illumico Standard Terms and Conditions
OWNERSHIP AND RISK
The risk in and to any goods purchase from illumico shall pass to and vest in the customer from the time the goods are singed for and/or, immediately upon delivery to the customer or to the address nominated by the customer for delivery. In the case of delivery by any other party including delivery by freight, liability for the goods passes to the customer at the time the goods leave illumico. The customer further acknowledges that unless it notifies illumico within 10 days of delivery in writing of any defect, it acknowledges that the goods were delivered in good condition.
Ownership in all goods purchased by the customer shall remain vested in illumico until all amounts due and owing have been paid in full and illumico may retake possession of any goods in which ownership has not passed or which payment is overdue.
Delivery shall be affected at the customer’s nominated address, which address is recorded on illumico’s accounting system. The customer acknowledges that he/she may inspect the goods that are to be delivered to him/her in terms of this agreement. The customer further acknowledge, that should he/she fail to inspect the goods, signature of the delivery note accompanying the goods constitutes an acknowledgement by the customer that the goods have been delivered, inspected, and received by the customer in good condition.
The delivery dates agreed to are given in good faith and all reasonable effort wiil be made to comply with them, in the event that delivery cannot take place at the agreed time, the customer and illumico shall agree to a reasonable extended time period.
In the event that delivery does not take place at the agreed time and location the customer shall have the option to accept the goods at an alternative location to be agreed upon or to terminate the agreement. The customer acknowledge that should delivery not take place as agreed due to any for his actions, then illumico shall have the right to enforce the terms of this agreement.
EXCLUSION OF LOSS, LIABILITY AND WARRANTIES
illumico shall not be liable for any loss or damage by reason of the non-delivery of goods or for any delay in executing delivery caused by force majeure, acts of God, war, riots, civil commotion, strikes, lock outs, restrictions by Government and without in any way being limited by the a foregoing generally by any other cause beyond the control of the company.
illumico shall not be liable to the customer or ant third party for any damages suffered by the customer or any third party whether general, special, incidental or consequential damages of any nature whatsoever arsing out of the use of any of the goods purchased or any defects thereto where the said defect causing damage did not exist in the goods at the time it was supplied by illumico to the customer.
The customer warrants and represents that it hereby indemnifies illumico against all liability and claims whatsoever by any person whatsoever for:
Any loss or damage arising from loss of market or attributable to delay in forwarding or in transit or failure to carry out fully or in part thereof any instructions given to it for any other consequential loss howsoever arising.
All legal costs arising out of any dispute in terms of this agreement will be determined and claimed on the scale as between attorney and own client.
The customer agrees that any equipment sold to them carries a warranty against defective components and manufacturing for a period of twelve months after delivery and that such warranty is valid only if the customer has properly operated, maintained and serviced the equipment. The customer agrees that illumico liability shall be strictly limited to the replacement or repair of any equipment at illumico’s discretion for any goods or equipment retuned after six months from the date of delivery.
All manufacturers standard warranty terms and conditions will apply, notwithstanding the fact that any goods or components purchased may purport to include limited warranties as given by the manufacturer of such goods components.
PAYMENT AND PRICING
The customer shall not be entitled under any circumstances to withhold payment for any goods purchased.
Payment terms are strictly C.O.D. (cash on delivery) / upfront payment for all goods purchased on a cash sale basis. Payment terms for goods purchased on credit/account in accordance with the terms and conditions of illumico’s credit application are strictly 7/14 or 30 days reckoned from date of statement, as determined by illumico.
The customer agrees to pay interest on all overdue accounts at the rate of 2% (two present) per month on all overdue amounts. Any discount offered or allowed by illumico to the customer is always subject to payment within 30days of statement or as otherwise determined by illumico, failing which any discount received falls away.
All prices are subject to change by illumico should there be any legitimate error made by any employee, agent, servant of illumico in relation to any price quoted to the customer, the customer shall be notified of any price changes.
illumico accepts payment by way of cash and electronic funds transfers/deposits into illumico’s nominated bank account. No goods will be released by illumico unless full payment in respect thereof has been cleared.
DEFAULT AND BREACH
If the customer fails to perform any of its obligations when due, illumico may decline to accept further orders or make further deliveries to the customer or may revoke and/or withdraw and/or suspend and/or cancel and/or close the customer’s credit facility/account at any time and any future purchases shall be on terms and conditions as determined by illumico in its rights and sole discretion.
Should the customer default in making payment of any overdue amounts owing, illumico shall be entitled, but not compelled, to forthwith demand that the whole amount outstanding on the account be paid, notwithstanding that a portion of the amount would not be owing in accordance with the agreed terms of payment.
In the event of illumico having to institute any legal proceedings against the customer for breach, repudiation, specific performance or for any other reason whatsoever in terms hereof, the customer undertakes and agrees to pay the company’s legal costs on scale as between attorney and own client, including collection commission, tracing charges and any other charges incurred by illumico in enforcing its rights in terms hereof.
Any dispute arising in terms of this agreement may be referred to arbitration in accordance with the rules of the Arbitration Foundation of South Africa or to the Consumer Commission which may have jurisdiction in terms of this agreement, or directly to a court having the requisite jurisdiction.
The customer chooses domicilium citaandi et executandi (chosen address for service of all correspondence, notices and legal process) at the address set out by the customer. The customer agrees to notify illumico in writing with seven (7) days of any change of address.
It is agreed that these standard terms and conditions of sale shall be governed by the laws of the Republic of South Africa.
No addition to, variation or cancellation of these standard terms and conditions of sale shall be of any force or effect unless contained in writing and signed by or on behalf of both parties. In particular, the customer agrees that any term of condition which may on any order, written or verbal and which is at variance with the terms of this agreement, shall be of no force or effect unless incorporated in a document signed by a director of illumico and the customer and which has been prepared specifically for the purpose of varying the terms of these conditions.