Legal notice
Terms and conditions of sale and tender
Zetty Bemarking cc. (Reg. No. 1987/0116654/23), trading as Zetty Electrical Wholesalers
Unless a contract expressly states otherwise in writing, these terms and conditions ("Terms") are incorporated into, and form part of, every agreement for the supply of goods or services between Zetty and any purchaser ("Buyer").
By placing an order or accepting a quotation, the Buyer confirms that it has read these Terms and agrees to be bound by them.
1. Validity
1.1 Quotation validity
All quotations shall be valid for the period stated in the tender. If no period is stated: written or faxed quotations are valid for 30 days from the date of quotation; telephonic or verbal quotations are valid for 24 hours.
1.2 Withdrawal and expiry
Quotations may be withdrawn prior to acceptance. Orders placed after the expiry date require Zetty's written confirmation. The tender is indivisible unless otherwise agreed by Zetty.
2. Acceptance
2.1 Acceptance requirements
Acceptance must include sufficient written information for execution. If acceptance is delayed, Zetty may amend prices to cover additional costs or extend delivery dates.
2.2 Sale or return
Goods supplied for sample purposes on a "Sale or Return" basis must be returned carriage paid within one month or be paid for.
2.3 Order cancellation
Orders on the Buyer's official order form may not be cancelled once accepted. The Buyer is estopped from denying validity even if the order was signed by an unauthorised person.
3. Packing
3.1 Standard packing
Unless otherwise specified, prices include standard Zetty packing.
4. Limits of contract
4.1 Quoted prices
Quoted prices include only the goods, accessories, and work specified.
5. Drawings, technical and commercial literature
5.1 Approximate specifications
All specifications, drawings, and dimensions submitted with quotations are approximate. Catalogues, price lists, and advertising materials are for illustration only.
5.2 Certified drawings
Certified drawings may be made available after acceptance. All designs, drawings, and technical information remain Zetty's property and are protected by copyright.
6. Performance
6.1 Performance figures
Performance figures are based on Zetty's experience and expected test results. Zetty is not liable for failure to meet expected figures unless specifically guaranteed.
6.2 Buyer responsibilities
The Buyer is responsible for ensuring goods are suitable for purpose and for errors or ambiguities in supplied drawings.
6.3 Force majeure
If Zetty is prevented from fulfilling obligations due to causes beyond its control (force majeure), it may terminate the contract wholly or partially. Payment is due for goods and services already supplied.
7. Delivery
7.1 Stock availability
All goods quoted ex-stock are subject to prior sale. Delivery excludes off-loading unless stated.
7.2 Partial deliveries
Partial deliveries are allowed and treated as separate contracts. Failure to deliver part of an order does not entitle the Buyer to cancel the remainder.
7.3 Failure to take delivery
If the Buyer fails to take delivery, Zetty may cancel and claim related costs.
8. Ownership
8.1 Risk and ownership
Risk passes on delivery, but ownership remains with Zetty until full payment. Resellers must follow FIFO (first in, first out) accounting for stock sold.
9. Liability for delay
9.1 Delivery estimates
Delivery dates are estimates. Zetty shall not be liable for late delivery unless agreed in writing.
9.2 Extended delivery times
Delivery times are extended for Buyer delays or lack of instructions, industrial disputes, or force majeure. Contracts may not be cancelled without giving Zetty reasonable notice and opportunity to remedy.
10. Variations and suspensions
10.1 Price variations
Prices may be fixed, or subject to foreign exchange, Contract Price Adjustment (CPA), or other stated conditions. The Buyer bears all duties, taxes, and applicable charges.
10.2 CPA variations
CPA variations certified by Zetty's auditors are binding. Delays or changes caused by the Buyer allow Zetty to adjust contract prices or invoice progress payments to cover incurred costs.
11. Terms of payment
11.1 Cash sales
Payment via EFT, cash, or cheque (conditions apply). Goods are released only once payment reflects in Zetty's bank account. Bank charges for deposits are the Buyer's responsibility. Card payments do not qualify for special pricing.
11.2 No credit
The Buyer acknowledges that Zetty is not a credit provider under the National Credit Act (No. 34 of 2005).
11.3 Account sales
Approved accounts are payable within 30 days of invoice date. Settlement discounts apply only if paid on time. Payments must include remittance details. Partial payments apply to oldest debts first.
11.4 Payment in advance
Zetty may demand advance payment or security if the Buyer's solvency is doubtful. No offsets or withholding are allowed unless approved by Zetty.
12. Arrears
12.1 Overdue payments
If unpaid after the due date, Zetty may withhold further supplies and charge interest at 2% above prime on overdue amounts. A bank certificate shall be binding as proof of the rate.
13. Guarantee
13.1 Agency products
Zetty passes on the Principal's guarantee (usually 12 months). Liability is limited to repair or replacement, excluding consequential damages. The Buyer covers removal, reinstallation, and transport.
13.2 Non-agency products
No guarantee applies unless agreed in writing.
13.3 Special buyout and manufactured products
These are covered by an equivalent guarantee where Zetty is the Principal. For Buyer-designed goods, Zetty guarantees workmanship only.
13.4 Defects
Defects do not entitle the Buyer to cancel the contract.
14. Consequential damages
14.1 Limitation of liability
Zetty is not liable for loss of contracts, profits, or any direct or indirect damages, including those arising from negligence.
15. Shortages and damage in transit
15.1 Claims timeframe
Claims for shortages or damage must be made within 7 days of delivery, or within 24 hours of invoicing for non-delivery.
15.2 Repair or replacement
If delivery was included, Zetty will repair or replace damaged goods free of charge.
16. Returns
16.1 Correctly supplied equipment
No refunds apply for goods correctly supplied in accordance with Buyer instructions.
16.2 Special buyout products
Non-returnable as specified in the quotation.
16.3 Repairs and warranty claims
Accepted only with a Repair Note and the original invoice or delivery document.
16.4 Authorisation
Written authorisation is required before returns. Include the invoice or delivery note and the reason for return.
16.5 Return conditions
Goods must be unused, in original packaging, and in resalable condition. Returnable within 5 days for local stock (standard products, cables, and components). Non-returnable after 5 days or for cut cables, special imports, and similar exceptions.
16.6 Handling fees
Applicable fees (percentage of net invoice): standard items 15%; instruments up to 50%; special orders subject to supplier terms.
17. Cancellation
17.1 Termination rights
Zetty may terminate the contract if the Buyer is liquidated or insolvent, or if the Buyer breaches these Terms. Upon cancellation, all amounts become immediately due.
17.2 Waiver of rights
Failure to act on a breach does not waive Zetty's rights.
18. Jurisdiction
18.1 Legal proceedings
Either party may institute legal proceedings in any Magistrates' Court in South Africa, regardless of claim value.
19. Legal fees
19.1 Collection costs
All legal and collection costs incurred by Zetty are payable by the Buyer, including attorney/client fees and tracing charges.
20. Consumer Protection Act
20.1 Consumer sales
The Buyer must notify Zetty if goods are resold to consumers under the CPA.
20.2 Indemnification
The Buyer indemnifies Zetty against all claims, losses, and damages arising from breach of this undertaking, or negligent or unlawful conduct by the Buyer under applicable law.
Questions about these Terms? Contact us and we will direct your enquiry to the appropriate team.
Document version 2.4. This page is provided for reference; executed agreements and written quotations may contain additional or varied terms where expressly agreed.
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