Impala Truck Spares - General Terms and Conditions of Sale
Parties
1.1. Impala Truck Spares hereby refers to either of the companies listed below, depending on the location and salesman that the customer purchased parts from:
1.1.1. Impala Truck Spares (PTA) cc with company registration number: 2000/012284/23
1.1.2. Impala Truck Spares East Rand cc with company registration number: 2003/008458/23
1.2. Customer refers to any of Impala Truck Spares’ clients, their employees, and any other party who takes delivery of parts purchased from Impala Truck Spares
Introduction
2.1. By ordering any goods and/or services from Impala Truck Spares, the Customer agrees to the general terms and conditions of Impala Truck Spares as set out herein.
2.2. Impala Truck Spares shall render the services (if applicable) and provide the goods as soon as possible but within a reasonable time
Payment Terms
3.1. Upon receipt of the tax invoice, the Customer will be deemed to have accepted the general terms and conditions of Impala Truck Spares.
3.2. All payments made by the Customer to Impala Truck Spares shall be made free of deduction, set-off or bank charges.
3.3. The tax invoice is due immediately, accept if the customer makes use of a pre-approved credit facility provided by Impala Truck Spares, which is then and payable within 30 (thirty) days after the date hereof.
3.4. Should the Customer fail to make payment on or before the abovementioned date, interest will be charged at a rate of 2% per month.
3.5. All goods remain the property of Impala Truck Spares until payment has been received in full.
Return of Goods
4.1. All 'special orders' (goods that are ordered and/or manufactured specifically as per the Customer’s request) correctly supplied and of satisfactory quality will not be accepted for credit.
4.2. Any other goods supplied that are of satisfactory quality will not be accepted for credit more than 7 (seven) days from the date of issue of an invoice.
4.3. Any returned goods are subject to a 10% handling fee (of total value of the goods purchases), but Impala Truck Spares reserves the right to increase this handling fee on goods returned that is not in its original packaging.
4.4. There are no returns on electrical items.
Risk/Title
5.1. Risk in the goods shall pass to the Customer on delivery to the Customer or to the road freight company, as the case may be.
5.2. From the time when the risk passes to the Customer, Impala Truck Spares will not be liable for any loss or destruction of the goods.
5.3. Title to the goods shall not pass to Customer until we have received payment in full and cleared funds for the goods and all other sums which are or become due to Impala Truck Spares.
Warranty
6.1. Impala Truck Spares will provide the technical advice, diagnostics, services and goods with the degree of skill and workmanship that could reasonably be expected from an entity or person conducting the business of Impala Truck Spares.
6.2. Impala Truck Spares does not warrant that any goods purchased by the Customer, will be fit for the purpose for which it is purchased if the correct information (e.g. serial and vehicle identification numbers) is not provided to the sales person.
6.3. Should any dispute arise regarding if or not the aforementioned information was given to the sales person by the client, the onus will be on the client to provide written confirmation that the correct information was provided.
6.4. All components, parts, equipment and related goods are sold subject to the implied warranty of the Consumer Protection Act (the Act), to the extent that the Customer is a consumer as defined in the Act, unless altered with.
6.5. All parts and goods sold, unless otherwise stated, shall be covered by the standard manufacturer’s warranty, which differs from one supplier to the next
6.6. Warranty period to repair/replace any defective goods are as per the manufacturer’s warranty periods which will also include their terms and conditions. Note that if the warranty claim is successful, the claim will only include an exchange of the defective part, this will not include any towing fees, labour costs, refunds or any other costs whatsoever.
6.7. Impala Truck Spares will not be liable to pay any additional fees due to consequential damage caused by the breakdown or malfunction of any parts to the Customer.
6.8. Impala Truck Spares’ obligations herein shall be mitigated or removed if any defect is caused or aggravated by any of the following:
6.8.1. Failure to timeously notify Impala Truck Spares of the defect.
6.8.2. Failure to afford Impala Truck Spares opportunity to rectify the problem.
6.8.3. Subjecting the goods to negligence or accident.
6.8.4. Installation of a part into the goods not approved by either the manufacturer or Impala Truck Spares, or altering them in a way not approved by either the manufacturer or Impala Truck Spares.
6.8.5. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or Impala Truck Spares.
6.8.6. The Customer’s use, misuse, alteration or repair of the goods, fair wear and tear, wilful damage, improper storage conditions or accident or negligence by Customer or any third party.
Customer's Responsibility
7.1. It is the Customer’s responsibility to ensure that the goods which the Customer has ordered are of the correct specification (i.e., size, model) so that they are able to be fitted to the vehicle to which the Customer wants to fit them.
7.2. It is the Customer’s responsibility to ensure that the goods which the Customer has ordered will not, when fitted to the Customer’s vehicle, invalidate the terms of any applicable agreement, such as a vehicle lease, hire purchase agreement or manufacturer’s warranty.
Liability for Loss or Damage
8.1. In the event that the Act does not apply to the transaction, the Customer indemnify Impala Truck Spares against any claims, liability, damages, cost and or expense (including legal expenses) brought against Impala Truck Spares or caused by such claim as a result of relating to or in connection with any goods Impala Truck Spares have supplied to the Customer.
8.2. Impala Truck Spares shall not be liable to the Customer for loss of profits, goodwill or any type of special, indirect, incidental or consequential loss suffered (including but not limited to loss or damage suffered by the Customer as a result of an action brought by a third party).
8.3. Impala Truck Spares will not in any circumstances be liable to the Customer for any goods of the incorrect specification being fitted to the Customer’s vehicle, any breach by the Customer or invalidation of any provision of any agreement concerning the Customer’s vehicle, or for incorrect or improper use of the goods, including them being fitted to the Customer’s vehicle incorrectly.
Breach
9.1. If the Customer breaches any of these terms and conditions (including without limitation a failure to pay any amount due on the due date), then, without prejudice to any of our rights or remedies, all amounts owing by the Customer to Impala Truck Spares shall thereupon immediately become due and payable and Impala Truck Spares shall have the right at any time to:
9.1.1. suspend further deliveries of goods;
9.1.2. revoke or alter payment terms; and/or
9.1.3. terminate any or all orders and agreements between Impala Truck Spares and the Customer. If Impala Truck Spares instruct its attorneys to recover monies from the Customer, the Customer shall be liable for all debt collection fees and/or legal costs on the attorney and own client scale, including collection commission and tracing fees, which may be incurred by Impala Truck Spares.
General
10.1. Nothing herein contained is intended to affect, nor will it affect, the Customer's statutory rights under Act, if applicable.
10.2. Impala Truck Spares may revise these terms and conditions from time-to-time. Impala Truck Spares will however inform Customers who may be affected by these changes.
10.3. Impala Truck Spares reserves the right to amend its prices and specification without notice.
10.4. Any indulgence granted by Impala Truck Spares will not constitute a waiver of any rights in terms of these terms and conditions.
10.5. If any part of these terms and conditions is found to be invalid or unenforceable, the remainder of these terms and conditions will remain in full force and effect.