EmTek Racing General Terms and Conditions of Sale
Goods sold, maintained or services in terms of this invoice, unless paid for in cash on delivery, will remain the sole property of EmTek Racing until payment for same has been made in full. Notwithstanding this the risk in the goods shall pass to the purchaser immediately upon delivery of such goods to the customer. Where delivery is effected by a carrier, the carrier is deemed to be the purchaser’s agent and delivery to the carrier will constitute delivery to the customer. In the event that the customer fails to make full payment for the goods within the period stipulated below then the customer authorises EmTek Racing to enter upon any premises where the goods reflected on the delivery note/invoice concerned are situate and take possession of same or remove same.
For the purposes herein, “goods” means any stock, spares, accessories, motorcycles or deliverables sold by EmTek Racing to the customer.
¨ STRICTLY C.O.D.
Any defect in the goods must be reported by the customer within seven (7) days from the date of delivery failing which the goods will be deemed to have been delivered in good order & condition and free of defects.
EmTek Racing will not be liable for any loss or damage of whatever nature suffered by the customer or any other person as a result of the goods or any part thereof being defective or EmTek Racing, the manufacturer or any other person failing, in any way, to honour any warranty in connection with the goods or any delay by any person in effecting delivery of the goods or any part thereof or any failure to deliver the goods or any part thereof. Without derogating from the aforegoing EmTek Racing will not be liable to the customer or to any other person for any loss of profits or other special and/or consequential damages from whatsoever cause arising more specifically arising form any breach by EmTek Racing of any of its obligations under these conditions of sale. For the purpose of these conditions of sale a “defect” in the goods and/or “defective” includes any fault in the design or operation of any motorcycle or part thereof constituting or forming part of the goods and which results in the goods not performing either partially or at all and whether such defect is caused by EmTek Racing or any other person. The customer hereby indemnifies EmTek Racing, its employees and agents against any claim, which may be made against EmTek Racing; it’s employees or agents in respect of any action made by any person for which liability on the part of EmTek Racing is excluded in terms of these conditions of sale. EmTek Racing does not warrant that any claims made by the manufacturer of any goods in respect of those goods are true and correct.
All goods accepted by EmTek Racing for repairs will be subject to a general lien in favour of EmTek Racing for all amounts due by the customer to EmTek Racing. Should any goods remain uncollected for 2 (two) months after EmTek Racing has given notice to the customer that same are available for collection EmTek Racing will be entitled and the customer hereby authorises EmTek Racing to dispose thereof without the need to first obtain an appropriate order of court. The proceeds of such disposition after deduction of all costs, charges and expenses incurred by EmTek Racing in respect thereof, will be utilised in the reduction of the customers obligations without prejudice to EmTek Racing’s right to recover any amount still owing by the customer to EmTek Racing.
If EmTek Racing is requested by the customer to inspect any goods used by the customer then EmTek Racing will be entitled to charge the customer in respect of such inspection.
If the customer requires the collection or delivery of goods, a collection and delivery charge will be levied per trip to the cutomers’ account, which charge the customer agrees to.
EmTek Racing will not be liable for any loss or damage to any goods or any special or consequential damages suffered by the customer as a result thereof while the goods are in the possession of EmTek Racing.
For all purposes under these conditions of sale the customer consents to the jurisdiction of the Magistrate’s Court having jurisdiction. Notwithstanding this EmTek Racing may, in its sole discretion, elect to institute any action in the High Court of South Africa or any other Court having jurisdiction are the matter concerned.
No indulgence granted by EmTek Racing to the customer at any time will constitute a waiver of any of the rights of EmTek Racing in terms of these conditions of sale.
EmTek Racing chooses as its domiciluim citandi et executandi the address that appears on the face of this document. The customer similarly chooses its domicilium at the physical address and/or delivery address appearing on the face of the invoice.
No amendment to these conditions of sale will be of any force or effect unless it is reduced to writing and signed by both the parties.
All printed terms and conditions which may be reflected on any invoice or delivery note handed to the customer by EmTek Racing will be deemed to be accepted by the client/customer on presentation of the invoice and the client/customer agrees that he has been informed by EmTek Racing that these terms are available on request and may appear on the rear of each invoice. All the provisions of these conditions of sale are severable from the others and neither the whole of nor any part of these conditions of sale shall be invalid merely because of the invalidity or unenforceability of any portion of these conditions.
In the event that it may be necessary for EmTek Racing to institute any legal action against the customer arising from these conditions of sale then the customer will be obliged to pay all of EmTek Racing’s legal costs as between attorney and own client.
These conditions of sale, and any terms incorporated in these conditions of sale in terms hereof, constitutes the whole agreement between EmTek Racing and the customer and any purported terms or representations made by any person not contained herein will not be of any force and effect between EmTek Racing and the customer.
The customer may not withhold payment for any reason whatsoever. All unpaid invoices shall attract interest at a rate of 2% (two percent) above the prime overdraft rate as charged by any commercial and registered South African Bank.
All hours indicated on the face of this invoice are calculated in MAN HOURS.
This page was last updated on : 29/01/2019