All goods supplied and services rendered by Arthur K to the buyer shall be governed strictly and exclusively on the basis of these terms and conditions of sale. These terms and conditions supercede any terms and conditions stipulated by the buyer irrespective of any stipulation which may appear on a buyer’s order, unless reduced to writing and signed by both the seller and buyer.
Samples and catalogues are to be considered non-binding material for purposes of illustration and/or testing, giving only an approximation of goods and specification thereof. The weight, volume and gauge of the goods as measured on shipment are valid and binding in all respects. No contract shall come into existence until the 50% deposit is paid.
The purchase price of any goods shall, except where agreed otherwise in writing and signed by the seller and the buyer, be the purchase price applicable on date of delivery by Arthur K. Arthur K reserves the right to change its prices from time to time as it, in its sole discretion deems fit and if this increase occurs after confirmation of order but before delivery of goods the buyer shall have the right to cancel the order within 24 hours of notification of such increase. (Increase in prices might stem from reasons beyond our control such as force majeure, shortage of primary material or labour, strikes, official orders, transportation or similar problems.) Arthur K’s prices are ex works unless stated otherwise and do not include any kind of taxes.
The quality of the goods is determined strictly and exclusively in accordance with Arthur K’s product specifications, which can be made available to the buyer upon request at any time. The description in respect of the goods and composition of specimens and samples are binding on Arthur K only insofar as they have been specifically agreed in writing to define the quality of goods. Arthur K does not warrant the suitability for any specific purpose of the goods, and insofar as permitted under the Consumer Protection Act, any product specifications or other information provided by Arthur K shall not relieve the buyer of the need to conduct his/her/its own investigations and tests as to the suitability and application of the goods for any particular purpose. The buyer shall have no claim against Arthur K if the goods are provided in accordance with the product specifications thereof but are not suitable for any particular purpose not specifically agreed to in writing by Arthur K before the goods were supplied. The goods of Arthur K go through a quality control check and Arthur K makes sure it is custom packaged and handled with care. Since Arthur K uses natural birch ply-wood, some minor insufficiencies in the product may occur. Small irregularities in shapes, finishes and surfaces are hallmarks of the product and should not be considered defects but a sign of unique authenticity and cherished as such. The goods are sold as self-assembly kits and Arthur K does not take any responsibility for incorrect assembly. Please refer to Arthur K’s assembly instructions on www.arthurk.co.za. Arthur K recognises that its customers and buyers may be consumers under the Consumer Protection Act and its Regulations insofar as any transactions are protected under the Consumer Protection Act. Any clause in respect of such transaction and terms of these terms and conditions shall be interpreted in order to give effect to the customer’s rights. Likewise, the customer recognises and confirms that insofar as they are not in conflict with these terms of conditions, the customer shall perform its obligations under these terms and conditions.
In the event that a buyer alleges that he has a claim against Arthur K (for any reason whatever) he shall not be entitled to claim set off or deduction in respect of any payment due by the buyer to Arthur K for goods supplied. Arthur K may allocate all payments made by the buyer at the discretion of Arthur K or otherwise where legally established or undisputed. Prices quoted are ex-factory or FOB, and Arthur K should be contacted for other preferred shipment terms.
Deliveries shall be made within a reasonable period after conclusion of the agreement, and the parties specifically agree that there shall be no specific time or specific date for the delivery of the goods. Arthur K reserves the right to postpone or defer delivery under this agreement or any other supply agreement entered into with the buyer if and for so long as the buyer fails to pay any invoice when due. Arthur K reserves the right to postpone delivery in the case of force majeure for the duration of the obstruction plus a reasonable period of recuperation thereafter. Arthur K aims to supply buyer’s order within 6 to 8 weeks, however lead times can vary depending on the quantities.
Goods travel at cost and danger of the buyer, unless agreed otherwise. Notwithstanding that all risk in and to all goods sold by Arthur K shall pass on delivery, ownership of all goods sold and delivered shall remain vested Arthur K until the purchase price has been paid in full. Pledging or cession as security of these goods is not allowed. For safeguard, receivables based either on the sale of these goods or on any other ground (insurance, delicts) are considered fully ceded to Arthur K. The Buyer authorises Arthur K to collect these receivables at buyer’s costs, a right which Arthur K is entitled, but not obliged, to exercise if buyer fails to meet payment obligations towards Arthur K or, particularly, institutes bankruptcy proceedings. In the case of bankruptcy or suspension of payment, Arthur K has the right to demand that the buyer declares the ceded receivables, gives all information and documentation necessary for Arthur K to collect Arthur K’s claims and inform the cedent(s) of the cession. Should third parties attempt to lay claim to or attach these goods or receivables, the buyer is obliged to inform them of Arthur K’s claim and/or proprietary rights in respect thereof and immediately inform Arthur K of the intention.
Minimum orders in quantities of 12 or multiples thereof will apply per unit. Any order cancelled in terms of the buyer’s right to cancel and advance reservation, booking or order shall be subject to a reasonable cancellation penalty calculated in accordance with the principles set out in the Consumer Protection Act.
Arthur K shall not be liable for any damage caused to goods after delivery and notice of claims arising out of damage in transit must be lodged by buyer directly with the carrier within the notification period specified in the contract of carriage and Arthur K shall be provided with a copy of the notice. Arthur K shall ship the goods to the buyer’s chosen address using Arthur K’s service providers who shall act as agents of the Buyer. The Buyer may also make use of its own service providers for shipping purposes.
Arthur K shall not be liable to the buyer in any manner in the event of impossibility or delay of supply due to circumstances entirely beyond the control of Arthur K, such as but not limited to those described in clause 6 above. Arthur K shall not be liable to the buyer for goods delivered in good order and thereafter damaged in the possession of the buyer due to improper care or storage, use or application, contrary to any instructions and/or warnings provided or available for the goods, or any other direct or indirect act or omission by the buyer, its employees or agents resulting in the goods being damaged or causing harm to any person or damage to any property. Arthur K shall not be liable for any harm caused by the goods to a third party if the harm caused to the third party is due to the buyer, its employees or agents providing inadequate instructions or warnings in respect of the goods to the third party. If any valid claim of faulty merchandise is made, Arthur K are obliged to either replace the merchandise free of charge or repair it, the choice being at Arthur K’s sole discretion. All claims shall be in compliance to the applicable governing body of this particular industry.
The buyer must notify Arthur K in writing of any defective goods within 24 (twenty four) hours of delivery of the goods Arthur K will forthwith communicate with the Buyer with regard to the procedure to be adopted with regard to the return/repair/replacement of the defective goods.
Should the buyer fail to make payment of the balance due on delivery, and remain in breach for a period of seven days thereafter, Arthus K shall have the right to re-claim possession of the goods and to keep the deposit paid as rouwkoop (agreed pre-estimate of damages). The buyer agrees to accept liability for all legal costs on an attorney and own client scale in the event of any legal action being necessitated.
Regardless of the place of execution or performance or domicile of the buyer, these terms and conditions and all modifications and amendments hereof including any contract concluded in relation hereto, shall be governed by and decided upon and constructed under and in accordance with the laws of the Republic of South Africa. The buyer hereby submits to the jurisdiction of Magistrates Court, notwithstanding that the amount of any claim may exceed the monetary jurisdiction of the Magistrates Court. The buyer’s physical address as supplied with its order shall be recognised as the buyer’s address for receipt of notices and execution of legal documents for all purposes in terms of this agreement whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatever nature. Arthur K’s chosen domicilium is as stated on its invoice.
These terms and conditions are automatically incorporated into any agreement and together with any signed documentation constitutes the entire agreement between Arthur K and the buyer and shall govern all future contractual relationships between Arthur K and the buyer and shall also be applicable to all debts which may owe to Arthur K prior to the buyer’s signature hereto. Arthur K assumes no liability and shall not be bound by any statements, warranties or representations made by any dealers and or salespersons save as expressly stated in writing and signed by Arthur K or a person duly authorized thereto. No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, shall be of any force or effect unless reduced to writing and signed by, the buyer. No agreement purporting to obligate Arthur K to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions, shall be of any force or effect, unless reduce to writing and signed by the buyer and Arthur K. No relaxation or indulgence which Arthur K may give at any time in regard to the carrying out of the buyer’s obligations in terms of any contract shall prejudice or be deemed to be a waiver of any of Arthur K’s rights. Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, then the term shall be severable and shall not affect the validity of the other terms. Provided that they do not conflict with any of the terms and conditions contained herein, such as general practices, terms and conditions applicable to the industry in which Arthur K conducts business shall be applicable to all dealings between Arthur K and the buyer.
-If any provision of these terms and conditions are in conflict with the NCA, such conflicting terms and conditions shall not apply;
– Arthur K and the buyer shall conclude an agreement in compliance with the NCA and Arthur K shall not be obliged to deliver any goods or provide any services until such agreement is signed;
-The costs and charges which Arthur K is entitled to recover from the buyer shall be the maximum allowed by the NCA and Arthur K shall be obliged to comply with the NCA before instituting any legal proceedings against the Customer.