TERMS AND CONDITIONS
BUYERS TERMS AND CONDITIONS
YS Distributors (Pty) Ltd provides the information, services and opportunity to purchase YS Distributors Products offered to the user via this Website herein after referred to as the Services subject to these Terms & Conditions. By accessing the Website or acquiring the Service the user is deemed to have understood and agreed to these Terms & Conditions, whether signed by the user or not. Accordingly the user agree to review these Terms & Conditions periodically, and the users continued access of the Website or use of the Services shall be deemed to be the users acceptance of the amended Terms & Conditions.
CONTENT OF THE WEBSITE
YS Distributors (Pty) Ltd makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on the Website. YS Distributors (Pty) Ltd reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of the Website, the opinions, information, data or content contained on the Website shall not be construed as advice and are offered for information purposes only.
3.1 YS Distributors (Pty) Ltd shall be entitled to verify the identity of any user placing an order via this Website. Any misrepresentation may constitute immediate cancellation by YS Distributors.
3.2 YS Distributors (Pty) Ltd shall be entitled to establish the authenticity of any communication from the user.
USE OF THE WEBSITE
4.1 The user agrees to use this Website in accordance with these Terms & Conditions and only for lawful purposes. The user is herewith prohibited from posting on or transmitting through this Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. The user agrees not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card, or attempt to do any such acts.
TERMS APPLYING WHEN YOU PURCHASE YS DISTRIBUTORS (PTY) LTD PRODUCTS
5.1 All orders must be in writing, accompanied by sufficient information, including but not limited to an order number, contact person, valid email address, delivery address, and payment method.
5.2 All orders are subject to the Terms and Conditions and the user will be bound by the terms and conditions, whether signed or not.
5.3 An order will become final upon signature of the quotation by the User,
5.4 The word Cleared refers to visible and available funds in YS Distributors bank account, Payments need to be cleared before order can be executed.
5.5 No products will be released without full cleared payment in YS Distributors account.
5.6 After an order is placed as stipulated above, no cancellation of the order will be accepted. ANY DEPOSIT PAID IS UNDER NO CIRCUMSTANCES REFUNDABLE, unless otherwise specified.
Subject to the conditions, stipulating 100% satisfaction, YS Distributors (Pty) Ltd determines that they will not accept returned products. Any acceptance of return products are at the sole discretion of YS Distributors, and subject to the following conditions:
6.1 No claims will be recognised if made later than 7 days of receipt of goods in writing
6.2 No returns will be accepted on imported and custom manufactured items.
6.3 The user will be bound by the terms and conditions of this agreement when purchasing any YS Distributors (Pty) Ltd Products via this Website or entering personal details on the Website.
6.4 The transport costs of any return products will be for the users own account
6.5 Payment History Check The user herewith permits YS Distributors (Pty) Ltd to perform any credit- check, if so chosen. Should YS Distributors (Pty) Ltd question the credit-worthiness, of the user, YS Distributors (Pty) Ltd may require full or partial payment of the Purchase Price or other assurance from you before the products are manufactured or dispatched.
6.6 Indemnity The user indemnifies YS Distributors, its officers, members, employees, successors and assigns from any liability, loss or damage (whether direct, special, indirect, incidental or consequential) resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the Product, including without limitation their purchase, delivery, late delivery, non-delivery, or use.
SUPPLIERS TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Seller agrees to be bound by and to comply with all terms set forth herein and in any purchase order, to which these terms are expressly incorporated by reference (collectively, the “Order”), including any amendments, supplements, specifications and
other documents referred to in an Order. Acknowledgement of an Order, including without limitation, by beginning performance of the work called for by an Order, shall be deemed acceptance of an Order. The terms set forth in an Order take precedence over any alternative terms in any other document connected with a transaction unless such alternative terms are: (a) part of a written supply agreement (“Supply Agreement”), which has been negotiated between the Parties and which the Parties have expressly agreed may override these terms in the event of a conflict and/or (b) set forth on the face of an Order.
DELIVERY AND PASSAGE OF TITLE
All goods ordered shall be subject to inspection or verification by Buyer or its authorised agent (a) during the period of manufacture, (b) prior to shipment, and (c) at destination, notwithstanding any prior payment, inspection or terms of shipment. Inspection by Buyer or its authorised agent, failure of Buyer or its agent to make adequate inspection, or acceptance by Buyer shall in no event limit or discharge the obligations of Seller to comply with the provisions of an Order. Payment for any goods hereunder shall not be deemed acceptance thereof. All risk of loss or damage to the goods will remain Seller’s until delivered to and accepted by Buyer at the point specified in an Order, unless Buyer and Seller agree otherwise in writing. Title to the goods shall pass to Buyer no later than the time of delivery provided that any passing of title shall not prejudice either Buyer’s right to reject Nonconforming Goods or any other right that Buyer may have; and in those instances where advances or progress
payments are made, title, but not risk of loss or damage, shall pass to Buyer as soon as items are identified to the Order. All items so identified shall be adequately marked and recorded as being the property of Buyer. “Non conforming Goods” shall mean any goods that fail to conform in any respect to one or more of the warranties.
TIME IS OF THE ESSENCE
The terms and conditions for shipment are stated on the face of the Order. The time stipulated for delivery of the goods in the Order shall be of the essence, and failure of Seller to complete delivery of the goods herein ordered within the time specified, or within a reasonable time if no time is specified, shall, at the option of Buyer, without liability, in addition to Buyer’s other rights or remedies, relieve Buyer of any obligation to accept and pay for any such goods. Without prejudice to Seller’s obligation to deliver the goods on time, Seller shall give Buyer notice in writing immediately if any delay is foreseeable. Buyer shall not be required to make any payment in respect of goods shipped by Seller in advance of this specified shipping date until the date
specified in this Order for such goods.
Seller warrants that all goods and services provided pursuant to this Order, whether provided by Seller or a direct or indirect supplier of Seller, will be free of any claims of any nature, including without limitation title claims, and will cause any lien or encumbrance asserted to be discharged, at its sole cost and expense, within thirty (30) days of its assertion (provided such liens do not arise out of Buyer’s failure to pay amounts not in dispute under this Order or an act or omission of Buyer). Seller warrants and represents that all such goods and services will be new and of merchantable quality, not used, rebuilt or made of refurbished material unless approved in writing by Buyer, free from all defects in design, workmanship and material and will be fit for the particular purpose for which they are intended. Seller acknowledges that it is fully aware of the purposes for which Buyer intends to use the goods and therefore further represents and warrants that all goods will be suitable for, and will accomplish, such purposes. Seller expressly warrants that all goods delivered in connection with this Order will conform to any sample or any specifications, drawings or other description furnished or adopted by Buyer. Seller will assign to Buyer any manufacturers’ or other warranties applicable to the goods and will cooperate with Buyer in enforcing such warranties. The warranty herein shall also apply to any replaced or corrected goods. The design, manufacture, production, testing, sale and delivery of the goods and Seller’s performance of its obligations under an Order will comply with all applicable laws. Any attempt by Seller to limit, disclaim or restrict any such warranties or remedies by acknowledgment or otherwise shall be null, void and ineffective.