Terms and conditions

Domicilium

THE CUSTOMER and the signatory hereto chooses their address where notices are to be served (Domicilium Citandi et Executandi) for all purposes arising out of this application as the Physical Address stipulated in this application.

Proof of Claims

A certificate signed by a manager or any director of GONUT reflecting the amount owing by THE CUSTOMER to GONUT, in respect of the credit facilities granted to THE CUSTOMER relating to THE CUSTOMER’S dealings with GONUT, and of the fact that such amount is due, owing and unpaid shall be prima facie proof of the effects therein stated for the purpose of any action (whether by way of provisional sentence or otherwise), proof of debt on insolvency or for any purpose whatsoever where the amount of such claims is required to be established, and it shall rest with THE CUSTOMER to prove that such amount is not owning and/or due and unpaid.

Consent to jurisdiction

Notwithstanding the amount which may at any time be owing by THE CUSTOMER to GONUT, the parties do hereby consent, in terms of Section 45 of the Magistrates Court Act (No 32 of 1944 as amended), to the Jurisdiction of the Magistrate’s Court for the determination of any action or proceeding which may be brought by GONUT against THE CUSTOMER arising out of any transaction between the parties, it being recorded that GONUT shall be entitled, but not obliged, to bring any action or proceeding in the said court.

Defaulting in payment

In the event of THE CUSTOMER defaulting in making payment of any amount that has become due and owing, then the full balance outstanding (whether due or not) will immediately become due and payable without notice to THE CUSTOMER.

Change of address

Thee CUSTOMER undertakes to notify GONUT forthwith in writing of any change of address.

Objections to statement

If THE CUSTOMER should fail to object to any item appearing on GONUT’S statement of account within fourteen days of date of the dispatch of the statements the accounts shall be deemed to be in order.

Change of ownership

THE CUSTOMER undertakes to notify GONUT, in writing, within seven days of any change in Ownership of THE CUSTOMER’S business, or should THE CUSTOMER be a company, of its share transactions whereby the majority shareholding is affected, failing which notice the entire balance owing, whether due or not, will immediately be deemed to be due and payable by THE CUSTOMER. In addition to the foregoing, THE CUSTOMER acknowledges that immediately upon any change of Ownership in THE CUSTOMER any outstanding amount whether due or not shall be deemed to be forthwith payable by THE CUSTOMER to GONUT.

Reservation of ownership

Until such time as THE CUSTOMER has paid the purchase price in full in respect of any purchase of goods, the ownership in and to all such goods shall remain vested in GONUT. GONUT shall, in its sole discretion, without notice to THE CUSTOMER, be entitled to take possession of any such goods which have not been paid for and in respect of which payment is overdue, in which event THE CUSTOMER shall be entitled to a credit in respect of the goods so returned being the price at which the goods are sold or the value thereof as determined by GONUT

Valid orders

In the event of any order being given to GONUT on an order form reflecting THE CUSTOMER’S name as the entity from which the order emanates, such order shall be deemed to have emanated from THE CUSTOMER, notwithstanding the fact that such order may have been given or signed by a person not authorised by THE CUSTOMER and such order will be deemed to constitute valid delivery. It is further the sole responsibility of THE CUSTOMER to determine that goods ordered are suitable for the purposes of the intended use.

Non-waiver of rights

Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on the part of GONUT shall not in any way operate as or be deemed to be a waiver by GONUT of any rights under this contract, or be construed as a novation thereof.

Payment to CREDITOR

GONUT does not appoint the Post Office as its agents for payments by post. All payments shall be made by Electronic Funds Transfer (EFT) into GONUT’S bank account, the details of which are disclosed on the invoice provided to the CUSTOMER. In the event of any payments being mislaid or lost in the post, THE CUSTOMER shall still be liable to GONUT for payment.

Credit terms

The credit terms are, unless amended in writing by a director/manager of GONUT, 30 (thirty) days nett, where such days are calculated from the date of statement. Settlement is effected only on receipt of cash or EFT. Any credit facilities granted to THE CUSTOMER by GONUT is entirely at the discretion of GONUT, and may be withdrawn at any time.

Interest on overdue accounts

GONUT shall be entitled to charge THE CUSTOMER interest at the rate of 2% per month in terms of the National Credit Act, provided however, that nothing contained herein shall be interpreted as obliging GONUT to afford THE CUSTOMER any such indulgence to effect payment after due date.

Consent to sharing information

THE CUSTOMER consents to GONUT sharing information on his account with GONUT, with other credit grantors and credit information agents. Information shared with such credit grantors and agents is used to make credit granting decisions, to prevent fraud and manage risk.

Delivery

THE CUSTOMER agrees that the signature of any agent, contractor, sub-contractor or employee of THE CUSTOMER on GONUT’S official delivery note/invoice/waybill, or the delivery note of any authorised independent carrier will constitute delivery of the goods purchased. Any delivery date stated on the order confirmation is approximate only. GONUT shall not be bound by that date, but will make all reasonable efforts to deliver by that date.

Whilst GONUT will endeavour to ensure that goods are delivered timeously, it shall not be responsible for any delays in the delivery of such goods, and THE CUSTOMER shall not be entitled to refuse acceptance of such late deliveries. GONUT shall in any event not be liable to THE CUSTOMER, or to any third party, for any loss of whatsoever nature as a result of goods not being delivered timeously.

The risk in and to the goods shall pass from GONUT to THE CUSTOMER on the date of delivery notwithstanding that ownership will not pass to THE CUSTOMER until full payment of the purchase price. Delivery shall be deemed to have taken place against signature of GONUT’S delivery note, or alternatively against signature of a waybill provided by an approved courier company if delivered to THE CUSTOMER.

In the event of GONUT acceding to any request by THE CUSTOMER to postpone delivery of the goods, or in the event of THE CUSTOMER failing to give GONUT sufficient information to enable it to process any order, THE CUSTOMER will pay any costs and expenses thereby incurred by GONUT.

THE CUSTOMER agrees that goods will be offloaded at the nearest accessible point on site. GONUT shall not be held responsible for any damage to any goods delivered during the delivery process, arising from any cause whatsoever.

GONUT should be informed within 7 (seven) days of invoice date of any discrepancy on stock incorrectly supplied.

Recovery of legal /collection costs

Should GONUT instruct its attorneys or collection agent to collect any overdue amounts, or to take any action against THE CUSTOMER in the implementation or protection of GONUT’S rights, GONUT shall be entitled to the recovery of all legal or collection costs arising there from, on the scale as between attorney, agent or collection agency and own client.

Responsibility for losses / damages or delays

GONUT will not be in any way responsible for losses, damages or delays caused by or arising from a natural and unavoidable catastrophe or acts of the State’s enemies, riots, lockouts, cessation of labour, transport delays, shortened hours of labour, accidents of any kind, insurrection, war, whether declared or not, the imposition of any trade boycotts or sanctions of trade restrictions by any government, authority, company or organisation or person or persons, whether within the Republic of South Africa or anywhere else, or any other cause or contingency whatsoever beyond the control of GONUT

Limitation of liability

GONUT shall not be liable to THE CUSTOMER for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the sale of goods and/or rendering of service

Warranty

GONUT warrants the FIRST purchaser of the Goods, that the product/s shall be free of any defects in materials and/or workmanship for a period of 12 months (one year) from the verifiable date of purchase. Such verification shall include a valid proof of purchase by the FIRST purchaser. Upon receipt of the Goods the first purchaser is under obligation to check the product for any visible defects.
The warranty shall constitute the sole remedy available under law to the first purchaser for any damage related to, or resulting from, a defective product. The warranty is strictly limited to the repair or replacement of the parts of this product at the discretion of GONUT
The warranty does not cover:

• Damage caused by unreasonable use and/or incorrect installation Labour charges for the removal or re-installation of replaced Goods, or
• Transport costs incurred in transporting the Goods to GONUT; or
• Consequential or incidental damage to property or person.

Jurisdiction of magistrate’s court – irrespective of value

THE CUSTOMER consents that at the option of GONUT (who shall be entitled but not obliged hereunder) any proceedings against THE CUSTOMER may be brought by the Magistrate’s Court, notwithstanding that the value of the claimable amount exceeds the jurisdiction of the Court.

Severability of clauses

Each clause of these conditions of sale is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/clauses shall not affect the balance of these conditions of sale, which shall remain of full force and effect.

Entire agreement

This contract contains the entire agreement between the parties and any other terms thereof whether express or implied or excluded here from and any variations, cancellations or additions to this contract shall not be of any force or effect unless reduced to writing and signed by the parties or their duly authorised signatories.