”work” shall include
- The sale of all parts,
- The performing of all services and repairs,
- The performance of all panel beating, spray-painting and other repairs,
- The performance of all outside work by subcontractors of the company,
- As well as any reconditioning undertaken by the Company on behalf of the applicant.
- These terms and conditions shall apply to any contract in terms of which the Company agrees to carry out any work for the applicant whether the contract arises out of
- Any offer made by the Company and accepted by the applicant or –
- Any offer made by the applicant and accepted by the Company, including any such offer made by the applicant in response to a quotation made by the Company.
- No alteration or variation of these terms and conditions shall be of force or effect unless reduced to writing and signed by a duly authorised representative of the Company and by the applicant.
- The singular shall include the plural and vice-versa and the neuter gender shall include the feminine and masculine genders.
- Each clause of this application is severable the one from the other and if any clause is found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining clauses shall continue to be in full force and effect.
- The applicant by its signature or signature on its behalf on this document accepts that all transactions and dealings between it and the Company relating or in any way incidental or connected to the sale of goods or the performance of work, shall be governed by and subject to the terms and conditions contained herein notwithstanding any such sales or contracts are conducted otherwise that on credit terms.
- Time shall not be of the essence of the contract and nor shall the Company be strictly bound by any date or dates agreed upon in any contract for the supply of goods or the completion of the work but the Company shall make all reasonable efforts to supply or complete the work done by such date or dates.
- The Company means MAS Corporation (PTY) LTD, Reg No: 1996/000999/07 trading as MASCOR.
- The Applicant means the Person, Firm, Company, Close Corporation, trust or other entity buying from the Company.
- The Applicant chooses the physical address as the address at which all documents and processes may be served.
- The applicant undertakes to notify the Company within 7 days of any change of the physical address or change of its bankers or bank account number.
- CREDIT TERMS
- No indulgence whatsoever granted by the Company to the Applicant shall prejudice the rights of the Company under the agreement or in law. Should the Company require the applicant to pay the debt in instalments and if any one payment is not paid on due date, then the full balance will immediately become due and payable and the Company shall be entitled to proceed against the Applicant on the original cause of action.
- The Applicant consents to the Company making whatever enquires it feels necessary in assessing the applicant’s application for credit. If the credit is approved, the applicant further consents to the company recording and disclosing details about the conduct of the applicants account.
- The applicant consents to credit checks being conducted in respect of its credit worthiness and the company may list it with a Credit Bureau in the event of any default.
- The Company may at any time at its discretion withdraw credit facilities granted to the Applicant and require full payment of all amounts owing to the Company.
- Should extended credit facilities be required, the applicant undertakes to apply for the company’s consent before incurring the debt, and in such event, agrees to abide by any conditions or stipulations imposed by the granting of such extended terms.
- The applicant agrees that in the event of any cheque or other form of payment being dishonoured, the Company shall be authorised to furnish details thereof to an appropriate Credit Agency or similar institution, which may use such information for the purpose of assessing the future credit worthiness of the applicant.
- CONTRACT PRICE
Unless otherwise agreed in writing, the contract price shall be determined by the Company’s standard rates and charges prevailing at the time the work was carried out.
- The applicant shall pay in full for all purchases and work done not later than 30 days from the date of the Company’s monthly statement of account.
- The payment for all work performed shall be made in cash upon completion of the work, unless otherwise agreed, and shall be paid free of Bank and other charges and without deduction or set-off. The applicant hereby agrees that the Company may retain the vehicle, or any other item on which work is performed, as security for the payment of the contract price, and may retain such vehicle or goods until the contract price is paid in full.
- Any amount not paid by the customer on the due date shall bear interest at the maximum rate permissible in accordance with Section 105 of the National Credit Act No.34 of 2005, compounded monthly. Such interest shall be due from the date of which payment falls due until the date on which the payment is received by the Company
- In the event of any one payment not being honoured on the due date, the full and outstanding balance shall immediately become due and payable together with the interest and any legal fees.
- Payment of any amount owing by the applicant to the company shall not be withheld pending the settlement of any dispute or counter – claim whatsoever.
- The contract price is strictly nett and not subject to any discounts unless otherwise agreed in writing.
- If any discount is agreed to in writing, it shall only be allowed if the payment is received by the Company by the due date.
- If the work is to be performed on the Company’s premises, then the applicant shall at the applicant’s cost:
-Deliver the article(s) to be repaired or on which the work is to be carried out, to the Company at its premises.
-On the completion of the work collect such article(s) from the Company premises.
- The Company shall not be strictly bound by any date(s) agreed upon in the contract for the completion of the work, but shall make all reasonable efforts to complete work at such date(s).
- c) Any goods ordered by the applicant from the Company shall be deemed to have been delivered by the Company to the applicant, immediately the goods leave the premises of the company.
All or any part of the work to be carried out by the Company may be carried out by it or on its behalf by any agent and sub-contractor appointed by it.
The company shall be exempt from and shall not be liable under any circumstances for:
- Any indirect or consequential damages of any nature or any loss of profits or other special damages of any nature, which the applicant may suffer as a result of any breach of the company of any of its obligations under this contract.
- Any loss of or damage to any property of the applicant delivered to the Company for the purposes of the contract, even if the loss or damage arises out of any negligence on the part of the company, its servants, agents or sub-contractors.
- The Company shall not be liable to the applicant for any claim of any nature whatsoever made by the applicant unless the claim is made in writing within 10 (ten) days after delivery.
- The company’s liability in respect of any goods or workmanship shall be limited to replacing or repairing the defective workmanship at the election of the Company or refunding the price paid by the applicant.
- It is specifically agreed by the applicant that all work shall be collected within 90(ninety) days after completion and any item not so collected at the expiry of this period may be disposed of by the company to defray the expenses of the work incurred.
- The Company shall provide no warranty or guarantee in respect of the work performed, save where the Company provides an express warranty or guarantee in writing and which is intended by the Company to form part of the contract.
- The applicant shall not have any claim of any nature whatsoever against the Company for any failure by the Company to carry out any or all of its obligations under the contract where such failure is caused either directly or indirectly, or partly, by any circumstances which is beyond the reasonable control of the Company.
- CUSTOMER ACCOUNT
If any amount is owed by the applicant to the Company from any cause whatsoever under this contract and not paid on due date, the without prejudice to any other rights which the Company may have in the law, the Company may;
- Required that all amounts then owed to it by the applicant from any cause (and whether under this contract or not) shall immediately become due and payable.
- Retain in its possession any goods of the applicant until all these amounts have been paid.
- Until payment is made, suspend the carrying out of any of its then incomplete obligations from any cause whatever and whether under this contract or nor; or
- Terminate any credit facilities granted to the applicant, whether under this contract or not; or terminate the contract.
The applicant consents to the jurisdiction of the Magistrates Court having jurisdiction in terms of Section 28 of its Magistrates Court Act, No.32 of 1994 in respect of any action brought against the applicant by the Company and agrees to pay the costs of such proceedings on the attorney and client scale together with any collection commission that the company’s attorneys are obliged to charge it and any tracing agents charges reasonably incurred by the company in ascertaining the applicant’s whereabouts.
- DISMANTLING AND QUOTING
In the event of it being necessary to strip and/or dismantle any equipment in order to prepare a quotation for repairs, the following conditions shall apply;
- The Company shall be entitled to dismantle the equipment to such an extent as it may deem necessary in order to prepare the quotation for repair.
- The applicant shall be liable for all costs incurred by the Company in dismantling the equipment and which shall be charged at the Company’s current rates, and
- In the event of the applicant not accepting the Company’s quotation, the applicant shall accept and remove the equipment in its stripped-down condition, provided that the applicant shall only be permitted to remove the stripping and in the preparation of the quotation.
Should the applicant not collect the work at the appropriate time, or should the Company for any other reason have to store the goods, the Company shall not be liable for any loss or damage goods, irrespective of how such loss or damage occurs, and irrespective of whether it is in any way attributable to the negligence of the Company, or any of its servants, agents or subcontractors. The Company shall be entitled to levy reasonable storage charges as well as any other charges incurred in the preservation of the goods.
Where the work performed involves the servicing, maintenance, and / or repair of any vehicle or equipment belonging to the applicant:
- The applicant hereby authorises the Company or any of its employees, agents or subcontractors, to drive the vehicle or equipment for the purpose of testing, or for the purpose of removing the vehicle or equipment to and from the premises of any subcontractors, or driving the vehicle or equipment within the workshop of the Company or of any of its subcontractors.
- The applicant hereby acknowledges that any such driving shall be at the sole risk of the applicant.
- PARTS SALES
In the event of the applicant purchasing parts from the Company;
- It is expressly agreed that the Company provides no warranty and that the parts supplied will be for the sole purpose for which the applicant may intend them.
- The Company shall not be liable for any loss caused by parts failure where parts are sold to the applicant and are thereafter fitted to any vehicle or equipment by the applicant.
- It is hereby agreed that this exclusion shall cover the Company and exempt it from loss of all and any damages suffered by the applicant, whether such loss relates to loss of profit or damages, whether direct or indirect, consequential or otherwise, foreseen or otherwise.
- LOSS OR DAMAGE
The Company shall not be responsible for any loss or damage which is suffered by the applicant in respect of any vehicle, or any items in any vehicle, or any goods o equipment left or deposited with the Company, whilst such vehicle, items or equipment is on the premises of the Company or on the premises of any agent, employee or subcontractor of the Company for the purpose of performing the work on the vehicle or equipment.
The applicant also agrees that the Company shall be exempted from all liability even where the loss is caused by the negligence of the Company, its employees, agents or subcontractors.
- LEGAL COSTS
In the event of the applicant failing to pay any amount timeously and the Company referring the collection of such amounts to its attorneys, the Customer shall be liable for such collection commission as may become payable and for all costs arising from the recovery of any amount owing by the customer, including attorney and own client costs.
- LANDLORD’S HYPOTHEC
It is recorded that all goods in respect of which ownership is reserved and which still rest in the Company do not fall under the Landlord’s Hypotech and the Company does not consent to such goods being subject to the Landlord’s Tacit Hypotech. The applicant undertakes to advise the landlord of the Provisions of this clause.
- All claims submitted on behalf of the applicant are to be paid for in accordance with the Company credit terms. Once credited by the manufacturer to the dealer, only then will this claim be credited to the applicants account.
- Any claims short paid by the manufacture is the responsibility of the applicant to settle in full
We reserve the right to proceed in the High Court of South Africa in terms of any breach of contract irrespective of the amount in dispute.
- RESERVATION OF OWNERSHIP AND RISK
- The ownership of any goods sold by the company to the applicant shall not pass to the applicant until payment of the full purchase price is received by the Company.
- The risk in any goods sold shall pass to the applicant on delivery thereof, notwithstanding the reservation of ownership herein.
- If payment of the purchase price of any goods sold to the applicant becomes overdue in whole or in part then, without prejudice to any of its rights, the company (or its agent) shall be entitled, without notice, to cancel the sale and recover possession of its goods or any part of them to resell and shall be entitled to enter upon the customer’s premises for the purpose of such re-sale or for the purpose of inspecting the contents of such premises or for the purpose of re-taking possession of it goods (where such re-taking is allowed by law).
- If such goods have been incorporated in or used in the manufacture or make-up of other goods before full payment of the purchase price, ownership of the whole of such other goods shall vest in, and remain with, the company until such payment has been made or the other goods have been sold as aforesaid and all the company’s rights hereunder in the goods shall extend to those other goods.
- If third parties try to assert or substantiate rights of any goods in which the company still has any property rights, the applicant shall be obligated to inform the company of any such action immediately, and the company shall be entitled to take whatever action it may deem necessary to protect its rights, including the cancellation of the sale and repossession or re-sale of the goods. In the event of any such cancellation of the sale, the customer undertakes to look after and keep the goods in good order until possession or re-sale by the company and, upon request from the company, the customer undertakes to hand over and return the goods to the company.
- Risk in any goods ordered by the applicant form the company and transported by a carrier or transporters, shall pass to the applicant immediately the goods are delivered, notwithstanding that such a carrier or transporters may be an employee, sub-contractor, representative or agent to the company.
- The provisions of the clause shall prevail notwithstanding anything to the contrary contained in these Conditions of Sale.