rietvallei kikuyu

                                   CONDITIONS OF SALE

 

1.Sole Conditions

    1.1  The following shall be sole condition upon which RIETVALLEI NURSERY will

            contract to sell goods.

    1.2  Any order issued by a Purchaser shall be deemed to be for the purchases internal

           purposes and shall not affect these conditions.

    1.3  No variation of these conditions be binding unless reduced to writing and signed

           by a duty authorized representative of RIETVALLEI KIKUYU.

    1.4  All products shall be sold Voetstoots that is to say as is , or at Buyers risk.

2. Price

    2.1  These prices do not constitute a firm offer, but merely as a guide to current

           prices. Goods will be invoiced at prices rulling as the date of dispatch or

           at the price quoted by a duty authorized representative of RIETVALLEI KIKUYU.

    2.2  All items are invoiced per square metre, each or per item.

3. Delivery

    3.1  If and when customers arrange their own transport the goods will be transported

           at the customers risk an all claims should be submitted directly to the

           transporter. Hours of collection are 08:00 to 16:00 Mondays to Fridays.

    3.2  RIETVALLEI NURSERY is prepared to arrange transport on behalf of

           clients and will be charged separately at the rulling rates. Claims regarding

           short deliveries will only be recognized if delivery notes are endorsed

           Accordingly.

4.  Payments

     4.1  All payments are made in advance, except if prior arrangements have

            been made to buy against open accounts which are payable strictly 30

            days nett.

     4.2  While any accounts  of the Purchaser is overdue, RIETVALLEI NURSERY

             may withhold or suspend performance of any contractual obligations to the

             Purchaser.

5.  Claims

     5.1  RIETVALLEI NURSERY shall not be liable for any loss of profit or for any

            damage, direct or indirect which may be sustained by the Purchaser in

            consequence of late deliviries, failure to deliver,or defective delivery,whether

             through the fault of RIETVALLEI NURSERY or  through any causes     

            whatsoever.

     5.2  No claims will be recognized after the product has been planted.

6.  Warrantly

     6.1  All warranties and representations, whether expressed or implied as to the

            suitability of the articles for any specific purpose or otherwise, or as to their

            freedom of defects, are hereby expressly excluded and shall under no

            circumstances, whether of not there be any faults or defects on its part,

            be liable to the Purchaser or any other person for any consequential   loss,

            damages or expenses of whatsoever nature.

7.  Returns

     7.1  The Purchaser shall not return any product or cancel any confirmed order.

     7.2  In the case where RIETVALLEI NURSERY agrees to take back any product

            It is at their sole discretion.

8.  Orders

      8.1  Orders  must be confirmed in writing.

     8.2  Confirmed orders may only be cancelled by mutual consent.

     8.3  The Purchaser agrees to accept any costs that RIETVALLEI NURSERY

            may be charged as a result of a cancelled order.

9.  Jurisdiction

     9.1  At the  election of RIETVALLEI NURSERY any action arising by virtue of these

            conditions may be instituted by in the Magistrates Court of the district having

            jurisdiction not with standing that such proceedings are otherwise beyond the

            jurisdiction of the Magistrates Court.

10. Legal Costs

      10.1 The Purchaser shall pay all legal costs incurred by RIETVALLEI NURSREY

               with its attorneys on the attorney and own client scale in respect of all actions

               and disputes which may arise between RIETVALLEI NURSERY instructing its

               attorneys to collect any amount owing by the Purchaser, the Purchaser shall

               pay all the collection commission and other costs incurred by RIETVALLEI

               NURSERY with its attorneys in that regard on an attorney and own client scale.

11.  Non Waiver

       11.1  The failure of RIETVALLEI NURSERY to strictly enforce any provision of

                 these conditions shall not be constructed as a waiver by RIETVALLEI

                  NURSERY right to strictly enforce such conditions.

12.  Place of sale

       12.1   The parties hereto agree that the sale of the products and the

                  whole agreement was made and entered into Princess, District

                   Roodepoort.