AFRI GEAR (PTY) LTD
STANDARD TERMS AND CONDITIONS OF SALE
AFRI GEAR (PTY) LTD will have fulfilled its obligations to you by supplying the items exactly, at their current listed pricing, as per what the quotation consists of and / or the purchase order consists of. It is therefore your responsibility to check that the model, sizing, colours and other parameters are correct before placing the order or paying against a quotation. AFRI GEAR (PTY) LTD reserves its right to reject any specific transaction for any reason whatsoever, and refund you, if applicable.
A Sales Person Is NOT AUTHORISED to commit to lead times. Lead times and other queries are to be directed to the stock dispatch controller (email@example.com) or 033 266 6067. Quoted lead times are for guideline purposes only, and are subject to actual stock availability. It is fairly common for AFRI GEAR (PTY) LTD to confirm stock availability only to be informed at time of order that such stock is no longer available or is delayed.
Processing of Orders
All approved quotations must be signed and accepted. Your official purchasing order must be returned with the signed quotation. Proof of payment in full against the quotation must be submitted to our offices for processing. Orders will only be released once payment is cleared in our bank account PRIOR to delivery or collection or courier of your order. You will be contacted once your order / backorder is ready for collection or delivery. You may also receive intermediate correspondence if the dispatch controller requires any further information. We reserve the right not to accept certain forms of payment ie cheque deposits; but to refer you to an alternative payment method, at our sole discretion. You undertake that all details that you provide to us for the purpose of purchasing the product from us will be correct, that the credit or debit card and/or bank account and/or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details from the relevant financial institution prior to providing you with the product. We are not obliged to supply the product to you until we have accepted your order. We may refuse to accept an order from you for any reason, including unavailability of product or we may offer you an alternative product (in which case we may require you to re-submit your order first). Acceptance of your order by us will be confirmed by way of an email to you containing a “Confirmation of Order”. Your order may be cancelled or modified by you by notifying us by email at firstname.lastname@example.org at any time prior to receiving the “Confirmation of Order” email. We reserve the right to ‘partially fulfil’ any order by confirming our acceptance of your order in respect of only certain products ordered by you. In such instances, the remainder of your order will still be considered an ‘offer to purchase’ until we confirm our acceptance of the order for such remaining product. Although we make every effort to ensure that the prices published upon the site are accurate and up to date, we reserve the right to change the price of any product prior to our acceptance of your order. In the event that there is any change in the price of any product ordered by you, we will contact you to confirm that you wish to proceed at the amended price. We reserve the right, in the case of suspected fraud (in our sole discretion), to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and us, in whole or in part. If, after we have accepted your order, a product is not available for any reason. We will notify you and return any payment that you have made, and we accept no liability which may arise as a result of such refusal to process any order/sale. In the event of any refunds of any order, we will always attempt to refund any money received from you using the same method originally used by you to pay for the product. If this is not possible for whatever reason, we will contact you to arrange an alternative method of refund. It is your sole responsibility to ensure that any products ordered from us are sufficient and suitable for your purposes. We do not warrant that our products will meet your individual requirements, nor do we warrant that they will be fit for your individual purposes. Our products are designed as standard for the purposes described and are not tailor-made to individual requirements.
Collection / Delivery / Courier
Please ensure with the sales person as to whether the quotation or purchase order is to be based on collection, delivery or courier. The standard mode will default to collection, unless otherwise notified. If courier is quoted, it will automatically be based on the cheapest economy rates. These rates will have standard lead times which are out of our jurisdiction to control. If delivery is quoted, please check with dispatch department to confirm delivery lead times, which allow for existing delivery schedules, availability of delivery vehicles and your location. We aim to deliver the product to you at the place of delivery requested by you in your order, within the time indicated by us in the Confirmation of Order, which is usually within 14 (fourteen) working days of the date of receiving your cleared payment, however we cannot be held to a specific date or time and we shall not be held be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. We will endeavour to advise you of any delays relating to your order. You agree to inspect the product for any obvious faults, defects or damage before you sign for delivery. You also agree to keep the receipt for the delivered product as a reference for any future dealings with us in respect thereof. All risk in the product shall pass to you upon despatch for delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the product. Please note that we may be unable to facilitate delivery to certain addresses. In the rare event that this is the case, we will advise you and arrange for cancellation of the order or delivery to an alternative delivery address. If you are not available to take delivery, we may leave a note giving you instructions on either re-delivery or collection from the courier company concerned. We have a standard method of packing our goods for delivery with due care. Any additional special packaging requested by you may be subject to additional charges, in our sole discretion. You must make us aware of such requests at the time of placing your order. You must take care when opening your packages so as not to damage the products contained therein and we will not be liable for any damages to the products as a result of careless handling of the packages by you. If delivery or collection is delayed through your refusal to accept delivery or if you do not (within 2 (two) weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the courier company, then we may (without affecting any other right or remedy available to us) do either or both of the following: a) charge you for reasonable storage fees and other costs reasonably incurred by us as a result of the delay in delivery caused by you; or b) cancel the order, in which case we will refund you with any money paid to us less our reasonable administration and handling charges, including for attempted delivery and return of the product to us, and any storage fees as provided for above.
Prices are subject to change without notice. Prices exclude Value Added Tax (VAT), garment improvements and delivery/courier fees. Written quotations are valid for 7 days from date of quotation.
We are a supplier, not a manufacturer, and have no control over our supply by manufacturers. Colours may vary or differ from those shown on website or quoted. A good example is the industry term “Lime” with reflective clothing, which usually manifests as bright yellow. A grey for example may be darker or lighter. Items may vary or differ, from time to time, to pictures as posted on our internet website or quotations. Each batch may differ slightly from the next in terms of sizing, colour, texture and other parameters due to the multiple sources of procurement unbranded / generic items, especially “Economy Spec” items, are adequate for the purpose intended, are economically priced, mass-produced and offered as standard throughout the work wear / PPE industry. You get what you pay for. Emphasis is on Fair Quality, Quantity and Price. These items are usually manufactured outside of SA.
BE CAUTIOUS WHEN ORDERING! Our work wear sizing is quoted PER WAIST SIZE. A waist size is always 4 sizes smaller than the chest size. For example if you ordered a size 38 conti suit, the jacket will be a size 42. Conversely, if you ordered a conti suit and specified that you require a size 34 pants size, you will receive a size 38 ccnti suit. Personnel usually prefer loose-fitting conti suits – rather order LARGER. Sizing may vary from manufacturers.
Garment Improvement Guidelines
We define garment improvement as the alteration of a garment to include embroidery, silk screening, added reflective tape etc. The lead time for garments to be improved relies on two processes. The first process needs your ‘sign off’ approval. The dispatch department will liaise with you to achieve a signed off ‘mockup’ in the case of embroidery or silkscreening. You are encouraged to sign off an improvement project as fast as possible. Once signed off, the garments take between 5 to 10 working days to be improved. The garments need another working day to be collected and checked. All the above will impact on the lead-time of an order. As mentioned below in the returns policy, any improved garment is automatically excluded from being returned or swopped out.
We are a supplier, not a manufacturer. No warranties are offered on any goods other than our return / swop policy as per below. Any items brought to our attention with quality issues will be sent to our suppliers for appraisal and will only be swopped should our manufacturer issue AFRI GEAR (PTY) LTD with a replacement item. If this does not happen, you will receive back your faulty item.
Returns / Swop Policy
No returns / swops will be accepted under any circumstances once artwork approved, official order received and product supplied accordingly. No returns/ swops for items ‘improved’ ie. Embroidered, Silk Screened or added Reflective tape. For all other items, goods will be returned / swopped within 14 days of receipt with a mandatory 7.5% handling fee and on condition that:
- Customer can produce the original invoice.
- Items are in original packaging, unused, and in re-sellable condition.
- Management accepts the return / swop. Management reserves its rights to reject a return / swop in special circumstances at its discretion.
- Refunds, if applicable, may take up to 30 days from receipt of returned / swopped goods.
These Terms and Conditions and any subsequent revised versions hereof shall commence from the date on which they are respectively publised on the site and continue indefinitely, as amended by us from time to time, for so long as the site exists and is operational, we being entitled to terminate these Terms and Conditions and/or close the site at any time (subject to still processing any orders then already placed and accepted by us). No failure or delay by us or you in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract. If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term. You shall not be entitled to assign, transfer, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions without our prior written consent. Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us. No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term. A full record of every sale and related transaction between you and us shall be maintained on the site for a period of 12 (twelve) months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction. Any and all copyright subsisting in the website, including theses Terms and Conditions, vests in us and all rights not expressly granted are reserved. When you visit the site or send e-mails to us, you consent to receiving communications from us electronically and agree that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including but not limited to the requirement that such communications should be in “writing”. These terms are subject to the provisions of the Electronic Communications and transactions Act no. 25 of 2002 (the ECT Act”) and any of the terms that are in conflict with any of the compulsory provisions of the ECT Act will be deemed to have been modified so as to comply with such
provisions of the ECT Act.
We warrant only that: the products will be delivered new and undamaged in the quantities ordered; and the products will conform with the specifications stipulated on the site or in our product material at the time of your order; the products are intended to be used strictly in accordance with the manufacturer’s specifications as stipulated on the site or as on the products. It is your sole responsibility to ensure that you use the product strictly in accordance with those instructions. Products may vary slightly in terms of specified colours, designs, dimensions, materials, measurements and other features to the extent that such variances are reasonable.
In terms of ‘cooling off’ laws, you are entitled to cancel any sale concluded with us within 7 (seven) days of receipt of the products and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 (thirty) days from the order date). No cancellation fees shall apply in such instances, provided that: the products are returned in the condition that they were delivered; to the extent that only certain products are returned to us, we shall be entitled to recalculate the delivery charges for those products kept by you and retain such fees. In the event that you claim that any product is defective, you agree to keep the product in its current condition available for us to inspect within a reasonable time. In order to provide you with any remedies for a defective product, you agree to cooperate in providing information as required by us regarding the product, including detailing how the product is defective and any other information as we reasonably may require. Your remedies in the event of a product being defective are one of the following: refund; or repair; or replacement . In the event that we find that a product, alleged to be defective, has been abused, or misused, or neglected, or subjected to inadequate or improper handling, or modified in any way, or the subject of normal ‘wear and tear’, we may in our sole discretion elect not to refund, repair or replace the product and in addition we may require you to pay all reasonable delivery and servicing costs and charge this to your credit or debit card, or the payment details that you provided to us when you placed your order.
Limitation of Liability
Notwithstanding anything to the contrary contained in these Terms and Conditions, this clause prevails over all other clauses and sets forth our entire liability, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these Terms and Conditions; or otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions. In no event shall our total liability to you for all costs, damages and/or losses, whether direct, indirect or consequential exceed an amount equivalent to the total value of the order for our products giving riseto the cause of action in respect of such costs, damages or losses.
We shall perform our obligations under these Terms and Conditions with reasonable skills and care. Should you have any complaints arising out of your use of the site, you may contact us at any time using the contact details given in clause 1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you within a reasonable time of having received any relevant enquiry or complaint. In many cases of product related complaints, the manufacturer may have to be involved by us and accordingly, it may take longer to resolve such an enquiry or complaint. In the event of any complaint, it will assist us if you describe the object of your complaint as accurately as possible and, where applicable, send us copies of the order or at the order number that we assign you in the Confirmation of Order. Should you not have received any reaction from us within 5 (five) business days, please make further enquiries. In rare cases your emails may be captured by our spam filters or not reach us, or correspondence that we send to you may otherwise not reach you.
Circumstances beyond our control (force majeure)
We shall not be liable to you for any breach, hindrance or delay in our performance, attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, national emergencies, terrorism, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen. Either you or we may terminate an order by written notice to the other in the event that the Event of Force Majeure lasts for a period of 2 (two) business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered). If we have contracted to provide identical or similar products to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide, in our sole discretion, which orders we will fulfil and to what extent.
Save for us being liable to you under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by us to you via the site; and under sections 43(5) and 43(6) of the ECT Act in relation to our payment systems not being sufficiently secure. Neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this site or the services or content provided from and through this site. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com. Although the products sold via the site may be under warranty, the site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of us and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site. These Terms and Conditions govern all of our dealings with you, including but not limited to the supply and/or delivery of any product ordered by you on the site. You agree to be legally and unconditionally bound by these Terms and Conditions. No variation or modification of these Terms and Conditions shall be valid or binding, unless expressly agreed to in writing by our authorised signatory.
At any time after having first accepted these Terms and Conditions, when you subsequently place an order on the site, you agree that you do so subject to the version of the Terms and Conditions current as at the date you submit your order. You are responsible for reviewing the latest Terms and Conditions each time that you submit an order.