otherwise agreed in writing by UNIQUE these conditions shall override
any terms or condition stipulated, incorporated or referred to by
the buyer in the order or negotiations.
accepts no liability for any direct or indirect loss arising from
non-delivery or delay in delivering any goods, caused by war, strike,
lock-out, fire, flood, explosion, government restrictions, failure
to obtain or shortage of raw materials or any other cause arising
whatsoever, which is beyond the companies control.
contract entered into by UNIQUE is subject to cancellation or to variation
by reason of Force Majeure from any and every cause whatsoever beyond
the Company's control including but not limited to war, strikes, lockouts,
fire, floods, explosions, government restrictions, failure to obtain
or shortages of raw materials or any other cause whatsoever beyond
UNIQUE shall be under no liability for any loss or damage resulting
from the use or conversion of the goods and the buyer indemnifies
UNIQUE in respect of any claim by a third party for loss or damage
resulting as aforesaid.
UNIQUE or anyone else who has been involved in the creation, production,
or delivery of products which are the subject of this agreement shall
be liable for any direct, indirect, consequential or incidental damages,
costs or losses (including, without limitation, damages for loss of
profits or revenue, business interruption, loss of information, and
the like) arising out of the products or any part thereof being defective
in any way or not being suitable for any particular purpose or use
whether or not such damages, costs or losses are attributable to any
negligence on the part of UNIQUE.
orders placed by the customer with UNIQUE are subject in all respects
to approval and acceptance by UNIQUE, in its sole and absolute discretion,
and UNIQUE shall not be bound to accept any order placed by the customer
or be liable to the customer for any claim of any nature which arises
by virtue of its failure to accept and order.
a date of delivery is specified, UNIQUE will make every effort to
despatch the goods ordered within the stated period. The Company however
reserves the right to amend the delivery promise, in the event of
circumstances beyond its control.
the risk in and to the goods purchased shall pass to the buyer upon
delivery, which shall be construed to have been effected in the case
by the Company, in its own vehicles, upon the goods being offloaded
at the buyers premises or such other premises designated by him.
by rail, road, sea or air, upon delivery to the carrier concerned,
even should the cost of such carriage be paid or pre-paid by the Company,
the buyer agrees that in all cases the carrier concerned shall be
deemed to be the buyers agent.
wishing to collect products from UNIQUE should allow a 2(two) hour
processing period before arriving to collect the products. Products
invoiced to customers for collection will be held for a maximum of
3(three) working days. Thereafter the products will automatically
be returned for credit and resold.
the event of goods damaged in transit, or short delivered no claim
for such damage or short delivery can be entertained by the Company
unless the carrier concerned and the Company receive written notification
of such damage or short delivery within three days of delivery and
in which event the Company's liability shall be limited to the cost
of replacement or report of any part of the goods damaged in transit
or shorted delivered, or the value of the goods supplied, which ever
is the lesser and the Company shall not be liable for any consequential
damage arising from such damage in transit or short delivery whatever.
prices are net unless otherwise stated and are as per accepted quote.
orders are accepted at the pricing ruling as at the date of despatch
of goods ordered unless otherwise specifically agreed.
terms of payment will be EFT unless otherwise arranged with the Company's
accounts department. Ownership of the goods remain the property of
UNIQUE until payment in full has been made in respect of these goods.
cannot be held responsible for goods ordered telephonically and are
otherwise not confirmed by an official order.
the event of the buyer being overdue in respect of any payment, the
Company may suspend any deliveries without notice to the buyer and
without prejudice to any other legal remedy it may have, until due
payment has been made by the buyer.
shall levy interest calculated as per the terms of the National Credit
Act, as amended on all amounts outstanding for payment.
the event of the Company initiating legal proceedings of whatever
nature for recovery of any amounts outstanding, any costs thus incurred
including all attorney and own client costs, collection commissions
and costs of any nature whatsoever, shall be paid by the buyer.
the event of default by the buyer or the occurrence of any arrear
status on the account, the Company will be entitled to hand over the
account to a collection agent and the buyer hereby irrevocably consents
to be become liable for the collection fess as charged by the collection
agency at a rate of 18.5% to be levied against any amount(s) that
may be handed over by the Company to the collection agency for recovery
from the buyer.
remains the sole discretion of the Company whether they nominate a
collection agency prior to appointing an attorney to commence legal
action against the buyer. The buyer will be liable for all costs related
to both collection fees levied by the collection agent and/or legal
fees as levied by an attorney.
the event of any action being instituted in pursuance of any outstanding
amount, the buyer hereby irrevocably consents to the jurisdiction
of the magistrates court, notwithstanding which the Company may elect
in any Supreme Court of competent jurisdiction.
specifically manufactured to the requirements of the buyer, returned
through no fault of the Company, will only be accepted for credit
at the Company's sole and absolute discretion. When such goods are
accepted for credit a minimum handling charge of 15% as well as courier
costs will be made and deducted from the resultant credit note passed
by the Company, in the buyer's favour.
purchased from Unique may be returned or exchanged within 30 days
from purchase, provided that the original invoice is presented on
return as proof of purchase. The item returned must be in its original
condition with the packaging. Unique will process a credit on your
customer account, if originally purchased on account. The Credit Note
will reference the Original Invoice Number. In the case of a credit
card purchase the credit card holder and relevant card must be presented
for a credit card refund. In the case of a cash purchase an EFT into
the customer's account will be made. Should you want to exchange the
goods we will credit your account against the invoice of the returned
goods and issue a new invoice for the goods exchanged.
the original invoice is not available, NO returns or exchanges will
with manufacturing faults will gladly be credited or exchanged provided
merchandise is returned within six (2) months of having taken delivery.
of purchase is available.
merchandise has been used for its intended purpose.
are not created through negligent use.
minimum handling fee of 15%(fifteen percent) as well as courier costs
will be levied by Unique at its discretion, on all goods accepted
for return and the customer shall be responsible for any return transportation
costs relating to the returned products.
off's against money's owning shall not be permissible under this agreement,
either from UNIQUE or from the Buyer, unless otherwise agreed in writing.