QD XPRESS & SOLVENT SUPPLY CC

STANDARD TERMS AND CONDITIONS OF SALE

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CONDITIONS OF SALE

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• FOR REGISTERED VENDORS ONLY:

      This price list is strictly for use by registered vendors and approved wholesale customers of QD Xpress and Solvent Supply CC. Unauthorized  use or distribution is not permitted.

• VALUE ADDED TAX (VAT):

       All prices are exclusive of VAT. A 15% VAT charge applies to all goods and services.

• PRICES SUBJECT TO CHANGE

       Prices are subject to change without notice due to market fluctuations, exchange rates, and raw material cost increases.

• TERMS OF PAYMENT

       Unless otherwise agreed in writing, all purchases are payable cash on order. Credit terms are only available to approved customers.

• OWNERSHIP AND RISK

       Ownership of goods remains with QD Xpress and Solvent Supply CC until full payment is received. Risk transfers to the Customer upon dispatch.

• RETURNS AND CLAIMS

       No returns are accepted without prior written approval. All claims must be reported within 7 days of delivery and must include valid proof of purchase.

• ORDERS AND DELIVERY

       Minimum order quantities may apply. Delivery times depend on stock and logistics. Split deliveries or delays may occur at the company’s discretion.

 

1. ENTIRE AGREEMENT

 

1.1 The Customer agrees that:

(a) this Agreement represents the entire Agreement between the Customer and QD Xpress and Solvent Supply CC (hereinafter called QDSS) and that no alterations or additions to this Agreement may be affected unless agreed to by both parties,

reduced to writing and signed by the Customer and a duly authorized representative of QDSS.

(b) this Agreement will govern all future contractual relationships between the parties.

(c) this Agreement is applicable to all existing debts and future debts between the parties.

(d) this Agreement is final and binding and is not subject to any suspensive or resolutive terms or conditions.

(e) any conflicting conditions stipulated by the Customer are expressly excluded.

(f) these terms supersede all previous conditions of Agreement without prejudice to any securities or guarantees held by QDSS;

(g) these terms apply to all subcontractors of QDSS.

1.2 Each provision of this Agreement is severable from the other provisions. Should any provision be found to be invalid or unenforceable for any reason, the remaining provisions shall nevertheless remain binding and in full force and effect.

 

2. APPLICABILITY

 

2.1 This Agreement becomes final and binding on receipt and acceptance of this offer by QDSS at its business address as appears on the face of the document to which these terms are attached (“the Business Address”).

2.2 Any order becomes final and binding on receipt and acceptance of such order by QDSS at its Business Address.

 

3. SURETYSHIP

 

3.1 If the signatory is a member/shareholder of the Customer (or partner if a partnership), they bind themselves personally as surety and co-principal debtor for the full amount due to QDSS, and these Standard Conditions shall apply equally to them.

 

4. LIABILITY

 

4.1 The Customer agrees that neither QDSS nor its employees are liable for any negligent or innocent misrepresentations made.

4.2 It is the Customer’s responsibility to ensure that the goods/services ordered are suitable for intended use.

 

5. QUOTATIONS

 

5.1 All quotations remain valid for 30 days from issue or until a new price list is issued.

5.2 Prices may vary due to cost or forex fluctuations before delivery.

5.3 Disputed increases may be certified by an independent auditor.

5.4 All orders or agreed variations are binding and subject to these Terms, unless otherwise provided under the Consumer Protection Act.

 

6. DELIVERY AND ACCEPTANCE

 

6.1 QDSS may invoice each delivery separately.

6.2 Unless otherwise agreed, delivery occurs at the Customer’s business address. Delivery is deemed made upon a signed delivery note or waybill.

6.3 Risk passes to the Customer on dispatch. Loading/unloading is the Customer’s responsibility and at their risk, even if QDSS employees assist.

6.4 Delivery times are estimates only.

6.5 QDSS may split deliveries as it deems reasonable.

6.6 The Customer indemnifies QDSS against claims arising from loading/unloading arrangements.

 

7. COPYRIGHTS

 

7.1 The Customer acknowledges copyrights and will not copy protected material.

7.2 The Customer indemnifies QDSS against any IP infringement claims from Customer-supplied material.

 

8. WARRANTIES, GUARANTEES AND DECLARATIONS

 

8.1 QDSS warrants goods are reasonably suited for intended purposes, of good quality, durable, defect-free, and standards-compliant.

8.2 Goods may be returned within 10 days if not compliant. QDSS will refund, replace, or repair at the Customer’s election.

8.3 Returns may be refused if goods were altered or used contrary to agreement.

 

9. LIABILITY

 

9.1 QDSS is not liable for consequential damages, including profit loss, or delictual claims.

9.2 QDSS is not liable for misuse or neglect of goods/services.

 

10. PAYMENTS

 

10.1 Tax Invoices are due (a) on order or (b) within 30 days month-end if Customer has approved credit.

10.2 Payment must be made at the Business Address or via EFT to QDSS’s bank account.

10.3 Risk of cheque loss is on the Customer.

10.4 No payment may be withheld unless agreed in writing by QDSS.

10.5 No set-off is allowed.

10.6 Discounts are forfeited if payment is late.

10.7 All goods remain QDSS’s property until fully paid.

 

 

 

11. CERTIFICATE

 

11.1 Amounts due may be certified by a QDSS manager or independent auditor. Such certification is prima facie proof of indebtedness.

11.2 Computer printouts are admissible as evidence.

 

12. BREACH AND TERMINATION

 

12.1 Interest will be charged at the maximum legal rate or double the repo rate on overdue accounts.

12.2 If the Customer fails to pay:

(i) QDSS may take legal action at the Customer’s expense; or

(ii) Cancel the Agreement and repossess goods.

12.3 Credit approval is revoked on non-payment.

12.4 QDSS may withdraw credit at any time.

12.5 On cancellation, Customer must pay value difference and recovery costs.

12.6 QDSS may repossess unpaid goods.

12.7 QDSS may cancel orders due to force majeure or uncontrollable events.

12.8 Orders may be cancelled if the Customer breaches the Agreement or faces insolvency.

12.9 QDSS is released from damages or penalties if 12.7 or 12.8 occurs.

13. COSTS, SECURITY AND ESTOPPEL

13.1 The Customer will pay all legal and collection costs on attorney-and-own-client scale.

13.2 QDSS is not required to furnish court security.

13.3 No indulgence will alter QDSS’s rights, nor constitute waiver.

 

14. APPLICABLE LAW

 

14.1 South African law applies. QDSS may litigate in any South African court of its choice.

14.2 If the National Credit Act applies, clauses 4.1, 14.1 and 18.1 do not apply.

 

15. DOCUMENTS PRESENTED

 

15.1 Documents are deemed received:

(i) 5 days after registered mail,

(ii) 24 hours after fax,

(iii) on hand delivery,

(iv) 48 hours via overnight courier,

(v) 7 days by surface mail,

(vi) 24 hours after email to a provided address.

 

16. DOMICILIUM CITANDI ET EXECUTANDI

 

16.1 The Customer chooses its business address or any director/partner/member’s physical address as domicilium.

16.2 Changes of address or business ownership must be reported to QDSS within 7 or 14 days respectively.

 

17. PERSONAL INFORMATION OF CUSTOMER

 

17.1 The Customer consents to QDSS storing and sharing credit-related personal data with banks or credit bureaus.

17.2 QDSS may share trade reference data in good faith.

 

18. CREDIT FACILITY

 

18.1 Credit facility is variable. QDSS may change credit limits at its discretion.

18.2 The Customer agrees to these Standard Terms.