STANDARD TERMS AND CONDITIONS OF PURCHASE AND SALE
PSI-Super (Pty) Ltd (“the Supplier”) and the Customer hereby confirm that they agree to transact on the purchase and sale of any goods by the Supplier to the Customer, subject to the following terms and conditions:
- The Supplier reserves the right to update and amend these Terms and Conditions at its sole discretion; the onus being on the Customer to read the Terms and Conditions prior to each and every transaction in order to satisfy itself as to the rights and obligations of the Customer and Supplier for each transaction.
Sale of goods:
- It is agreed that should you conclude a verbal or written order from the Supplier, you have concluded a valid purchase of the goods and you are obligated to take delivery of the goods, for which you are obligated to make payment in full.
Purchase price and payment:
- The Customer is obligated to pay in full the advertised price of the goods, over the duration as determined in the sole discretion of the Supplier.
- The purchase price may, if determined necessary by the Supplier, include courier costs. Should repeated attempts to deliver be made, which deliveries are unsuccessful, for whatever reason, the Customer shall be obligated to pay the costs occasioned by such repeated delivery attempts.
- Should the Customer fail to make payment of any one of the installments due on due date, for any reason, the Supplier reserves the right to extend the duration for payment over such period as it, in its sole discretion may determine.
- No interest, fee or charge is payable on the purchase despite the payment of the goods being on an installment basis. Should you fail to make payment of any amount due in terms of the agreement of purchase and sale, interest shall be payable in terms of the Prescribed Rate of Interest Act 1975, as amended and as such, interest shall be payable from the date upon which the Supplier makes lawful demand, until the date of payment.
- Save for the goods being defective as defined in the Consumer Protection Act 68 of 2008 (“the CPA”), the full purchase price will be payable whether or not the goods are lost, stolen, destroyed or should the Customer no longer wish to have use of the goods.
- The Customer is obligated to make payment in full without deduction, demand or set off.
- All amounts due in respect to the purchase shall be paid by the Customer by direct debit order from your bank account on the date stipulated by the Supplier.
- The Supplier may appropriate any payment made by the Customer to any amount due by the Customer to the Supplier arising out of any cause / transaction.
- Failure to make any payment on due date shall constitute a breach of the agreement of purchase and sale. As a result of which, the Supplier shall be entitled to debit by direct debit order the balance of the purchase price due to the Supplier.
Delivery, Ownership and Risk
- The Customer acknowledges that despite delivery, ownership in the goods shall not pass until the goods are paid for in full. Notwithstanding the aforegoing, risk in the goods shall pass to the Customer upon receipt of delivery/ completion of installation / repair.
- The Supplier shall be under no obligation to deliver the goods purchased until you are approved as a Customer of the Supplier. The Supplier may, in it’s sole discretion extend the date of delivery of the goods, should any one debit order payment not be made by you on due date and in full.
- In order to deliver to the Customer, the goods purchased, the Customer must personally receive the goods by presenting positive identification and signing the delivery notice personally.
- In the event that the Supplier attends to arrange for delivery of the goods, risk in the goods shall pass to the Customer upon dispatch. Signature on the delivery note or third-party waybill shall be deemed to evidence effective delivery of the goods in good order.
Quality of goods
- Whilst the Supplier intends to deliver goods of a reasonably good quality, free of defects and which are safe, it is understood that should the Customer receive goods which are not of a reasonably good quality, or which are defective or unsafe, the Customer is obligated to notify the Supplier within 1 month after receipt of the goods. This provision does not apply to:
16.1. Goods which have been altered, used or interfered with in a manner which is not consistent with the instructions for use of any good;
16.2. Goods which have been abused, misused, mistreated, or in any other way damaged by intention or neglect.
16.3. Goods which have been subjected to an unreasonable or unintended use.
- The supplier shall have no liability for any goods which have been used for an extended period and which have been diminished as a result of ordinary wear and tear.
Invoicing and Statements
- We do not dispatch invoices or statements. All statements and invoices are made available to the customer via the customer portal to which the Customer will have access consequent upon making any purchase from the Supplier. It is incumbent upon the Customer to access their invoices and statements in this manner.
Fixed term agreements
- Each transaction shall constitute a fixed term agreement. As such, the Customer shall be entitled to terminate the agreement on 20 business days’ notice to the Supplier.
- The Customer understands and agrees that, in the event of early termination, the Supplier shall be entitled to charge a reasonable cancellation fees which shall be calculated at the equaivalent amount as is outstanding in respect to the goods at the time of cancellation.
Cooling off period
- In the event that an agreement between Supplier and Customer was entered into by way of direct marketing, it is recorded that you will have 5 business days to cancel this agreement. In the event that any goods have been delivered to you during the currency of the (now cancelled) agreement, you shall be obligated to return the goods to the Supplier, at your cost, in their original packaging and the goods must be unused.
- In the event that such cancellation occurs and the Customer returns the unused goods in the original packaging, any amount which have been paid by the Customer to the Supplier shall be refunded within 14 days from the date upon which the unused goods in the original packaging is received by the Supplier, the costs of which initial delivery and the return of the goods will be payable by the Customer. The Supplier shall also be entitled to raise a reasonable cancellation fee for which the Customer shall be liable.
- The Customer will have committed a breach of the agreement of purchase and sale if:
23.1. the Customer breaches any term of this agreement;
23.2. the Customer fails to provide accurate information in concluding the agreement of purchase and sale;
23.3. the Customer commits any act of insolvency, are placed under debt review, or are sequestrated (whether provisionally or finally);
23.4. the Customer fails to make any payment due in terms of the agreement of purchase and sale.
24. In the event that the Customer fails to make any payment due in terms of the agreement of purchase and sale, the Supplier is entitled (but not obligated) to provide you with written notice and/or cancel the agreement of purchase and sale, or proceed to have the agreement of purchase and sale enforced by order of court.
25. The Supplier shall, in the event of default for non-payment be entitled to list your default with any credit bureau with the particulars pertaining thereto, after having provided to you at least 7 business days’ notice of the Suppliers intention to list your default in accordance with this clause.
Certificate of indebtedness
26. A certificate signed by a director of the Supplier, whose authority need not be proved, as to the amount the Customer is indebted to the Supplier, shall constitute prima facie (on the face of it) proof of the Customers indebtedness to the Supplier.
27. It is specifically agreed with the Customer that:
27.1. The Supplier may undertake whatever credit investigations that the Supplier deems reasonably necessary to determine the likelihood of the Customer’s continued payment of any amount to which the Customer may become indebted to the Supplier.
27.2. The Supplier is authorised by the Customer to provide personal information to the Credit Bureaus regarding the agreement of purchase and sale, the Customer’s payment behaviour (in terms thereof), the enforcement, termination, cancellation or debt collection in terms thereof.
27.3. It is the obligation of the Customer to determine whether any information supplied to the Credit Bureau is correct in all respects.
27.4. In concluding an agreement of purchase and sale with the Supplier, the Customer acknowledges and specifically agrees that the Supplier shall obtain, retain, store and process personal information of the Customer for the purpose of assessing the validity and accuracy of the information supplied to the Supplier by the Customer, open and administer the account of the Customer, analyse statistical information, develop and improve products and service, determine customer behaviour and to make offerings to Customers based on assessed preference.
27.5. In obtaining retaining, storing and processing the Customer’s information, the Supplier shall only disclose such personal information to its subcontractors, agents, employees and to an organization contracted by the Supplier to provide a centralized application matching service for the purpose of preventing and/or detecting fraud, to financial institutions, Credit Bureaus and payment intermediaries, and in connection with any legitimate purpose for the development and administration of the Supplier’s business interests.
27.6. Unless the Customer specifically opts out of any communications from the Supplier the Customer hereby agrees to receive marketing material from the Supplier by way of text, voice call, messaging app, email and post.
Address for services of legal documents
28. The Customer confirms that the physical address which is entered into the Customer portal at the time of registration of the Customer profile shall be the address at which the Customer shall receive all legal documents, without the Supplier being obligated to prove receipt of the documents from the Supplier (domicilium citandi et executandi).
29. The Customer may change it’s address for service of legal documents by updating the physical address which is entered into the Customer portal.
30. In concluding an agreement of purchase and sale, the Customer agrees that:
30.1.the Customer is bound by these terms and conditions;
30.2. all information which the Customer provides to the Supplier is valid and correct and upon which the supplier shall be entitled to rely;
30.3. the Customer understands the terms of concluding an agreement of purchase and sale with the Supplier.
30.4. the Customer absolves and waives any right to recover from the Supplier any amounts to which the Customer may be entitled by virtue of any loss, damage, expense or cost which the Customer may incur as a result of the Supplier using the banking information supplied by the Customer to the Supplier for the purpose of the Supplier withdrawing via direct debit any amount which the Customer may owe to the Supplier as a consequence of the conclusion of any agreement of purchase and sale being concluded between the Supplier and the Customer.
Governing laws and Jurisdiction
31. This agreement shall be governed by the Laws of the Republic of South Africa.
32. The supplier shall be entitled to institute action for any cause of action, however arising, in the Magistrates Court with appropriate jurisdiction.
33. In the event that goods purchased are subject to a manufacturer warranty and on the event that goods become defective within the period of the manufacturer’s warranty then the manufacturer’s terms and conditions of warranty shall be applicable and the Supplier reserves the right to refer the goods to the manufacturer or authorized agent for technical assessment whereby the manufacturer shall determine whether the goods have become defective due to a manufacturer defect or whether they have become defective due to misuse or abuse by the Customer or whether due to failure to follow installation, operational, service or maintenance instructions.
34. The Customer shall not be entitled to rely on any warranties or representations which are not contained in these terms and conditions, whether or not the alleged warranty or representation induced the Customer to enter into any agreement of purchase and sale with the Supplier.
35. No indulgence, relaxation or leniency by the Supplier shall constitute a waiver of the Supplier’s rights in terms of these terms and conditions.
36. Without prejudice to any other provision of these terms and conditions, any successor in title, including executor, heir, liquidator, administrator curator or trustee shall be bound by these terms and conditions.
37. In the event that the Customer breaches these terms and conditions, the Supplier shall be reimbursed all legal costs as between attorney and own client, in respect to any legal action which the Supplier may take, including tracing costs and collection commission.
Debit order authority
38.1. I, the Customer, hereby authorize PSI-Super (Pty) Ltd (“hereinafter referred to as “PSI”), its successors in title, assignees, or any collection agency or payment intermediary appointed by PSI to withdraw funds from my bank account, as provided for in the purchase order form, in respect of all amounts which are now or may from time to time in the future be due and payable by me to PSI arising from any obligation which I may have in terms of any agreement entered into with PSI, or which I enter into, in the future with PSI.
38.2. I hereby authorize PSI to accept all debits which PSI levies in terms of this authorization and to debit my banking account and to regard such debits as if given and signed by me personally.
38.3. I hereby authorize PSI to give notice to the bank with which I hold the banking account as described in the purchase order form on my behalf which notice is to be regarded as if given by me personally.
38.4. I agree to pay any costs or banking charges levied on occasion of the debit order instruction.
38.5. Payment in terms of this debit order instruction shall continue until such time as all financial obligations owed by me to PSI are met in full.
38.6. I accept and agree that I shall not be entitled to any refund or repayment of any monies debited from my account for so long as I remain indebted to PSI.
38.7. I agree that if I allege that any payment in terms of this debit order instruction was not valid, I bear the onus of proof.
38.8. I hereby authorize PSI to issue and deliver payment instructions to the bank for collection against the said banking account.
38.9. I understand that should this debit order instruction be cancelled for any reason, the cancellation thereof shall not cancel the underlying purchase and sale agreement and such cancellation does not absolve me of any liability which I may have to PSI.
38.10. This debit order instruction may be assigned to third parties if the agreement of purchase and sale is assigned to third parties.