"Buyer" means the individual, firm, company or corporation placing an order
"Conditions" means the standard terms and conditions of sale set out herein
"Contract" means the contract for the sale of Goods incorporating the Conditions
"Goods" means the goods which the Seller is to sell to the Buyer
"Seller" means Innovative Motor Merchandise CC t/a Motor Merchandise (Abbreviated to MM in this document)
Unless agreed in writing by the Seller, the Conditions shall override any terms or conditions proposed, stipulated or referred to by the Buyer in correspondence, in its order form or elsewhere. None of the Seller's agents or employees is authorised to conclude agreements with the Buyer which conflict with these Conditions without the agreement in writing of a director of the Seller.
The description, data and illustrations in any brochure, catalogue, price list or other advertising material supplied or published (whether in writing or electronically or on the Seller's web site) by the Seller is for illustrative purposes only and shall not form part of any contract.
The Contract shall be governed by the laws of South Africa of the Randburg Magistrate district
Quotations and price lists issued by the Seller shall not constitute an offer to sell the Goods. All quotations remain valid for 30 days from the date on the quotation unless an extension is agreed in writing by the Seller. All prices quoted are exclusive of VAT unless otherwise stated in writing. VAT at the prevailing rate will be added to all prices upon presentation of the invoice to the Buyer.
The Goods supplied remain the property of the Seller until such times as they are paid for in full although the risk of damage or loss for the Goods will pass to the Buyer on delivery.
Payment terms are 30 days from the date of the invoice where a credit account exists or where no credit facility is in place the Goods must be paid for in full before despatch. If payment for the Goods is overdue in whole or in part, the Seller may repossess the Goods and enter upon the Buyer's premises for this purpose.
The Seller reserves the right to suspend or cancel credit facilities at its absolute discretion and to charge interest on overdue accounts.
The Seller must be advised if the Goods are not received within 10 days of the invoice date.
Warranty and Defects - Limitation of Liability.
The Seller warrants to the Buyer that the Goods will be at the time of delivery free from any material defect due to faulty materials or workmanship so long as:
- the Buyer gives the Seller full details of any defect immediately it becomes apparent and in any event not more than seven days from the date of delivery.
- the Goods have not in the view of the Seller suffered excess wear and tear by improper or careless use or storage, excessive stressing, improper installation or the like.
In the event that the Buyer claims from the Seller under the above warranty, the liability of the Seller to the Buyer shall in no circumstances exceed the value of the Goods which are the subject of the claim. For the avoidance of doubt, the Seller shall have no liability to the Buyer under any part of the Contract for consequential loss of any kind direct or indirect suffered by the Buyer.
All implied warranties or conditions are excluded to the extent permitted by law unless otherwise stated.
In the event of a claim by the Buyer under warranty, the Seller may at its absolute discretion after inspecting the Goods (and if satisfied that their condition has not deteriorated following delivery) repair or replace the Goods, or take them back and refund the price.
Incorrect Goods: It is the Buyer's responsibility to notify the Seller within 7 days from the date of delivery of any incorrect Goods supplied. In the event of supply of incorrect Goods, the Seller undertakes to replace them with the correct Goods as soon as reasonably practicable.
Shortages: It is the Buyer's responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and notified to the Seller within 7 days of the date of delivery.
The Seller will use its reasonable endeavours to deliver the Goods to the Buyer in good time but shall have no liability to the Buyer for failure to deliver and the time for delivery shall not be of the essence in any Contract.
The Seller may only refuse to accept delivery if:
- after the date of our acknowledgement of the order the Buyer has sent the Seller a notice specifying a deadline date and
- the Seller has specifically accepted that date in writing.
All products and services are subject to availability and may be withdrawn at any time. If the Seller does not supply the Goods for any reason it will not charge the Buyer and will refund any money already paid for them.
The content on the website replaces all previous contents and the products on them.
All custom designed and manufactured products are non refundable.