Terms & Conditions

Terms and conditions as per Gentron Group

1 Any price lists exhibited, circularised, or issued by Gentron Computers cc {‘the seller) are for information only are subjected to change or variation without notice and do not constitute offers of sale at the prices listed.

2 All payments of any amount due are strictly on a  C.0.D.  basis or such later date as may be accepted by the seller writing.

3 If the purchaser fails to make payment of any amount due,  on the due date, then the purchaser acknowledges that the seller will be entitled to charge interest on all overdue amounts at a rate of 2% per month, compounded, provided that the seller shall be entitled it’s sole and absolute discretion, to vary the rate of interest without notice to the purchaser.

4 Payment may not be withheld  by  purchaser  pending  settlement  of any claims or dispute under these condition of sale.

5 The seller shall, in its sole discretion at any time without prior notice to the purchaser, be entitled  to reduce  the credit limit  initially imposed  on the facilities extended to the purchaser. 6 The purchaser hereby agrees that  a  certificate  signed by a  director of the seller reflecting the balance then owing on account, shall be  prima facie evidence of the amount owing for purposes of any action by the  seller for payment of such balance and will constitute an acknowledgement of the debt by the purchaser favour of the seller for the sum reflected such certificate entitling the seller to claim provisional sentence or to obtain summary judgement against the purchaser, as if the document were a liquid document signed by the purchaser.

7 Should any payment due by the purchaser to the seller not be made on due date or should the purchaser be placed in compulsory o, voluntary liquidation, compulsory or voluntary judicial management or attempt  to effect a compromise with one or more of its creditors or commit any act   of insolvency, the full balance owing to the seller by the purchaser as at the date thereof, from whatsoever cause arising, shall immediately become due and payable without notice by the seller. The seller in its sole discretion shall furthermore have the right to cancel any contract between the seller and the purchaser and have the right to refuse to deliver any goods to the purchaser, which event the purchaser shall have no claims against the seller arising out of such cancellation or the refusal  of  the  seller  to  deliver  any  further  goods  to  the purchaser.

8 Any promissory note and/or negotiable instruments  and/or any other  bill of exchange shall be deemed to have been accepted by  the  seller without prejudice  to  the seller’s rights against  the  purchaser  respect of the original cause of debt, and the purchaser hereby waives the requirements of presentment, notice of dishonour and protest, respect of any promissory note, negotiable instruments or other bills oi exchange in terms of which it is liable as drawer, endorser,  surety, co­ principal debtor, or aval and respect of which the seller shall  become the holder.

9 Delivery dates are approximate, and whilst the seller will  make  every effort to adhere to the date/s (if any) stated the Order Confirmation, to ensure that the goods are delivered timeously,  no case shall  time be   of the essence to the contract unless specifically agreed to  by  the seller writing, and the purchaser shall have no claim of whatsoever nature arising out of any delay delivery.

10 The seller does not hold itself liable for any delays caused by breakdown of machinery, strikes, civil commotion, labour disputes, political riot, accidents, orders or regulations by  any  government  or other authority, acts of God, casus fortuitis or any other cause whatever beyond its control.

11 The purchaser shall be obligated to accept delivery of the goods when delivery is made by the seller to  the purchaser at the address  given on  the face hereof or when goods are collected from the seller. Should the purchaser fail to take delivery or should the purchaser purport to withdraw his offer to purchaser, then the seller shall be entitled  as  its option-

11.1 to demand the return  of the goods and retain any monies  paid by the   purchaser  as   roukoop,   alternatively, to claim  damages;

11.2 to claim immediate payment of the full purchase price, or the balance  thereof,  as  the  case  may  be,  against  tender  of  the  goods.

12 The seller must be notified within three days of receipt by the  purchaser of the goods of any complaint respect of damaged goods and/or specification of material supplied and  should  the purchaser fail  to notify the seller within the said three day period, the failure to do so  will invalidate any further or subsequent claims.

13 The seller undertakes to make every effort to ensure that the goods supplied will conform to specifications and/or to any requirements specifically accepted by it writing regard to any particular order, but gives no warranty express or implied regard to material, workmanship or fitness of goods for any particular purpose.

14 The event of goods not providing to be accordance with the specifications or requirements referred to above as determined by the seller, the seller shall not be responsible for any damages whatsoever whether direct or consequential occasioned by such deviation from specifications.

15 Notwithstanding anything to the contrary contained herein, it is incumbent on the purchaser, when returning any goods, to ensure that such goods are handled in an appropriate manner and that sensitive equipment is handled in such a way as not to occasion any damage to such equipment. Should damage be done to goods as a result of mishandling, which shall be decided at the sole and absolute discretion of the seller, the seller shall incur no liability respect of such damage.

16 The seller shall not be obliged to accept any goods returned by the purchaser for credit unless the purchaser has complied with the provisions of clause 13. Notwithstanding the a foregoing, the seller may its sole discretion accept goods returned by the purchaser for credit provided that in the event that the seller in its discretion agrees to pass credit to the purchaser, respect of goods returned by the purchaser, then and in such event the purchaser agrees that the seller shall be entitled to handling charge an amount equivalent to 10% of the selling price of the goods returned.

17 Should the seller its sole discretion be of the opinion that any goods returned were originally supplied to it defective, it shall at its sole discretion have the option of ceding any action it may have against the manufacturer or supplier to the purchaser and the purchaser shall have the opportunity at its own discretion to pursue such action against the manufacturer or supplier.

18 The purchaser hereby agrees and consents that the seller shall be entitled at its option to institute any legal proceedings which may arise out of or in connection with these conditions of sale in any Magistrates’ Court having jurisdiction in terms of Section 28 of the Magistrates’ Court Act, 1944 (Act no 32 of 1944), as amended, notwithstanding that the claim or value of the matter dispute might exceed the jurisdiction of such  Magistrates’  Court   respect  of   the  causes  of  action.

It is agreed however that the seller shall have the right, at its discretion, to institute any legal proceedings against the purchaser in the Supreme Court of the Republic of South Africa.

19 In the event that the seller is obliged to institute action against the purchaser for payment of any amounts due arising out of any agreement between the seller and the purchaser, the purchaser acknowledges that it shall be obliged to pay all costs arising out of the institution of action, including costs of the seller as on the scale as between attorney and  client,  and including collection  commissions.

20 The purchaser selects as its domicilium citandi et executandi, the address reflected on the application to open an account completed by the purchaser, or the event that no application to open an account has been completed, the address for delivery reflected on the invoice addressed by the seller to the purchaser, where all notices, process and documents connection with or arising out of the conditions of sale may validly be served.

21 Ownership of the goods shall remain vested the seller until such time as the goods have been paid for full. Until the goods have been paid for full, the seller shall be entitled, at any time and without prior notice to the purchaser, to  repossess  the  goods  from  the  purchaser. Notwithstanding the a foregoing, the risk the goods shall pass to the purchaser on delivery of the goods to the purchaser or its duly authorised agent.

22 Event of any written order for goods is placed  by  any  party acting a representative capacity then such party hereby warrants that he is duly authorised to place and/or sign such order and the event that such party is not authorised, such party hereby expressly acknowledges that he shall be personally liable to the seller respect of all and any amounts that may become due and payable to the seller arising out of these conditions of sale.

23 The purchaser acknowledges and agrees that any representations, statements or warranties made by the seller er any person acting or purporting to act on its behalf and not specifically included herein, are of no force and effect.

24 No relaxation or indulgence which the seller may have granted to the purchaser shall any way prejudice the seller’s rights and shall not preclude the seller from exercising all or any of  it’s rights  hereunder.

25 The conditions of sale, the purchaser’s order which the seller has accepted and undertaken to fulfil as read with any credit application which may have been completed by the purchaser, represent the entire agreement between the parties, and no alteration or variation hereof shall be of any force or effect unless reduced to writing and signed by the parties, save such circumstances where it is expressly stated herein that the seller shall be entitled without notice to the purchaser to vary any of the provisions of these conditions of sale.