Terms and conditions
Terms and conditions:
1.1 “the Company” means Avocet Scales and Lables (Pty) LTD, Printers For Africa (Pty) Ltd, and/or any subsidiary of the
Companies, P.O. Box 9650, Edenglen, 1613.
1.2 “the Customer” means the applicant applying for the credit facility referred to as “we” and “us” in the terms and
1.3 “Connected Person” means as per the interpretation as per the South African Revenue Services Intepretation note 67
as amended in terms of the Income Tax Act 58 of of 1962.
2 Notwithstanding the granting of the facilities to us, the Company shall be entitled at any time, and in its sole discretion
to withhold such facilities and require repayment for any account.
3 We undertake to pay any account within a period of thirty (30) days reckoned from date of statement on which credit
was granted, if any.
4 We agree to pay interest on all overdue accounts at the rate allowed in terms of the National Credit Act from date of
statement. We also agree that a certificate issued by a director of your company, setting out the applicable rate and
amount of interest, and also verifying any amounts owing by us, shall be good and sufficient proof of the content
thereof for all purposes, including any application for judgement or summary judgement in any competent court or in
respect of any collection charges by our appointed representative.
5 We undertake to pay all legal costs incurred in connection with the recovery of any account due by us, including all
collection charges, tracing fees and costs as between attorney and client which may be payable in respect of the
collection of such account.
6 We agree that the physical trading address given shall be the domicilium citandi et executtandi for all purposes under
this agreement, whether in respect of court process, notices or other documents or communications of whatever
nature. We agree that in the event of a dispute arising from this agreement:
7 We agree that in the event of a dispute arising from this agreement:
7.1 You will have the option to have the dispute arbitrated by an arbitrator appointed either by agreement or by the
President of the Association of Arbitration in accordance with the provisions of the Arbitration Act No. 42 of 1965.
7.2 That in any court action arising from this agreement, We agree and consent (in terms of Section 45 of the Magistrates
Court Act 32 of 1944 as amended) that you may at your discretion, institute such action in the jurisdiction of the
relevant Magistrates Court, notwithstanding that the amount of the claim may exceed such jurisdiction. We further
agree that this constitutes consent in writing to the jurisdiction of the Magistrates Court as contemplated by the
Magistrates Court Act No. 32 of 1944 as amended
8 We undertake to notify you within seven (7) days of any change of address.
9 No addition to, variation or cancellation of this agreement shall be of any force or effect unless contained in writing and
signed by or on behalf of both parties. In particular, We agree that any term or condition which may be contained 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 both yourselves and ourselves and which has been prepared specifically
for the purpose of varying the terms of these conditions.
10 We hereby agree that we shall not be entitled to withhold payment of your account for any reason whatsoever.
11 We agree that ownership of the goods will not pass to ourselves until we have paid in full for them.
12 Any discount offered or allowed by you to us is always subject to payment within thirty (30) days of statement, failing
which any discount agreed falls away.
13 In the event of any default by the Customer of any provision of this agreement, the Customer hereby consents and
authorizes the Cpmpany to furnish the name, credit record and repayment history of the Customer to any credit bureau
as a delinquent debtor.
14 All prices are subject to change without prior notice. All written quotes, subject to the conditions of the quotes, are
valid for 14 days and will be honoured and will not be affected by the price changes for the 14 days.
15 The Customer agrees that the Company nor any of its employees will be liable for any negligent or innocent
misrepresentations made to the Customer nor shall the Customer be entitled to withdraw from any contract on those
grounds. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for
the purpose of intended use.
16 All orders and variations are subject to these terms and conditions. Only written orders and variations will be accepted
by the Company. This notwithstanding, the Company may, at its sole discretion, elect to accept and act upon
telephonic orders and any variations to orders the Company however reserves the right to refuse delivery of any order
until placed in possession of a written order form.
17 All prices are subjecvt to change without prior notice.
18 The Customer hereby confirms that the goods and services on the Tax invoice issued duly represent the goods and
services ordered by the Customer at the prices agreed to by the Customer and where performance / delivery has
already taken place that the services and goods were inspected and that the Customer is satisfied that these conform
in all respects to the quality and quantity ordered and are free from any defects
19 The delivery dates agreed to are given in good faith and all reasonable effort will be made to comply with them, but
they shall be treated as approximate only and shall not be made the essence of the contract.
20 The Purchaser shall inspect the goods as soon after delivery as is reasonably practicable and shall notify the Company
in writing of any shortage, deficiency or damage to the goods within 24 hours of receipt The Purchaser shall also notify
the Company in writing within 14 days of the invoice date of a total non-delivery of goods.
21 Before using the goods or as soon as possible after using the goods and at interim periods after using the goods, the
Purchaser shall test the goods to establish that it complies with the Purchaser’s expected quality standards and the
warranty conditions of the manufacturer. More specifically, but not limited to, the Purchaser will not print large
quantities (bulk printing) without testing the quality in smaller quantities before printing in bulk and repeat the testing at
22 The Company shall make good by repair or (at its option) exchange such of the goods or part thereof which is shown
to its reasonable satisfaction to have proved defective in materials or workmanship during the Warranty period on
terms as stated in the Company’s Warranty Policy, provided that the Company received from the Purchaser written
notice of such defect and , unless otherwise stated in the Company’s Warranty Policy, receives (carriage paid) the
defective Product before the expiry of the relevant Warranty Period.
23 The above warranty is given by the Company subject to the following conditions:-
23.1 the Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or
specification supplied by the Purchaser;
23.2 the Company shall be under no liability in respect of any defect arising from fair wear and tear, willful damage,
negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing),
misuse or alteration or repair of the goods without the Company’s approval;
23.3 the Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the
total price for the goods has not been paid by the due date for payment;
23.4 the above warranty does not extend to parts, materials or equipment not supplied by the Company.
24 The Purchaser must rely on its own skill and judgement in relation to the choice of goods and its fitness for his
application. Any advice given or Datasheets or other information, but not limited to, supplied by the Company or its
employees or anybody acting on behalf of the Company or its employees must not be construed as the “Choice of
goods and its fitness for his application” exercised by the Company, employees or agent of the Company. It remains
the final decision and responsibility of the Purchaser. IMPORTANT NOTE: If the Suppliers offers integration services
for encoders, please note that these integration and the sale of an integrated encoder bundled with equipment, it does
not imply that the Supplier and/or the Company and/or it’s Agent and employees will support the purchaser with its
software developments and the validation of related applocation. The Suppliers and/or the Company and/or it’s Agent
and employees therefore strongly recommends the purchaser to ascertain its capacity to demonstrate, sell and support
any fitted an encoder. The Suppliers and/or the Company and/or it’s Agent and employees also recommends the
purchaser to take all appropriate actions to validate that the software programs delivered are consistent and
compatible to end-user’s needs. Information on this issue can be found on the relevant encoder manufacturer’s
website. The Suppliers and/or the Company and/or it’s Agent and employees offers no support and will not be liable
with regards to the quality of these software programs. The Suppliers’ warranty is limited to hardware only, as stated in
the the Suppliers Limited Warranty which is supplied with the equipment.
25 The Company shall be under no obligation to accept return of any goods which were correctly supplied by the
Company; but if the Company shall in any particular case agree to accept return of the goods which is not defective or
subject to any claim, then it shall only do so on terms that:
26.1 the Purchaser shall pay a handling charge equal to ten percent of the full invoice price of the goods so returned, or
such other amount as may be agreed by the Company; the goods must be delivered to the Company’s premises in its
original packaging, and both goods and packaging must be “as new”.
26.2 The Company will not accept responsibility, nor accept the return of the following items:
26.2.1 Software whether licensed or not, unless pre-authorized by the company in writing prior to ordering the software;
26.2.1 Special Order items;
26.2.1 Custom printed or custom programmed products, including but limited to, lanyards, badge reels, cards, encoders, card
holders, ribbons, hologram ribbons and cleaning kits;
26.2.1 Opened media in including but not limited to, lanyards, badge reels, cards, encoders, card holders, ribbons, hologram
ribbons and cleaning kits.
27 If, in the Company’s opinion, the Purchaser’s packaging is not suitable for returning items to site it shall be replaced at
28 Estimates/Quotes on repairs and service of equipment: This service is not free of charge. The Company reserves the
right to charge a fee of R150 where estimates/quotes on repairs and service of equipment are rejected by the
Purchaser. This will be credited on the final invoice if the estimate/quote on repairs. And service of equipment is
accepted or if a new equipment is purchased. Where the estimate/quote on repairs and service of equipment is not
accepted the collection of the non-repaired equipment is the Purchaser’s responsibility and a charge will be levied to
assemble the equipment. The fee for estimates/quotes on repairs and service of equipment and assemble charges on
repairs will escalade from time-to-time.
29 If the goods after repair or estimation have not been collected within three months from the date of the notification in
writing to the Purchaser, the goods shall become the property of the Company, and be disposed of to the discretion of
30 We undertake not to engage in selling practices which are unfair, deceptive, misleading, or which misrepresents any
aspect of the Company and the Manufacturer’s product or service, or which unfairly misleads or induces an unwilling
customer to make a purchase, or which are otherwise irresponsible or not sanctioned by the Company and the
31 We undertake to train and motivate a competent team of sales personnel to sell the Companies’products, and to
implement good customer service in accordance with the sales policies of the Company.
32 We shall hold the Company free from and harmless against any and all claims, losses or damages incurred by its
agents or sales personnel; and shall be held liable and remain responsible for all their acts and omissions as fully as if
they performed the act or omission themselves.
33 We agree to purchase a determined minimum quantity of products/turnover as determined from time to time by the
34 There exists no employer-employee relationship between the Company and us. Hence our agents and employees
shall under no circumstances be considered as employees, agents, and representatives, of the Company, neither shall
we make any representation, guarantee or warranty with respect to the Company’s product or service.
35 The facility is non-assignable, non-transferable and can be terminated by the Company at its own discretion at any
time without notification.
36 The company reserves the right to change the terms and conditions from time to time without notice, and will post a
copy of the terms and conditions on its website.
37 All pictures shown on the Suppliers’ and/or the Company’s and/or its Agents’ website are for illustration purpose only
and may not be an exact representation of the product. The Supplier and/or the Company and/or its Agent reserve the
right to change product images and specifications at any time without notice.
38 POPIA (Protection of Personal Information Act, Act 4 of 2013 as amended)
38.1 On the 1st of July 2021, the Protection of Personal Information Act came into effect.
38.2 The company understand that your personal information is important to you and that you may be apprehensive about
disclosing it. Your privacy is just as important to the Company, and the Company is committed to safeguarding and
processing your information in a lawful manner.
38.3 The Company also wants to make sure that you understand how and for what purpose the Company processes your
information. If for any reason you think that your information is not processed in a correct manner, or that your
information is being used for a purpose other than that for what it was originally intended, you can contact the
Company’s Information Officer.
38.4 ou can request access or changes to the information the Company holds about you at any time.
38.5 Information Officer’s Contact Details: Name: Anton Myburgh ; Contact Number:+27(0)11 3918856; Email
38.6 The purpose for processing your Information is to collect, hold, use and disclose your personal information to provide
you with access to credit, services and products that we provide. The Company will only process your information if
legally required or for a legitimate business purpose.
38.7 Please visit the Company’s website to read about the Company’s Agreement and Consent declaration. Website link:
http://avocetscales.co.za/popia/ and http://printersforafrica.co.za/popia/