Terms and Conditions
1. Application of Conditions
The customer agrees that all goods supplied by HairCair Distributors (Pty) Ltd (hereinafter referred to as “the Company”) are subject to the conditions contained
herein and such other conditions, which may appear on the Tax or Commercial Invoice and/or Waybill of the Company. No variation or alteration of
such conditions shall be effective unless reduced to writing and signed by a duly authorised director or manager of the Company. No indulgence
granted by the Company shall constitute a waiver of any of the Company’s rights.
2. Payment Terms
2.1. Unless otherwise stated in writing by the Company, the Customer shall pay the amount reflected on the Tax or Commercial Invoice at the offices
of the Company either on order, or, if the Customer is a credit approved customer, within thirty (30) days from the end of the month in which a Tax or
Commercial Invoice is issued by the Company to the Customer.
2.2. Interest on overdue accounts shall be charged at the maximum permissible rate in terms of the National Credit Act, Act no 34 of 2005 as amended.
2.3. The Customer is not entitled to set off any amount due by the Customer to the Company against any amount that the Customer contends is due by
the Company to the Customer, without first having obtained the Company’s prior written consent.
2.4. The Customer agrees that the amount due and payable to the Company, including interest may be determined and proven by a Certificate issued
and signed by a director of the Company, which Certificate shall be prima facie proof of the Customer’s indebtedness to the Company.
2.5. Should the Customer have a valid reason to dispute an entry raised on the Tax or Commercial Invoice, it shall do so within 14 (fourteen) days of
the date of the Company’s invoice to the Customer, failing which such entry shall be deemed to be correct and payable in terms of Clause 2.1 above.
3. Quoted Prices
All prices quoted by the Company are subject to any increase in the cost price, including increases pursuant to currency fluctuations occurring before
dispatch of the goods by the Company to the Customer.
4.1. Unless otherwise agreed to in writing by the Company, delivery to the customer takes place at the place of business of the Customer, and prima
facie proof of delivery to the Customer can be by means of an original/copy of the company’s delivery note or invoice signed by the Customer.
4.2. The Company shall have the right to cancel a Customer’s order where the Company is unable to supply and deliver the goods due to force majeure
from any cause beyond the control of the Company, including, but not limited to, inability to secure labour, power, materials or supplies, or by reason of
an act of God, or civil disturbance, riot, state of emergency, strike, lockout, labour disputes, fire, flood, drought or legislation.
4.3 All orders are delivered free of charge (excluding furniture, equipment and heavy items like bulk chemicals) and are subject to a minimum order
value (subject to change) per area. Orders are delivered by door-to-door courier to most major towns & cities. Please ask for the applicable minimum
order value to your area (subject to change). Delivery fees are dependent on the order and area of delivery. The cost of road, rail and air freight is for
the purchaser’s account other than free delivery. Insurance will only be effected at the specific request of the purchaser.
Risk in the goods shall pass to the Customer on delivery of the goods to the Customer as defined in Clause 4.The risk of goods other than free delivery
passes to the purchaser on delivery of the order to the freighter/ courier. Ownership in the goods shall remain vested in the Company until the purchase
price has been paid in full.
6. Manufacturer’s Guarantee, Damaged Goods and Incorrect Deliveries
6.1. To be valid, any claims under the Manufacturer’s guarantee or for damaged goods or incorrect deliveries shall be supported by the original
Tax/Commercial Invoice and proof of payment.
6.2. Claims in respect of incorrect deliveries or damaged goods will only be considered if made in writing within 30 (thirty) days of delivery of the goods,
after which time the Customer shall be deemed to have received and accepted the goods in good order and in full compliance
with the orders placed.
6.3. Any warranty as to quality or freedom from latent defects of the goods sold or fitness for any particular purpose or otherwise is hereby excluded.
The Company shall not be under any liability whether in contract, delict or otherwise, in respect of defects in goods delivered or for any injury, damage
or loss resulting from such defects or from any misuse or abuse of the goods.
6.4. Without detracting from the provisions of clauses 6.1, 6.2 and 6.3 above, in the event that, during a period of six months calculated from the
purchase date, the goods are defective, and the goods have not been misused or tampered with in any manner whatsoever, then the Company shall be
entitled to repair or, at its discretion, replace the faulty unit.
6.5. The Company shall not be liable to the Customer for consequential losses (including any loss arising from water damage or burn).
7.1 Goods returned will be accepted for credit or exchange at the sole discretion of HairCair Distributors (Pty) Ltd, only if received within 10 days after the date of delivery.
7.2 A handling charge may be levied. Damaged goods will not be considered for credit or exchange.
Should the Customer fail to make payment on due date in terms of Clause 2 hereof, or should the Customer commit any other breach of its obligations
hereunder, all amounts outstanding by the Customer shall immediately become due owing and payable.
9.1. All contracts of sale between the Customer and the Company shall be governed and interpreted in accordance with the laws of the Republic of
South Africa and the South African Courts shall have sole jurisdiction in respect thereof.
9.2. In the event of it being necessary for the Company to instruct its attorneys as a result of any breach of these conditions by the Customer or to
recover any amounts owing by the Customer to the Company, the Customer agrees to pay for all legal costs on the attorney and client scale inclusive of
collection commission, tracing charges, validation fees and stamp duties on any form of security the Company may require from the Customer.
9.3. The granting, continuation and termination of the credit facilities if any, shall be within the sole discretion of the Company. The Company
furthermore reserves the right to suspend deliveries, to cancel any undelivered portion of any order or to impose such other conditions as to security
and terms of payment as it deems fit.
9.4. The invalidity of any clause or part thereof of these terms and conditions will not affect the validity of the rest of the terms and conditions.