Terms and Conditions of Acufill Processing and Packaging Equipment Proprietary Limited, Registration Number: 2015/311405/07.

These terms and conditions apply to all quotations, tax invoices and job cards for goods sold or services rendered.

1.           Definitions

  • Consumer Protection Act” means the Consumer Protection Act, 68 of 2008;
  • goods” means the processing equipment or the packaging equipment as more fully described in the quotation or tax invoice;
  • price” means the price as set out in the quotation or tax invoice;
  • Purchaser” means the Purchaser as set out in the quotation or tax invoice;
  • services” means the services as more fully described in the quotation or tax invoice;
  • Acufill” means Acufill Processing and Packaging Equipment Proprietary Limited, Registration Number: 2015/311405/07.

2.           Quotations

  • The price of the goods or the services shall be the price as set out in the
  • Acufill has the right to change its pricing from time to time without notice.
  • All quotes are valid for 30 (thirty) days from the date of the The validity of any price quoted is subject to availability and to any increases in the price of the goods as charged by Acufill suppliers and to a 3% or more devaluation of the Rand against the currency stated in the quote.

3.           Orders

  • Acufill will accept only written orders.
  • The Purchaser shall provide Acufill with an order number which, upon acceptance by Acufill, will be subject to these terms and conditions.
  • Orders may not be varied or cancelled without the prior written consent of Acufill.

4.           Payment

  • The Purchaser shall make payment of any deposit as set out in the quotation or tax invoice.
  • The Purchaser shall pay the balance of the price as set out in the quotation or tax invoice.
  • The Purchaser shall not be entitled to withhold payment or apply set off or deduction from any payment due for any reason whatsoever. No extension of payment will be granted unless reduced to writing and signed by both parties.
  • Acufill shall have the right not to deliver the goods or render the services if any payment due by the Purchaser is not received.
  • Should the balance of the price remain outstanding for a period in excess of 90 (ninety) days, and without prejudice to any of its rights, Acufill reserves the right to sell the goods in an effort to defray the costs associated with the goods.

5.           Delivery

  • The Purchaser confirms that it has had the opportunity to examine the goods or the services rendered.
  • If damaged goods are accepted, a note of the type of damage must be made by the Purchaser on the front of the delivery note or tax If the goods are accepted and no note is made it shall serve as conclusive proof that the goods were received in good condition by the Purchaser.
  • Any delivery note or tax invoice signed by the Purchaser or its authorised representative shall be conclusive proof that the goods have been delivered or that the services have been rendered per the description.
  • In the event that the Purchaser engages its own third party to transport the goods, the Purchaser indemnifies Acufill against any claims of any nature whatsoever that may arise from such an appointment.
  • Acufill is entitled to engage a third party on its behalf to transport the goods to the delivery address stipulated by the Purchaser. 
  • Acufill does not guarantee that the goods will be dispatched or delivered on any particular date and time. The Purchaser shall have no claim against Acufill for any loss occasioned by any reasonable delay in dispatch or delivery, nor may the Purchaser cancel any order by reason of such reasonable delay.
  • Acufill reserves the right to charge delivery charges as and when necessary.

6.           Ownership and Risk

Save for goods in respect of which services are rendered:

  • The goods shall remain the property of Acufill until the goods have been paid for in full.
  • All risk in and to the goods shall pass to the Purchaser on delivery

7.           Warranties and Indemnity

  • The goods may be guaranteed under the manufacturer’s product specific warranty, in which event such relevant terms and conditions will stated.
  • No representation, guarantee or warranty, including but not limited to, statements of capacity, suitability for use or performance, made by any employee of Acufill shall be construed to be a representation, guarantee or warranty by Acufill. Any such representation, guarantee or warrantee shall not give rise to any liability of any nature on the part of Acufill or its representatives.

 

Acufill will not be liable to the Purchaser for any loss, damage or expense of any nature whatsoever, whether direct, indirect, special or consequential, including but not limited to, loss of profits arising out of the use of the goods.

8.           Returned Goods

  • The acceptance of defective goods by Acufill shall be subject to the terms and conditions of the manufacturer’s product specific warranty in which event such relevant terms and conditions will
  • The Purchaser shall have the right to return the goods to Acufill and receive a full refund of the price paid for the goods, if Acufill has delivered the goods, under the following conditions:
    • in terms of an agreement arising out of direct marketing and the Purchaser has rescinded that agreement during the cooling off period as provided for in the Consumer Protection Act;
    • the Purchaser has rejected delivery of the goods for any of the reasons contemplated in the Consumer Protection Act;
    • the goods were intended to satisfy a particular purpose communicated to Acufill as contemplated in the Consumer Protection Act and within 10 (ten) business days after delivery to the Purchaser the goods have been found to be unsuitable for that particular purpose.
  • In the event of the goods being accepted for return, Acufill reserves the right to charge a reasonable fee for the goods so as to offset reasonable costs.

9.           Breach

  • In the event that the Purchaser breaches any of the terms of this agreement and fails to remedy such breach within 48 (forty-eight) hours after receipt of a notice to that effect from Acufill, or if the Purchaser is sequestrated or placed under liquidation or enters into judicial management or any act of insolvency, or enters into a compromise with its creditors, or fails to satisfy a judgment granted against it within 7 (seven) days of the date of the judgment, or changes the structure of its ownership, Acufill shall be entitled to cancel its agreement with the Purchaser or to claim immediate payment and/or specific performance by the Purchaser of all the Purchaser’s obligations, whether or not the due date for payment and/or performance shall have arrived, in either event without affecting Acufill’ right to claim damages or any other claim to which it may be entitled.
  • In the event that the agreement is cancelled in consequence of any of the events described above, Acufill shall be entitled to retain any deposits paid to it by the Purchaser as a genuine pre- estimate of such losses suffered by Acufill in consequence of such cancellation.

10.        Legal Proceedings and Costs

  • Acufill shall, at its option and notwithstanding that the amount of its claim exceeds the jurisdiction of the Magistrates’ Court, be entitled to institute action in such Court.
  • A certificate issued and signed by any director or manager of Acufill, whose authority need not be proved, in respect of any indebtedness of the Purchaser or in respect of any other fact, including but not limited to, the fact that goods were sold and delivered or that services were rendered, shall be conclusive proof of the Purchaser’s indebtedness to Acufill and conclusive proof of delivery of the goods or the rendering of services.
  • In the event of the Purchaser breaching any of its obligations or failing to make payment of any amount due to Acufill, the Purchaser agrees to pay, and shall be liable to pay, all costs incurred by Acufill in enforcing its Legal costs shall be recovered on an attorney/own client scale including collection commission and tracing agent’s fees. Any payments received shall be allocated firstly towards disbursements, secondly towards fees to which the attorney is legally entitled, thirdly towards interest due and finally towards the capital amount due.

11.        General

  • Acufill reserves the right in its sole discretion to vary or amend these terms and conditions from time to time and any such varied or amended terms and conditions shall be binding on the Purchaser from the time that the Purchaser is notified thereof.
  • No variation or amendment of these terms and conditions shall be of any force and effect unless reduced to writing and signed by a duly authorised representative of No relaxation or indulgence which Acufill may grant the Purchaser shall prejudice or be deemed to be a waiver of any of Acufill’ rights in terms of these terms and conditions.
  • Acufill shall at any time in its sole discretion be entitled to cede all or any of its rights to any third party without prior notice to the Purchaser. The Purchaser shall not be entitled to cede any of its rights nor assign any of its obligations.
  • Each of the terms and conditions herein shall be a separate and If any term or condition becomes unenforceable for any reason whatsoever, then that term or condition shall be severable and shall not affect the validity of the other terms and conditions.
  • The Purchaser undertakes to notify Acufill within 7 (seven) days of any change of address or change in shareholder, member or director or of any other information which may be relevant or material.
  • These terms and conditions shall be governed by the laws of the Republic of South Africa.