GENERAL TERMS AND CONDITIONS OF SALE TO THE END-USER
Between:
Company and the End-User.
1. IN THESE TERMS AND CONDITIONS:
1.1 “the Act” means the Consumer Protection Act 68 of 2008;
1.2 “the/this Agreement” means these General Terms and Conditions of Sale;
1.3 “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa”;
1.4 “CPA” means the Consumer Protection Act No. 68 of 2008;
1.5 “Company” means Raw Gold Foods (Proprietary) Limited, a private company, registered in accordance with the Laws of the Republic of South Africa under registration number 2016/317688/07;
1.6 “Customer” means a juristic or natural person who orders Goods from the Company in order to resell the Goods to the End-User/Consumer, for ultimate consumption by a Recipient Pet;
1.7 “End-User/Consumer” means any person who purchases the Goods from a Distributor and/or Customer, for ultimate consumption by a Recipient Pet;
1.8 “Dealer/s” means Distributor and Customer collectively;
1.9 “Defective” in relation to any Goods means:
1.9.1 that such Goods are unsafe (as this term is defined in the CPA);
1.9.2 that there is a Goods failure, defect or hazard in any such Goods (as these terms are defined in the CPA); or
1.9.3 inadequate instructions or warnings have been provided to the End-Use/Consumer pertaining to any hazard arising from or associated with the use of such Goods;
1.10 “Delivered” means delivery of the Goods to the Distributor or Customer, whichever the case may be, pursuant to the terms and conditions regulating the relationship between the Parties;
1.11 “Delivery” means the delivery from the End-User/Consumer to the relevant Distributor or Customer;
1.12 “Distributor” means a juristic or natural person who orders Goods from the Company in order to resell the Goods to the End-User/Consumer, for ultimate consumption by a Recipient Pet;
1.13 “Goods” means any product manufactured and supplied by the Company to the Distributor and/or Customer in respects of any order which is placed in accordance with the terms and conditions regulating the relationship between the Company, the Distributor or the Customer, as the case may be for resale to the End-User/Consumer;
1.14 “Parties” means the Company, the Distributor and the Customer, collectively;
1.15 “Recipient Pet” means the pet which is intended by the Customer to consume the Goods;
1.16 “Resale Price” means the price determined by the Distributor or Customer for resale of the Goods to the End-User/Consumer; and
1.17 “Taken Delivery” means when the End-User/Consumer has assumed risk in the Goods, and has taken delivery from the Dealer;
2. PRICE
2.1 The Company shall not determine the Resale Price to the End-User/Consumer, however, the Company may upon request or at its sole discretion give assistance to the Customer in respect of the Resale Price by suggesting a recommend Resale Price.
2.2 The Resale Price is determined by, and at the sole discretion of the Dealer, and the End-User/Consumer holds the Company harmless against any inconsistencies in pricing differences between Dealers.
2.3 The End-User/Consumer shall pay the respective Dealer the Resale Price in respect of any Goods purchased, and will have no interaction with the Company in respect of the sale.
3. GUARANTEES
3.1 The Company will not be held liable for any damages, loss or liabilities arising from the use or inability to use its Goods after the Goods have been sold to a Dealer.
3.2 Should Goods have a warranty or guarantee, this warranty or guarantee will be between the Company and the relevant Dealer, and not the End-User/Consumer.
4 RISK
4.1 The Company assumes no risk in the Goods once the Goods have been Delivered for resale onto the End-User/Consumer.
4.2 Where Goods are returned in terms of clause 5.4 below, risk remains with the End-User/Consumer until Delivery of the Defective Goods, whereafter, risk in the Goods passes to the respective Dealer.
4.3 At no point will risk pass back to the Company other than as provided for in clause 5.2.1.
5 RETURNS
5.1 In instances where the Goods have been Delivered to a Distributor whose annual turnover or asset value exceeds the gazetted threshold in terms of section 6 of Act, then the transaction is exempt; and in light of the fact that the Goods are Delivered to the said Distributor in a frozen state, the Company does not accept returns.
5.2 In instances where the Goods have been Delivered to a Distributor whom the Act defines as a “consumer”, and where the Distributor has not had an opportunity to examine and inspect the actual Goods received prior to placing the order, then the Distributor is entitled to inspect the Goods upon the Goods having been Delivered, and if upon the initial inspection of the Goods the Distributor finds that:
5.2.1 The Goods do not meet the ‘type’ or ‘quality’ that the Distributor would have reasonably expected in terms of the Distributorship Agreement concluded between the Company and the Distributor, then:-
5.2.1.1 the Distributor can refuse the Delivered Goods; and
5.2.1.2 receive a full refund.
5.3 The Company does not accept returns once an End-User/Consumer has Taken Delivery, and thereafter, finds the Goods to be Defective.
5.4 In the event that an End-User/Consumer has received Defective Goods, then the End-User/Consumer must within any statutory prescribed time period notify the Distributor/Dealer/ Customer from whence the Goods were purchased in writing of the defect, and within the statutory prescribed period return the Goods to the respective Distributor/Dealer/Customer.
5.5 Notwithstanding the aforegoing, the Company shall have no liability or obligation to the End-User/Consumer in respect of any Goods which have been subjected to abuse, misuse, improper use, negligence, accident, alteration or tampering at the hands of the End-User/Consumer and/or Distributor/Dealer/Customer, and the End-User/Consumer hereby indemnifies the Company accordingly.
6 GENERAL
6.1 The Company reserves the right in its sole discretion to vary or amend these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on the End-User/Consumer.
6.2 This contract represents the entire agreement between the Company and the End-User/Consumer and shall govern all future contractual relationships between the Company and the End-User/Consumer.
6.3 No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director of the Company.
6.4 No agreement, whether consensual or unilateral or bilateral, purporting or obligate the Company to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a director of the Company.
6.5 The headings in this document are included for convenience and are not to be taken into account for the purpose of interpreting these terms and conditions.
6.6 Each of the terms herein shall be a separate and divisible terms and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms.