TERMS & CONDITIONS – DISTRIBUTION COMPANY

Quotation & Sale

  1. Any quotation given by Noise Republic shall not be construed under any circumstances whatsoever to be an offer by Noise Republic to supply the goods and/or services to the Client, but instead constitutes an invitation by Noise Republic to the Client to do business with Noise Republic.
  2. All quoted prices are subject to the availability of goods and resources, and are subjected to correction of the good faith errors by Noise Republic. Acceptance thereof is to be confirmed in writing by the client.
  3. Upon initial delivery and/or installation, Noise Republic shall provide the Client with written confirmation that the goods have been delivered and/or installed, which notice shall mark the commencement date.

Orders and purchase order number:

  1. All orders need to be placed in writing by the Client. Noise Republic will not be held responsible for incorrect telephonic or verbal orders placed by the Client. The Client will be liable for any charges incurred by Noise Republic in resolving the incorrect orders that are processed on telephonic or verbally communicated instructions from the Client.

CONTRACT PRICE AND TERMS OF PAYMENT:

  1. All amounts owing from the Client shall become due payable thirty (30) days from invoice date.
  2. The Client agrees that all amounts due and owing by the Client to Noise Republic, as evidenced by any Tax Invoice issued by Noise Republic to the Client in terms of this agreement and any other agreement between Noise Republic and the Client, shall be payable by the Client to Noise Republic;
    1. In cash on order or by way of Electronic Funds Transfer (EFT)
    2. Unconditionally and without deduction or set off – at no time during the currency of this agreement shall the Client be entitled to withhold, defer or set-off any payments due to Noise Republic under any circumstances whatsoever;
  3. The Client herby acknowledges that should any amount not be paid on the due date, the full amount owing by the Client to Noise Republic shall immediately become due and payable without notice of whatever nature, notwithstanding that any amount may, as at that date, not yet due. The Client shall pay 0.5% above the prime rate charged by Standard Bank of South Africa (Pty) Ltd on all overdue amounts from the due date of the payment till the actual payment.
  4. Non-payment in full of the amount due, inclusive of VAT, strictly in terms to this agreement will entitle Noise Republic, at its election to cancel this agreement and any other agreement between Noise Republic and the Client, without notice. It’s been agreed that payment in full is a material term of this agreement and Noise Republic shall under those circumstances be entitled forthwith to recover all items in their original condition as supplied in terms of this and/or any other agreements between the Client and Noise Republic in addition to any other rights which Noise Republic might have at law inclusive of the right to claim damages Noise Republic might suffer as a result of the Clients’ breach;
  5. The Client further agrees that Noise Republic may carry out a credit enquiry with a credit bureau of its choice. In the event of its default in any respect whatsoever towards Noise Republic, Noise Republic shall be entitled to place the Client on “stop supply” after providing reasonable notice of at least 7 (seven) days , notwithstanding that the Client may have placed an order for the supply of goods prior to the “stop supply” date. The Client also agrees that after twenty-eight (28) days written notice, the conduct of the account may be forwarded to a credit bureau.
  6. In the event of Noise Republic instructing its attorneys to collect any amounts, all legal fees and collection charges and tracing agents’ fees, as between attorney and client, shall be borne by the Client. All payments made shall firstly be allocated towards such fees and charges, thereafter interest and finally capital.

Ownership:

  1. Any delivery note or waybill or job card (copy or original) signed by the Client or an employee or agent of the Client, shall be prima facie proof on its mere production that delivery was duly affected to the Client and that the goods and/or services delivered thereunder accorded with the quantity reflected thereon and with that ordered.
  2. Ownership of the goods shall not pass to the Client until the purchase price in respect of the goods in question has been paid. The provisions hereof shall apply notwithstanding the installation of such goods in the Clients’ premises or the accession thereof to any of the Clients’ property (whether movable or immovable) or that the goods may have been incorporated into or form a part of other goods or changed their essential character. All goods, whether fixed to immovable property or not, shall be deemed to remain movable property and severable from such immovable property.

Warrenties:

  1. Warranty is subject to manufacturers’ terms and conditions. Any warranty provided by product suppliers is subject to manufacturers’ warranty.