THE PAPER WORK
TERMS & CONDITIONS
Your buying rights are protected.
The Customer,
These terms and conditions read together with the order form, monthly statements and the offer. This constitutes all relevant provisions of the BEKA MANUFACTURING SA (PTY) LTD catalogue and other marketing material containing an offer to purchase based on terms and pricing under which BEKA MANUFACTURING SA (PTY) LTD (“BEKA MANUFACTURING SA (PTY) LTD”), supplies the goods (“the goods”) as described in the BEKA MANUFACTURING SA (PTY) LTD catalogue to the Customer (“the Customer”) whose full name and address appears on the returned order form when he/she orders the goods (“the order form”) . The Customer signs and accepts these terms in the space provided on the order form. In the event of the Customer not personally signing these terms, then the person so signing is deemed to have been authorised to sign on the Customer’s behalf, unless the Customer returns the goods within 24 to 48 hours of delivery. Failure to sign does not automatically signify non-acceptance of the goods by the Customer and/or non-acceptance of the terms upon which BEKA MANUFACTURING SA (PTY) LTD may grant credit to the Customer. The Customer must signify such non-acceptance by returning the goods in accordance with clause 1.3 below.
1. Approval period
1.1 BEKA MANUFACTURING (LTD) (PTY) assessing the Customer’s credit available, nothing shall oblige
BEKA MANUFACTURING SA (PTY) LTD to supply the Customer with the goods. If BEKA MANUFACTURING SA (PTY) LTD grants the Customer credit and supplies the goods it shall deliver them to the Customer who may accept or reject the goods as set out in clause 1.2 and 1.3 below.
1.2 All goods supplied by BEKA MANUFACTURING SA (PTY) LTD to the Customer are subject to the Customer’s approval. The Customer has a period of 24 to 48 hours with effect from the date of receipt of the goods to examine the goods and, if they do not meet with the Customer’s approval for any reason, to return the goods in terms of clause 1.3 below upon which this credit agreement will be terminated. If the goods are not returned by the Customer to BEKA MANUFACTURING SA (PTY) LTD 24 to 48 hours of the Customer receiving them, the Customer is irrefutably deemed to have elected to purchase the goods.
1.3 The goods must be returned together with the packing list to BEKA MANUFACTURING SA (PTY) the Customer in the original packaging, if possible, and by insured post. All returns must be addressed to BEKA MANUFACTURING SA (PTY) LTD, Born Free Business Park, 89 Main Reef Road Langlaagte, 2092 Johannesburg. All items received including any gifts must be returned. If not returned the customer will be liable and therefore an invoice will be issued to the customer.
2. Payment options
The Customer shall pay for the goods using debit order granted by BEKA MANUFACTURING SA (PTY) LTD. The granting by BEKA MANUFACTURING SA (PTY) LTD of any such credit shall be at BEKA MANUFACTURING SA (PTY) LTD’s discretion.
3. Payment on terms
3.1 Where credit is granted by BEKA MANUFACTURING SA (PTY) LTD to the Customer, the monthly repayments will be made in such amounts and in the number of installments as per the Pre-Agreement. Those amounts already paid by the Customer, together with finance charges thereon and any other amounts still owing by the Customer, will be reflected in
the monthly statements.
3.2 A certificate issued and signed by one of the directors of BEKA MANUFACTURING SA (PTY) LTD stating the
amount owing by the Customer is prima facie proof of the facts stated therein and may be used in support of any court application or action.
4. Payment schedule and payments
4.1Customers are obliged to pay 30% deposit for each product purchase and finance charges calculated
on the purchase price on terms.
4.1.1 Three months term 5% finance charge.
4.1.2 Six months term 7.5% finance charge.
4.2 For the payments schedule, setting out the credit extended, frequency of payments, number of payments and the dates for the first payment and last payment.
4.3 The first installment payable by the Customer shall be paid on or before the date shown on as the ‘First payment date.
4.4 Failure by the Customer to make payment of any installment/s on the due date will entitle BEKA MANUFACTURING SA (PTY) LTD to claim the full balance of the purchase price then owing without further notice to the Customer and all collection cost in curred by Beka.
5. Default administration charges
5.1 Should the Customer be in arrears with his/her monthly installments and should BEKA MANUFACTURING SA (PTY) LTD take steps to enforce the agreement , the Customer shall be liable for all default administration charges and collection costs incurred by BEKA MANUFACTURING SA (PTY) LTD, including collection commissions, costs of an attorney and such other reasonable expenses incurred by BEKA MANUFACTURING SA (PTY) LTD in enforcing this agreement (such as telephone calls and letters to you).
5.2 BEKA MANUFACTURING SA (PTY) LTD will not collect or attempt to collect any amounts for costs exceeding costs allowed for in terms of the Magistrates’ Court, the Supreme Court or the Debt Collectors.
6. Delivery, ownership and risk
Subject to 1.2 here in, ownership of the goods will pass to the Customer immediately upon receipt by BEKA MANUFACTURING SA (PTY) LTD of a portion of the purchase price, and the Customer does not provide BEKA MANUFACTURING SA (PTY) LTD with any form of real or personal security in support of the amount owing by the Customer to BEKA MANUFACTURING SA (PTY) LTD from time to time in terms of this agreement. Risk in the goods passes to the Customer upon delivery of the goods. Unless the contrary is proved, a delivery note shall constitute proof of delivery.
7. Guarantee
7.1 The product guarantee (details of which appear in the BEKA MANUFACTURING SA (PTY) LTD catalogue) given warranties or guarantees implied by the law. The Customer will have no further claims.
7.2 The Customer must inform BEKA MANUFACTURING SA (PTY) LTD of any breakages of or shortages in the goods by way of a written notice to be received by BEKA MANUFACTURING SA (PTY) LTD within 24 to 48 hours of receipt of the goods by the Customer. Failure to do so is an acknowledgement that the goods received by the Customer are complete and in good order.
8. Obligation to disclose location of goods
The Customer undertakes to, within 3 business days, notify BEKA MANUFACTURING SA (PTY) LTD in writing of any change to the Customer’s residential address, the address of the premises where the goods, subject to this agreement, are ordinarily kept and the name and the address of any other person to whom possession of the goods has been transferred. This notification can be hand delivered, sent by registered mail or electronic mail. Failure by the Customer to notify BEKA MANUFACTURING SA (PTY) LTD of the address change could constitute breach of agreement /contract.
9. Address for receiving documents
The addresses stated in the order form and in and quotation for the Customer and for BEKA MANUFACTURING SA (PTY) LTD shall be the addresses for service and to which all notices, processes, statements and correspondence will be sent. The Customer and BEKA MANUFACTURING SA (PTY) LTD undertake to immediately notify each other in writing of any change of address and this change will only come into effect 24 to 48 hours after notification. This notification can be hand delivered, sent by registered mail or electronic mail.
10. Credit information and limits
The Customer hereby agrees that BEKA MANUFACTURING SA (PTY) LTD may register information about the conduct of the Customer’s account with the credit information bureau, without notice to the Customer. Such information may be used both by BEKA MANUFACTURING SA (PTY) LTD and other members of the credit information bureau to make credit decisions in respect of the Customer and/or members of his/her household, to prevent fraud and to assist in the tracing of debtors.
11. Breach/BEKA BEKA MANUFACTURING SA (PTY) LTD right to terminate the agreement
11.1 Should the Customer:
11.2 default in punctual repayments or any other amount falling due in terms of this agreement or breach any other term of this agreement; or
11.3 be sequestrated; then BEKA MANUFACTURING SA (PTY) LTD may draw the default to the notice of the Customer in writing and propose that the Customer refer the credit agreement to a debt counselor, alternative dispute resolution agent, consumer court or ombud with jurisdiction, with the intent that the parties resolve any dispute under the agreement or develop and agree on a plan to bring payments under the agreement up to date.
11.4 If the Customer has been in default for at least 20 (twenty) business days and at least 10 (ten) business days have elapsed since BEKA MANUFACTURING SA (PTY) LTD sent the Customer notice and the Customer has not responded to the notice, or has responded by rejecting BEKA MANUFACTURING SA (PTY) LTD’s proposals, BEKA MANUFACTURING SA (PTY) LTD may approach a court for an order to enforce the agreement;
11.5 have made any incorrect material statement or representation in connection with this agreement or his/her financial affairs or be an unrehabilitated insolvent; or
11.6 do or suffer anything to be done which might prejudice BEKA MANUFACTURING SA (PTY) LTD’s rights under this agreement; then BEKA MANUFACTURING SA (PTY) entitled in its election without further notice to the Customer and without prejudice to any other rights but subject to the provisions of the Act, to cancel this agreement, take back possession of the goods and claim as liquidated damages, payment of the balance of the amounts still owing notwithstanding that such balance may not be due and payable at the time of such cancellation.
12. Early settlement
12.1 The Customer is entitled to settle the full balance owing under the credit agreement at any time, with or without advance notice to BEKA MANUFACTURING SA (PTY) LTD.
12.2 If the Customer wishes to pay the full balance owing before the due date for payment, he/she should request BEKA MANUFACTURING SA (PTY) LTD to provide him/her with an early settlement figure, the amount of which is calculated at the reasonable discretion of BEKA MANUFACTURING SA (PTY) LTD taking into account any of the charges . If the Customer decides to pay the said early settlement figure, he must ensure that such payment is received by BEKA MANUFACTURING SA (PTY) LTD before the next invoice statement date.
13. Monthly statements
BEKA MANUFACTURING SA (PTY) LTD will send the Customer monthly statements through the post or via e-mail setting out the total balance due by the Customer as at the date of the statement.
14. Surrender of goods
A Customer may give written notice to BEKA MANUFACTURING SA (PTY LTD to terminate the agreement and return the goods that are subject to the agreement to BEKA MANUFACTURING SA (PTY) LTD’s place of business within 5 (five) business days after the date of the written notice or within such other period as may be agreed with BEKA MANUFACTURING SA (PTY) LTD. The cost of returning the goods to BEKA MANUFACTURING SA (PTY) LTD will be at the Customer’s expense. Within 10 (ten) business days of the later of receiving the written notice or receiving the goods, BEKA MANUFACTURING SA (PTY) LTD will give the Customer written notice of the estimated value of the goods. Unless the Customer is in default, he or she may then withdraw the notice to terminate the agreement and resume possession of the goods. The cost of sending the goods back to the Customer will be at the Customer’s expense.
If the Customer is in default or does not respond to the notice, BEKA MANUFACTURING SA (PTY) LTD must sell the goods as soon as practicable for the best price reasonably obtainable. After selling the goods and crediting the Customer’s account with the proceeds less selling expenses and other permitted charges, BEKA MANUFACTURING SA (PTY) LTD will inform the Customer in writing of the remaining settlement value (if any) and demand payment for this.
15. Marketing options
BEKA MANUFACTURING SA (PTY) LTD will afford/will have already afforded Customers the opportunity to select any of the following options:
– to be excluded from any telemarketing campaigns that may be conducted by or on behalf of BEKA MANUFACTURING SA (PTY) LTD
– to be excluded from marketing or customer lists that may be sold or distributed by BEKA MANUFACTURING SA (PTY) LTD– to be excluded from any mass distribution of e-mail or sms messages.
The Customer is entitled at any time to contact BEKA MANUFACTURING SA (PTY) LTD and request that the options selected by the Customer be amended.
15. Marketing options
BEKA MANUFACTURING SA (PTY) LTD will afford/will have already afforded Customers the opportunity to select any of the following options:
– to be excluded from any telemarketing campaigns that may be conducted by or on behalf of BEKA MANUFACTURING SA (PTY) LTD
– to be excluded from marketing or customer lists that may be sold or distributed by BEKA MANUFACTURING SA (PTY) LTD– to be excluded from any mass distribution of e-mail or sms messages.
The Customer is entitled at any time to contact BEKA MANUFACTURING SA (PTY) LTD and request that the options selected by the Customer be amended.
16. Disputes
Disputes should be raised through our contact Centre at 011 837 7991
17. General
No modification to, variation to, amendment or addition to, or deletion from these terms and conditions is effective or enforceable unless expressed in writing and signed by both parties. No indulgence granted by BEKA MANUFACTURING SA (PTY) LTD is deemed to be a waiver by BEKA MANUFACTURING SA (PTY) LTD of any of its rights in this agreement. The Customer may not cede any of his/her rights under this agreement without BEKA MANUFACTURING SA (PTY) LTD’S prior written consent.
18. All prices include VAT.
Upon product purchase and check out you will be required to agree to the present terms and conditions.
