TERMS and CONDITIONS
In these terms:
''Buyer'' means the person, company, organisation or legal entity that accepts the Seller's quotation for the sale of the Goods or whose order for the Goods is accepted by the Seller.
''Contract'' means the contract for the purchase and sale of the Goods.
''Goods'' means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms.
''Seller'' means the owners of this web site, i.e AG SHARP (PTY) LTD.
''Terms'' means the standard conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller
''Writing'' and any similar expression includes e-mail, facsimile transmission and comparable means of communication.
Any reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time
Throughout the following terms and conditions, the term "www.agsharp.co.za" or "us" or "we" or "the company" or "the website" or "the Seller" refers to the owners of the website. Whereas, the term "you" or "your" or "customer" or "client" refers to the user or viewer of this website. Your purchase from or usage of www.agsharp.co.za implies that you have read and accepted these terms and conditions.
BASIS OF THE SALE
The Seller shall sell and the Buyer shall purchase the Goods, subject to these Terms, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any quotation is accepted or purported to be accepted, or any order is made or purported to be made, by the Buyer. No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller
The Contract shall (subject to these Terms in either case) comprise either the Seller's quotation if accepted by the Buyer or the Buyer's verbal or written order received by telephone, mail, e-mail or facsimile and the Seller's subsequent written acknowledgement of the order or by delivery of the Goods.
Any advice or recommendation given by the Seller or its employees to the Buyer or its employees or agents as to the application, installation or use of the Goods which is not confirmed in Writing by the Seller is followed or acted on entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
ORDERS AND SPECIFICATIONS
No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until either confirmed in Writing by the Seller's authorised representative or by delivery of the Goods.
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification.
The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance thereof.
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
Where the Seller agrees to replace all or part of the Goods at the request of the Buyer then:-
- the Buyer shall arrange at its cost and risk, for the return of the Goods to the Seller's place of business (or agreed return address). Where such Goods are to be returned undamaged unused and in their original packaging.
- the Buyer shall pay to the Seller any difference in price between the returned Goods and the replacement Goods and the Buyer shall reimburse to the Seller the cost of delivery of the replacement Goods all such payments to be made in accordance with these Terms and the Contract.
CANCELLATION of ORDERS
If for any reason you would like to cancel an order this may be done by contacting us telephonically and then followed up by a confirmation email. Orders can only be cancelled within 48hours of the order confirmation and prior to our supplier shipping this order, which ever occurs first.
If apon receipt of your order, there are errors and/or ommissions therein. Then please contact us within 10 (ten) calendar days of receipt of your order. Subject to our existing policies and terms, and after we have inspected it we will provide a suitable remedy i.e usually in the form of a replacement - this will be communicated to you prior to any action being taken on our part. Should you fail to notify us of this error or ommission within this time period then a restocking fee will be applied. This fee can be up 15% of the value of the original order.
PRICE OF THE GOODS
- Any discounts given to the Buyer by the Seller in relation to the price of the Goods are conditional upon payment for the Goods being made strictly in accordance with the Contract and these Terms and Conditions. The price of the Goods shall be the Seller's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller's published price list current at the date of acceptance of the order or quotation (as the case may be). All prices quoted are valid for 7 business days only or until earlier acceptance by the Buyer, after which time they may change.
- The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller. This may include any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer. In addition any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions may also affect the final price charged to the Buyer.
- Except as otherwise stated in the Seller's quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices given by the Seller are exclusive of any delivery charges.
- The price is inclusive of any applicable value added tax.
Orders will be delivered by 3rd party mail and/or courier services. The Buyer can elect to use a courier service of their choice and should they select this option, then they must inform us when they place the order. If no such instruction is received at the time of order placement then we will use our courier service and the standard delivery charge will be levied on the order.
We accept payment in cash (in local currency only) or by Electronic Funds Transfer (EFT) into out Bank account. EFT payments are only possible by prior arrangement. With EFT your order is only released once the funds have been cleared by our Bank.
We do NOT accept cheques under ANY circumstances. In the event that a cheque deposit has been made into our Bank account then the order will be cancelled and the onus is entirely on you (the customer) to resolve this situation with the bank. At this time we do NOT accept any credit or debit cards.
TERMS OF PAYMENT
- The Buyer shall pay the price of the goods on acceptance of order by the Seller and before goods are released and/or dispatched to the customer.
- Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date on giving reasonable notice to the Buyer
- Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the installments in accordance with these Terms or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
- The Buyer shall inspect the Goods at the time and point of delivery. The Buyer must notify the Seller within 10 calendar days of any discrepancies in the goods received versus those ordered. If no such notification is received in this time then the delivery of said goods is deemed to have been correctly executed and completed and is full compliance with the order received from the customer.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without limiting any other right or remedy available to the Seller, the Seller may - store the goods until actual re-scheduled delivery and re-charge the Buyer for re-delivery.
RISK AND PROPERTY
- Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer fails to take delivery of the Goods or refuses to take delivery of the goods.
- Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price ofthe Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
LIMITATION OF LIABILITY
The Seller warrants subject to these Terms that the Goods will be free from defects in materials or workmanship at the time of delivery provided that the Seller shall be under no liability:
- Where the Goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Terms.
- Where a valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer.
- The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control including strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party).
- Any notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
- No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
- The Contract shall be governed by the laws of the Republic of South Africa and the Buyer agrees to submit to the non-exclusive jurisdiction of the South African Courts.
- Each Contract will only confer rights and benefits on the Buyer and no third party will acquire any rights or benefits under the Contract.
FAILED DELIVERY, INCORRECT SHIPPING ADDRESS, REFUSED SHIPMENT
If an order is returned to us due to a failed delivery, incorrect shipping address, or refused shipment the order will become the property of the seller.
SHIPPING AND HANDLING
We take exceptional care to ensure your order will arrive to you in perfect condition.Orders for in-sock items will be processed within 1/2 business days.
Our products are subject to availability. The Seller is not responsible for any order that has been shipped or delayed, delivered, or for non deliverable locations. We reserve the right to charge customer(s) as needed to cover the full amount that is due for any past due amounts or any monies that are owed to the Seller. The Seller is in no way responsible for any shipment that is not delivered and by purchasing from us. By using this site, you are agreeing to these terms and hereby forfeit any right to dispute any shipment that has been delayed, lost, stolen, or non-deliverable or has been miss-delivered unless the fault is of the Seller.
Our business hours are Monday-Friday: 08:30 - 17:30, (so if your order is placed in the evening or on a weekend,please keep in mind that it will not be received until the next business day.
CHANGES to TERMS and CONDITIONS
We reserve the right to change these terms and conditions and/or prices as we see fit and without notification. It is the customer's responsibility to read and understand the terms and conditions before placing an order and to check for changes.