The seller shall give the buyer ownership and control of the Goods as soon as reasonably possible, after ordering same from the manufacturer.
due to the timeframes relating to order processing with the manufacturer, customs, shipping time and the like, which fall outside of the control of the seller, the seller makes no guarantees as to when the buyer make take delivery of the Goods;
the buyer hereby agrees and therefore accepts that the seller will not be liable for any loss of income, downtime, or any other damages of whatsoever nature, in the event that the delivery of the Goods is delayed, postponed or cancelled.
RISK, BENEFIT AND OWNERSHIP
The risk, benefit and ownership in relation to the Goods will pass to the buyer upon collection of the Goods by the buyer, or delivery of the Goods to the buyer as the case may be.
This agreement constitutes the entire agreement between parties and no variation hereof shall be of any force and effect unless reduced to writing and signed by, or on behalf of, the parties.
RELAXATION OF TERMS
No relaxation of the terms of this agreement and no indulgence which one party may grant to the other, will in any way operate as an estoppel against the former party, or be deemed to be a waiver of its rights, or in any other way limit, alter or prejudice those rights.
The seller shall bear the costs in relation to the drafting and finalisation of this agreement.
In the event that either the buyer or seller commit a breach of any terms of this agreement and/or fail to comply with any of the provisions hereof, then the non-defaulting party shall be entitled to give the defaulting party 7 (seven) days’ notice in writing to remedy such breach and/or failure and if the defaulting party fails to comply with such notice, the non-defaulting party shall forthwith be entitled but nor obliged without prejudice to any other rights or remedies which the non-defaulting party may have in law, including the right to claim damages, to cancel this agreement or to claim immediate performance and /or payment of all the obligations in terms hereof.
The buyer knows and understands that the seller is a re-seller of the Goods and is not the manufacturer thereof. The buyer therefore accepts that the seller cannot offer any warranty or guarantee whatsoever to the buyer, in respect of the Goods. Should there be any issue with the Goods, including, but not limited to, defects, performance issues, or the like, the seller will utilise its best efforts (though is not compelled to) to assist the buyer with resolving the issue directly with the manufacturer, provided that the issue falls within those which are covered by any warranty, which the manufacturer may have provided in respect of the Goods.
- In the event of any one or more clauses contained herein being contrary to any provision in law, that clause and/or those clauses shall not, in any way, affect the validity of the remainder of the clauses contained in this restraint, which shall remain of full force and effect.
- If any provision of this Agreement is held invalid or unenforceable for any reason, that provision is fully severable from the remaining provisions of this Agreement and the remaining provisions are nevertheless valid and enforceable as if those of the provisions held invalid or unenforceable were not part of this Agreement.
All headings in this agreement are for convenience only and not to be taken into account when interpreting the agreement.