CONDITIONS OF SALE
In these Conditions of Sale “the Supplier” shall mean QUANTUM COLOURS CC and “the Customer” shall mean the person/enterprise/company with whom the Supplier contracts, unless otherwise stated. The Customer hereby agrees as follows:
Any period or date of dispatch quoted is given and intended as an estimate only. The Supplier shall not, under any circumstances, be liable for any loss or damage arising either directly or indirectly out of delays related to the dispatch of goods.
All risk/s pertaining to goods supplied shall be deemed to have passed to the Customer on delivery of goods to the Customer, either by means of the Supplier’s transport, or in the event that the Supplier does not make delivery of the goods, on delivery thereof to either the Customer’s carrier or any other carrier, notwithstanding that the carrier’s charge might be paid by the Supplier. However, ownership in any goods delivered remains vested in the Supplier until the entire purchase price has been paid.
No claim for shortages in delivery or damage in transit can be entertained unless noted on the Supplier’s copy of the Delivery Note and confirmed, in writing, within three (3) business days following delivery.
The Supplier shall neither be responsible for any loss of mass or volume of products while in transit, whether this is occasioned as a result of drying or evaporation nor for any damage suffered by the Customer relating to mass and quality or non-delivery of goods where such delivery is effected by a third party.
The Customer agrees that the signature of any agent, contractor, sub-contractor or employee of the Customer on the Supplier’s official delivery note/invoice/waybill, or the delivery note of any authorised independent carrier, will constitute delivery of the goods purchased.
In the event that the Supplier agrees to effect delivery by its own vehicle/s or those of a transport contractor to the Customer at its place of business, then offloading will be effected by the Customer’s own employees at the sole risk of the Customer who will be responsible for any and all damage of whatsoever nature caused by or as a result of such offloading. The Supplier’s employees may, if requested, assist with such offloading, but only at the sole risk of the Customer.
When the Customer collects goods from the Supplier using its own or its agent’s transport, then such collection will be entirely at the Customer’s own risk and the Customer will be liable for any and all damage of whatsoever nature caused as a result of or during such collection.
Ownership of all returnable containers shall remain vested in the Supplier at all times. The Customer will be required to pay a deposit for each container, which deposit will be refunded in part to the Customer on return of the container to the Supplier in good condition, together with cap, fair wear and tear accepted. A small differential will be retained for cleaning costs.
All goods and materials are supplied to and shall be accepted by the Customer voetstoets without warranty, either express or implied, against patent or latent defects and on the particular understanding that the Supplier do not expressly or by implication warrant or represent that such goods or materials are suitable for the purpose for which they are bought or for any other particular purpose.
Without prejudice to the aforementioned, where it is established to the satisfaction of the Supplier that goods delivered by the Supplier contained at the time of receipt by the Customer some defect in quality (not being caused by any act or neglect on the part of the Customer or a third party), the Supplier will, at its own cost and election, replace the goods or refund the purchase price to the Customer provided that such goods or materials shall have been returned to the Supplier’s warehouse, carriage paid, within fourteen (14) days after delivery thereof, or at the Supplier’s option, that the goods are made available for inspection by the Supplier’s representative.
The Customer agrees to abide by the credit terms granted by the Supplier; credit terms shall at all times be at the sole discretion of the Supplier and may be altered or abolished at any time without prior notice to the Customer.
Subject to clause 20 hereof, if the payment of any particular purchase made is overdue, the Supplier reserves the right to suspend all further deliveries of goods to the customer and the purchase price for all purchases made from the Supplier shall immediately become due and payable.
Under no circumstances whatsoever shall the Supplier at any time be held liable for any claims for in direct or consequential damages or loss (including loss of profit) that may be sustained or incurred by the Customer, or for any claims of whatsoever nature made by any other person whomsoever for any loss or damage (including, but not limited to, consequential damages) suffered by such other person, in connection with, or pursuant to, any contract concluded with the Supplier or arising out of or related to the use of the goods sold by the Supplier, whether due to delays, defects, negligence or otherwise. The Customer hereby indemnifies and holds the Supplier harmless against any claims which may be made by third parties as contemplated above.
I/We hereby declare that the contents of this consignment are fully and accurately described on the invoice provided by the proper name, and are classified, packaged, marked and labelled in all respects in proper condition for transportation, in accordance with the applicable requirements.
I shall, at all times, during the duration of the agreement, comply with the duties and responsibilities of the consignee as required in terms of Chapter VIII of the National Road Travel Act 1996 (Act 93 of 1996) and the standard specifications and codes of practice incorporated in the Act including the requirements of SABS 0263, where applicable.
The employee signing for the receipt of the goods or substances, on behalf of the consignee, must be duly trained as a qualified person, and is authorised to sign this declaration on behalf of the consignee.
The use of colourants may be subject to legislative limits and has to be verified before use.
The Customer agrees to test all colours prior to use in order to verify the shade and strength, failing which the Supplier shall not be liable for any loss or damage under any circumstances.
The Customer agrees to test all colours in a final application to ensure suitability and stability – no warranty is given or implied by the Supplier in this respect.
If any provision of these conditions of sale is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these conditions of sale.
Breach; if the Customer defaults in the punctual payment of any monies as it falls due in terms of these conditions of sale; or fails to comply with any of these conditions of sale of, or its obligations hereunder; or commits any act of insolvency, or being a natural person, assigns, surrenders or attempts to assign or surrender his estate; or allows a default judgement to remain unsatisfied for a period of seven (7) days or be refused rescission within fourteen (14) days of any default judgement, or is sequestrated or placed under judicial management or wound up, whether provisionally or finally; or abandons the goods supplied; or compromises with any of its creditors or endeavours or attempts to do so; or makes any incorrect or untrue statement or representations in connection with these conditions of sale or the Customer’s financial affairs or any particulars relevant thereto; or breaches any rights, hereunder, then and upon the occurrence of any of these events the Supplier may elect without prejudice to any of its rights to;
- Immediately terminate this agreement, take possession of the goods supplied, retain all amounts already paid by the Customer and claim all amounts which are in arrears at date of termination together with as pre-estimated liquidated damages; or
- Without terminating this agreement, claim immediate payment of all amounts which are due in terms of these conditions of sale until the earliest possible date on which this agreement could have terminated by notice, all of which shall be immediately due and payable. The Supplier shall, pending payment of those amounts, be entitled to be possessed of the goods supplied and to retain possession thereof on condition that against such full payment the Supplier shall return the goods to the Customer.
- The Customer shall pay the Supplier interest on any amounts owing in terms of sub-clause (a) and (b) at 6% above the publicly quoted prime interest rate of the Supplier’s bankers at the nominal annual rate compounded monthly. Said interest shall accrue from due date for payment to date of payment receipt by Supplier.
- The Supplier may appropriate any payments made by or on behalf of the Customer to any indebtedness of whatsoever nature of the Customer to the Supplier.
- All legal costs and expenses, including any collection commission, disbursements and attorney-and-client charges which the Supplier may reasonably incur in consequence of any default by the Customer of any of these conditions of sale, shall whether or not any legal action or suit shall have been instituted, be payable by the Customer to the Supplier within thirty (30) days after demand in addition and without prejudice to any other right the Supplier may have in terms hereof.
The Supplier may revise these conditions of sale from time-to-time. Revised conditions of sale will apply from the date of the publication of the revised conditions of sale on the Supplier’s website.
These conditions of sale constitute the entire agreement between the Customer and the Supplier and supersede all previous agreements in respect hereof.
These conditions of sale will be governed by and construed in accordance with South African law and any disputes relating to these conditions of sale will be subject to the exclusive jurisdiction of the courts of South Africa.
QUANTUM COLOURS CC
WEBSITE USAGE TERMS AND CONDITIONS
“You” and “your” refer to any person accessing this website. The “Company” refers to Quantum Colours CC, and any of its subsidiaries.
Introduction and acceptance
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions, or any part thereof, you must not use this website.
Licence to use website
Unless otherwise stated, The Company and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; and/or
- redistribute material from this website except for content specifically and expressly made available for redistribution by the Company.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Company’s express prior written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the Company’s express prior written consent.
The Company reserves the right to restrict access to certain areas of or the entire website at the Company’s sole discretion.
If the Company provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
The Company may disable your user ID and password in the Company’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the Company the right to sub-licence these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Company reserves the right to edit or remove any material submitted to this website, or stored on the Company servers, or hosted or published upon this website.
Notwithstanding the Company rights under these terms and conditions in relation to user content, the Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
The Company will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct, indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the Company’s liability in respect of any:
- death or personal injury caused by the Company’s negligence;
- fraud or fraudulent misrepresentation on the part of the Company; or
- matters which it would be illegal or unlawful for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its directors, officers and employees. You agree that you will not bring any claim personally against the Company’s directors, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect the Company directors officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.
You hereby indemnify the Company and undertake to keep the Company indemnified against any losses, damage, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
The Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and the Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with South African law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.