Standard Terms & Conditions of Sale
1. In these conditions:
1.1. “The Company” means RADIO ELECTRONIC PTY LTD
1.2. “The Customer” means the person, firm, company, partnership or association buying from The Company.
1.3. “Goods” means any hardware, product or services purchased by The Customer
2. No variations from the terms and conditions herein contained, and no contrary stipulation by the buyer, shall be valid and binding unless confirmed by both parties in writing.
3. Ordering: In the event of an order being given to The Company on The Customer’s official order form, The Customer shall be stopped from denying the validity of such order notwithstanding the fact that such order may have been signed by a person not authorised by The Customer. Goods may only be issued against a written order on The Customer’s own order form. Telephonic orders will only be accepted if The Customer’s order number is quoted and the physical order to be emailed, faxed or posted and marked “confirmation” only.
4. Ownership in the said goods shall remain vested in The Company until payment in full has been received.
5. The risk shall pass to The Customer when the goods leave The Company’s premises or on delivery to The Customer, whichever is sooner.
6. The terms of payment of the Goods purchased is either Pre-paid, C.O.D., otherwise strictly 30 days net from date of statement subject to credit approval.
7. Breach: The Company shall be entitled, without prior notice to The Customer, and without prejudice to any rights, which it may have as a result of a breach or cancellation:
7.1. To cancel any contracts and/or any part thereof subsisting with The Customer.
7.2. To claim from The Customer immediate payment of any monies due by The Customer to The Company notwithstanding any earlier agreement for credit, whether same is due for payment or not; if
7.2.1. The Customer fails to pay on due date for payment thereof any amount due to The Company under contract; or
7.2.2. Any cheque, promissory note or other bill of exchange given to The Company in respect of any indebtedness of The Customer under any contract is dishonoured by non-payment or;
7.2.3. The Customers’ estate is provisionally or finally sequestrated or it is placed in provisional or final liquidation or under provisional or final judicial management; or
7.2.4. The Customer commits any act of insolvency in terms of Section 8 of the Insolvency Act; or
7.2.5. The Customer enters into any compromise with his creditors; or
7.2.6. The Customer fails to satisfy any default judgement against him within 7 days after date of judgement.
8. Interest on overdue amounts shall be charged to The Customer at 2% per month (24% per annum).
9. In the event of The Customer failing to make payment of any amount due by it on due date, should The Company instruct its Attorney to recover money or goods from The Customer, The Customer shall be liable for and pay all legal costs incurred by The Company on an Attorney and own client scale, including any collection commission.
10. The Company shall NOT be responsible for any loss or damage to the property or person of The Customer or any third party as a result of any defect in the goods whether patent or latent. The Customer indemnifies The Company against all claims made against it by any third party arising out of any such defects.
11. Warranty: All goods are backed by the manufacturer’s warranty against faulty design, material or workmanship. Any claim for a defect in the goods sold by us will be passed on to the manufacturer/supplier who will determine factually whether the claim is justified. The Company reserves the right to forward freight costs to The Customer for equipment shipped and returned to the manufacturer. We undertake to diligently pursue customer’s claims to the best of our ability in the customer’s interest but the manufacturer’s decision shall be final. The company shall not be held liable for and the customer exempts The Company from any liability whatsoever for any damages either direct or consequential.
12. The Company shall NOT accept goods returned for credit later than 14 days after the initial sale, unless prior arrangements have been made, and accepted by us in writing. A handling fee of 15% will be charged on all goods accepted for return. Only Equipment will be considered for return and items must be returned in their original packaging including all accessories.
13. This contract shall be interpreted according to the laws of the Republic of Namibia.
14. At the option of The Company any claim against The Customer may be brought in any Magistrates Court having jurisdiction not withstanding that the amount of the claim may exceed the jurisdiction of The Magistrates Court.
15. The Purchaser nominates its business address as reflected in page 1 hereof as its domicilium citandi et executandi for service to it of all notices and processes in connection with any claim for any sum due to The Company. It is The Customers responsibility to notify The Company of any changes in addresses or contact details. A new credit application needs to be completed with any changes regarding to ownership structure of The Customers Company.
16. Suspension of Deliveries & Services
16.1. If any amount due and payable by The Customer to The Company is in arrears, The Company shall have the right, until such amount has been paid, to suspend any services and delivery under contract then in force between The Company and The Customer.
16.2. Notwithstanding anything to the contrary herein contained The Company shall have the right to suspend any delivery under any contracts at any time if in its sole discretion it considers that:
16.2.1. The amount owing by The Customer (which due or not)has reached the limit to which it is prepared to allow the customer credit, or
16.2.2. If it comes to its notice that the customers financial position has deteriorated; or
16.2.3. If it no longer considers The Customer to be creditworthy;
16.2.4. The Customer does not acknowledge that any contract is upon the terms set forth in these conditions of sale.