1.The Customer agrees that (a) this contract represents the entire agreement between the Customer and Pacer Computers cc (hereinafter called “Pacer") and that no alterations or additions to this contract may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of Pacer; (b) that this agreement will govern all future contractual relationships between the parties; (c) is applicable to all existing debts between the parties and (d) this contract is final and binding and is not subject to any suspensive or dissolutive conditions.
- The Customer hereby acknowledges that he/she has read and understood each term of this agreement and accepts them as binding.
- The Customer warrants that the signatory on the reverse side has been duly authorised to contract on the Customer's behalf.
- The signatory hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to Pacer and agrees that these Standard Conditions will apply mutatis mutandis to him/her and he/she renounces the benefits of excursion and division.
5.1 The Customer agrees that neither Pacer nor any of its employees will be liable for any negligent innocent misrepresentations made to the Customer.
6.1 All quotes will remain valid for either a period of 14 days from the date of the quote or until the date of issue of a new official Price List, whichever occurs first. The validity of any price quoted is subject to any increases in the cost price of Pacer before dispatch of goods.
6.2 The Customer hereby confirms that the goods and services on the invoice issued duly represent the goods and services ordered by the Customer at the prices agreed to by the Customer and where performance/delivery has already taken place that the services and goods were inspected and conform to the quality and quantity ordered. It is the sole responsibility of the Customer to determine that the goods or serviced ordered are suitable for the purpose of intended use.
6.3 Any delivery note (copy or original) signed by the Customer and held by Pacer shall be conclusive proof that delivery was made to the Customer.
6.4 All orders, whether oral or in writing, will be binding and subject to these standard conditions of agreement and may not be cancelled.
6.5 Pacer shall be entitled in its sole discretion to split the delivery of the goods ordered in the quantities and on the dates it decides.
6.6 Pacer shall be entitled to invoice each delivery actually made separately.
6.7 The risk of damage or destruction passes to the Customer on dispatch of the goods.
6.8 In the case of repairs undertaken by Pacer, repair times given are merely estimates and are not binding on Pacer.
6.9 If Pacer agrees to engage a third party to transport the goods, Pacer is hereby authorised to engage a third party on the Customer's behalf and on the terms deemed fit by Pacer.
6.10 The Customer agrees to indemnify Pacer against any claims that may arise from such agreement against Pacer.
6.11 The Customer agrees unconditionally to any cession or assignment of Pacer's rights under this agreement.
7.1 In the event of new goods that are defective, the rights of the Customer are limited to the factory guarantee of the goods supplied. To be valid, guarantee claims must be supported by the original Tax invoice and the undamaged packaging of the goods. All guarantees are immediately null and void should any equipment be tampered with or should the seals on the equipment be broken by anyone other than Pacer. Under no circumstances will Pacer be liable for damage arising from misuse or abuse of the goods.
7.2 Liability under Clause 7.1 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Pacer. It is the duty of the Customer to return any defective goods to the premises of Pacer at the Customer's own cost.
7.3 Any item delivered to Pacer will form the object of a pledge in favour of Pacer for present and past debts.
7.4 Loan equipment may be provided for equipment being repaired under guarantee at the sole discretion of Pacer and at the Customer's risk.
- Under no circumstances will Pacer be liable for any consequential damages or for any delictual liability of any nature whatsoever.
- No claim under this contract will arise unless the Customer has given Pacer 30 days written notice by prepaid registered post to rectify any defect or breach of contract.
- The Customer agrees to pay the amount on the invoice at the offices of Pacer (a) cash on delivery; or (b) if the Customer is a Credit Approved Customer, within 30 days after an invoice is issued by Pacer.
11.1 The Customer has no right to withhold payment for any reason whatsoever.
11.2 The Customer is not entitled to set off any amount due to Pacer by the Customer against this debt.
11.3 The Customer hereby agrees that any item handed in for repair may be sold by Pacer to defray the cost of such repairs if the item remains uncollected within 30 days of the repairs being completed.
- The Customer agrees that if an account is not settled in full (a) against delivery; or (b) within the period agreed in clause 10 above in the case of a Credit Approved Customer; Pacer is: (i) entitled to immediately institute action against the Customer at the sole expense of the customer; or (ii) to cancel the agreement and take possession of any goods delivered to the Customer and claim damages
- The Customer agrees that the amount due and payable to Pacer shall be determined and proven by a certificate issued by Pacer and signed on its behalf by any duly authorised person, which authority need not be proven. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
- The Customer agrees that interest shall be payable on any monies due to Pacer at the maximum legal interest rate prescribed in terms of the Usury Act, from the date they fall due. In the case of late payment interest shall be calculated from the date of delivery.
15.1 In the event of cancellation, the Customer shall be liable to pay (a) the difference between the selling price and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of repossessed goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be conclusive proof of the value.
15.2 The Customer indemnifies Pacer completely against any damage whatsoever relating to the removal of repossessed goods.
- All goods supplied by Pacer remain the property of Pacer until such goods have been fully paid for. The Customer is not entitled to sell or dispose of any goods unpaid for without the prior written consent of Pacer.
17.1 The Customer shall be liable to Pacer for all legal expenses (including collection fees) on the attorney-and-client scale of an attorney and counsel incurred by Pacer in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred.
17.2 The Customer agrees that Pacer will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate's Courts.
- The Customer agrees that no indulgence whatsoever by Pacer will affect the terms of this agreement or any of the rights of Pacer and such indulgence shall not constitute a waiver by Pacer in respect of any of its rights herein. Under no circumstances will Pacer be stopped from exercising any of its rights in terms of this contract
- Pacer shall have the right to institute any action in either the Magistrate's Court or the Supreme Court at its sole discretion.
20.1 Any document will be deemed duly presented to the Customer within (i) 3 days of prepaid registered mail to any of the Customer's business or postal addressed or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer's fax numbers or any director, member's or owner's fax numbers; or (iii) on being delivered by hand to the Customer or any director, member or owner of the Customer.
20.2 The Customer chooses domicilum citandi et executandi the business or the physical addresses of any director (in the case of a company), member (in the case of close corporations) or of the owner(s) or partner(s).
- The Customer agrees to the standard rates of Pacer for any goods or services rendered, which rates may be obtained on request.
- The invalidity of any part of this contract will not affect the validity of any other part.
- Any order is subject to cancellation by Pacer due to force majeure from any cause beyond the control of Pacer, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.