General Terms & Conditions

1.     DELIVERY

1.1  Titepack cc will endeavour to deliver all goods by the time mentioned in any order accepted by it, but unless specifically  agreed in writing, any given delivery date is approximate only and time is not of the essence of any sale.

1.2  If Titepack cc cannot make any delivery for any reason which is either wholly or partly beyond its control, then the obligations to make that delivery shall be suspended until Titepack cc can make it.  

1.3  Unless otherwise stipulated in writing, the customer shall take delivery of the goods at Titepack cc’s premises.

2.      OWNERSHIP AND RISK

2.1  Ownership of the goods shall vest in Titepack cc and shall only pass to the customer upon receipt by Titepack cc of the total contract price.  

2.2  The goods shall be at the customer’s risk as soon as they leave Titepack cc’s premises, irrespective of who is responsible for the delivery of the goods as tendered. The risk therein shall pass to the customer as soon as the customer is advised that the ordered goods are available form Titepack cc, even if the goods have not left Titepack cc’s premises, and all costs, directly or indirectly incurred by Titepack cc in storing,  acting for and invoicing the goods after such availability tender shall be paid by the customer to Titepack cc on demand.

3.     THE CONTRACT PRICE

3.1  The contract price :

3.1.1  Based on the cost of materials, components, accessories, labour, insurance, freight, railage, delivery, import duties, taxes and imports and rates of exchange prevailing at the date  on which the contract is entered into. The contract price shall automatically be varied to take account of any increase in any of these costs prior to the payment in full of the contract price.  The amount of the variation shall be determined, in the absence of agreement, by Titepack cc’s auditors for the time being acting as experts and not as arbitrators, and their decision shall be final and binding;

3.1.2  Shall be paid by the customer free of shall exchange in South African currency at Titepack cc’s address on the face hereof, within the stipulated period stated on the invoice in respect of the goods in question;  

3.1.3  shall bear interest at a rate equivalent to the maximum existing rate of money lending transactions payable by borrowers in terms of the Usury Act No, 73 of 1969, as amended, calculated and payable monthly in advance on the balance from time to time owing to Titepack cc, should the customer not make payment within the time period referred to in 3.1.2;

3.1.4  excludes the cost of physical delivery or as otherwise agreed upon in writing.

3.2  The customer shall not have the right to set-off any claim which it may have against Titepack cc against the contract price.

3.3  Notwithstanding any prior dealings between Titepack cc and the customer, all documents and other matter including cash, cheques, bank drafts or remittances sent to Titepack cc through the post shall be deemed not to have been received by Titepack cc unless or until they are actually delivered into the possession of Titepack cc by the postal authorities or placed in Titepack cc’s post office box, if so addressed. In the event of any dispute arising, the onus shall be on the customer to prove delivery and the mere proof of posting shall not discharge this onus or give rise to any inference of receipt by Titepack cc.  

4     WARRANTIES & REPRESENTATIONS

4.1  Any recommendations, formula, figure

4.1.1  advice, specification, illustration, diagram, price list, dimension, weight or other information furnished by Titepack cc is approximate and for information only, unless otherwise expressly stated in writing and does not form part of the basis of the basis of the sale.

4.2  Titepack cc shall not be liable under any circumstances whatsoever for any loss or damage and in particular, consequential damages, arising out of the use by the customer of any material or information referred to in 4.11  whether furnished negligently or otherwise.  

4.3  Titepack cc does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatever in respect of the goods or their suitability for any purpose, whether that purpose is notified to Titepack cc or not, save for Titepack cc’s warranty that the goods shall be free of any defects in respect of any parts and/or workmanship existing in the goods at the delivery date, and the provisions of 4.4.4 shall apply with any necessary modifications to this sub-clause.                               

4.4  If any such warranty or guarantee is given by Titepack cc and all or any part of the goods shall for any reason whatever to comply with that warranty or guarantee then:

4.4.1  The customer must notify Titepack cc orally within 48 (forty-eight) hours, and thereafter the customer becomes aware of the fact that the goods in question do not comply with the warranty or guarantee;

4.4.2 Titepack cc may inspect the goods in question at the customer’s premises;  

4.4.3  at its own expense, the customer shall return those goods to Titepack cc if Titepack cc so requires;

4.4.4  subject to compliance by the customer with the above, Titepack cc shall, in its discretion, either remedy that failure by adjusting, repairing or replacing those goods, or refund the whole or part (as the case may be) of the contract price paid to it by the customer in respect of such goods.

4.4.5  save for 4.4.4, the customer shall not have any other claim whatsoever against Titepack cc.

5.     EXCLUSION OF LIABILITY

5.1  Titepack cc shall not be liable to the customer or any other person for any loss of profit or other special damages or any consequential damages whatever arising out of any breach by Titepack cc of any of its obligations under these conditions or out of any other cause whatsoever.  

5.2  The customer indemnifies Titepack cc against any claim which may be made against Titepack cc by any other person in respect of any matter for which the liability of Titepack cc is excluded in terms of 5.1.

6.     BREACH

6.1  The customer :  

6.1.1  commits a breach of any of these conditions or;

6.1.2  being an individual, is provisionally or finally sequestrated or surrenders his estate, or  

6.1.5  being a partnership, is dissolved or

6.1.4  being a company, is placed under provisional liquidation or judicial management, or compromises or attempts to compromise generally with its creditors;

then in any of these events Titepack cc may summarily cancel the contract by giving the customer written notice to that effect, without prejudice to any rights which it may have as a result of that breach or cancellation.  

6.2  Upon the cancellation of the contract for any reason whatsoever, Titepack cc may repossess the goods if ownership has not been passed to the customer in terms of clause “2” above.  

7.     GENERAL

7.1  No variation of these conditions shall be of any force or affect unless it is recorded in writing and signed by Titepack cc’s authorized officer for the time being.

7.2  No representative, agent or salesman has any authority to waive or vary any of these conditions or   make any representations whatever on behalf of Titepack cc.

7.3  No indulgence, extension of time, relaxation or latitude which Titepack cc may permit at any time in regard to the  carrying out of any of the customer’s obligations shall prejudice Titepack cc in any manner whatsoever or be a waiver by Titepack cc of any of its rights against the customer.

7.4  The customer consents to Titepack cc instituting any proceedings arising out of this contract in any Magistrate’s Court having jurisdiction over the customer, irrespective of the amount of the claim.

7.5  The customer shall pay all costs of whatsoever nature, including all attorney and client  costs of both customer and Titepack, incurred by either  party cc as a result of Titepack cc having to take any legal action against the customer.

8.     DOMICILIUM AND NOTICES