STANDARD TERMS AND CONDITIONS OF SALE
1. TERMS
1.1 The terms hereof shall form part of and apply to this contract and all future contracts or other agreements entered into unless specifically excluded or amended by the parties, such exclusion or amendment to be in writing.
1.2 Unless otherwise specifically stipulated in writing to the contrary, the terms hereof shall supersede and prevail over any terms and conditions contained in any documents submitted by the customer.
2. PRICE AND PAYMENT
2.1 The purchase price of the goods listed on the face hereof shall be paid by the customer to Allied Composites (PTY) Ltd without any deduction or set off within the period of the agreed credit terms allowed to the customer artier the date of the statement submitted by Allied Composites.
2.2 Allied Composites shall be entitled to charge interest on all overdue amounts at the maximum rate permissible from time to time for credit transactions in terms of the National Credit Act 34 of 2005, as amended. This provision applies only if the customer is a natural person or a juristic person whose annual turnover or asset value is less than the threshold determined under the Act.
2.3 Ownership of all goods supplied by Allied Composites to the customer shall remain vested in Allied Composites until paid in full.
2.4 All risks arising from electronic transfers shall lie with the customer. 2.5 The price is strictly net unless agreed otherwise in writing.
2.6 Any agreed discount shall only apply to the price of the goods and not to VAT, transport, or other charges.
2.7 Subject to the Consumer Protection Act 68 of 2008 ("CPA"), price adjustments due to changes in external factors (e.g., exchange rates) are for the customer's account.
2.8 Price lists and promotional material are guidelines and not binding offers.
3. DELIVERY
3.1 Delivery is completed upon offloading (if by Allied Composites) or loading (if by the customer or carrier).
3.2 If Allied Composites engages a carrier on behalf of the customer: 3.2.1 It may do so on terms it deems fit.
3.2.2 The customer indemnifies Allied Composites from any liability related to the carrier.
3.3 Risk passes to the customer upon delivery.
3.4 Claims for shortages or defects must be made in writing within 7 days.
3.5 Signed delivery notes serve as proof of delivery.
3.6 Each delivery is subject to these delivery terms.
3.7 Delivery time is not of the essence.
3.8 Installation is not included unless otherwise agreed.
3.9 Stock is warranted under the CPA to be fit for purpose where applicable.
3.10 Delays due to force majeure are not Allied Composites' responsibility.
4. EXCLUSIONS
Allied Composites is not liable for failure to fulfil obligations due to causes beyond its control (e.g., strikes, delays, supplier issues, pandemics).
5. DEFAULT
5.1 Upon default, Allied Composites may demand full payment, cancel agreements, or suspend obligations.
5.2 These rights are in addition to common law remedies.
5.3 No indulgence shall constitute a waiver.
5.4 On cancellation:
5.4.1 All outstanding amounts become due.
5.4.2 Allied Composites may reclaim goods not fully paid for.
5.5 Legal costs incurred in recovery are payable by the customer on an attorney and own client scale.
6. JURISDICTION
6.1 Allied Composites may institute proceedings in any Magistrate's Court, even if the claim exceeds its jurisdiction.
6.2 A certificate by a director/manager is prima facie evidence of the customer’s indebtedness.
7. DOMICILIUM
The customer’s head office address is the nominated domicilium citandi et executandi.
8. NEGOTIABLE INSTRUMENTS
Negotiable instruments do not constitute novation of the debt.
9. RETURN OF GOODS
9.1 No resin returns unless proven defective within 7 days of receiving the goods.
9.2 Hardware returns accepted within 14 days with original invoice. 9.3 Goods must be in resaleable condition.
9.4 Handling and repacking fee of 15% may apply to returns unless the product is defective.
9.5 Return transport cost is for the sender unless the fault lies with Allied Composites.
9.6 All returns must be authorized in advance.
10. INSURANCE
10.1 Customer must insure goods until paid in full.
10.2 Insurance benefits are ceded to Allied Composites until payment.
11. LAW APPLICABLE
Governing law is that of the Republic of South Africa.
12. GENERAL
12.1 No variation is valid unless in writing.
12.2 No waiver unless in writing.
12.3 No indulgence waives rights.
12.4 These terms prevail over any conflicting customer terms. 12.5 Credit information may be shared with credit bureaus. 12.6 This document constitutes the entire agreement.
13. SUSPENSION / SETTING ASIDE OF CREDIT
13.1 Customer must notify and surrender unpaid goods.
13.2 Customer acknowledges unjust enrichment if goods cannot be recovered.
14. CREDIT LIMIT
14.1 Customer must comply with credit or payment terms.
14.2 Exceeding limits is not a breach by Allied Composites.
14.3 Credit limits may be increased at Allied Composites' discretion.
15. PROTECTION OF PERSONAL INFORMATION
15.1 The Creditor will use reasonable and appropriate efforts in order to ensure that any Personal Information and/or Special Personal Information, as envisaged in Sections 26–33 of the Protection of Personal Information Act 4 of 2013 ("POPIA"), is stored securely.
15.2 The Debtor and the Surety agree to provide honest and updated information and acknowledge voluntary consent for processing under POPIA.
15.3 Data may be used for lawful purposes including credit vetting, statutory compliance, access to records, and enforcement.
15.4 Debtors/Sureties may object or lodge complaints with the Information Regulator if misuse is suspected.
16. NON-LIABILITY
16.1 No responsibility is accepted for work done to customer specifications.
16.2 All advice, recommendations, or technical information provided by Allied Composites (Pty) Ltd, whether verbally, in writing, or through any other medium, is given in good faith and is based on information believed to be reliable at the time. Such guidance is provided for general information purposes only and is not intended as a substitute for professional or technical advice specific to the customer’s application or circumstances.
17. DAMAGES
17.1 Allied Composites is not liable for indirect, consequential, or special damages.
17.2 Customer indemnifies Allied Composites against such claims. 17.3 All information is given in good faith but without warranty. We cannot accept liability for any damage, loss, or patent infringement resulting from the use of this information.
NOTE: Where applicable, these Terms and Conditions shall be interpreted and enforced in accordance with the Consumer Protector Act 68 of 2008 and the National Credit Act 34 of 2005, with specific provisions applying only where the customer is a consumer as defined in the respective Acts.