SafetyQuip as Franchisees of SafetyQuip Investment Pvt Ltd
If any part of these trading terms and conditions is rendered invalid by any law or is held to be invalid or unenforceable, then that part shall be excluded but, to the extent the remainder is capable of being performed and enforceable, neither the invalidity or unenforceability nor the exclusion shall affect the validity or enforceability of the remaining parts of this document.
1. Definitions – Under these Trading Terms & Conditions:
Customer means the Customer to whom SafetyQuip has agreed to supply goods or services;
Goods or Services means the goods or services which SafetyQuip has agreed to supply to and invoice the Customer;
SafetyQuip means SafetyQuip as a Franchisee acting as a nominated and selected supplier of goods or services at the time of order placement; and, Purchase Order means a Customer Order that has met the requirements of this Trading Terms and Conditions document.
An account application including these terms of trading given by SafetyQuip to the Customer constitutes an offer by SafetyQuip to supply goods or services to the Customer from SafetyQuip on these conditions to the exclusion of all other conditions. A contract is made when SafetyQuip accepts and approves in writing an account application with these included terms and accepts an order to supply goods or services ordered. These terms and conditions will form part of this contract until circumstances alter in relation to these terms. The trading law applicable in the City where the order is placed governs this contract and each party submits to the jurisdiction of the courts in that City.
These conditions replace all previous conditions imposed by SafetyQuip and apply to the exclusion of any conditions of purchase used by the Customer even if they form part of the Customer’s order. No variation of these conditions binds either party unless confirmed in writing by SafetyQuip.
Unless SafetyQuip states prices set out in a SafetyQuip quotation are valid for a period of 14 days unless otherwise stated on a specific quotation. After the 14 days expiry, prices are subject to change without notice and will be reflected at the date of invoice provided there is no unreasonable delay in the execution of supply by SafetyQuip. Quoted pricing will be deemed accepted by the Customer upon SafetyQuip receipt of a Customer order in relation to a specific quotation.
SafetyQuip will only be required to fulfil the Customer instructions confirmed at the time of quotation and shall not be responsible for errors or omissions due to misinterpretation of verbal instructions given during preparation of any quotation. Customer instructions recorded at the time of quotation preparation will be the only written instructions relevant in the supply process unless an amendment is negotiated between SafetyQuip and the Customer.
All prices are subject to variation without notice except where a specific 14-day quotation or fixed price contract exists. All invoices are stated in USD dollars and must be settled in USD dollars. Unless expressly stated otherwise, prices quoted for goods or services will include a GST calculation. Other duties, taxes, freight or credit card surcharges will be itemised and specified at the time of invoice and are payable by the Customer. All goods or services are charged at ruling prices at the time of placement of a Customer order.
All invoices for account customers are strictly 30 days. That is, payment due and payable on the last day of the month following the invoice. Any disputes regarding invoicing errors must be communicated to SafetyQuip for resolution and rectification within the 30 day period. Where the 30 day payment period has been exceeded it is at the discretion of SafetyQuip as to whether orders will be held from dispatch until an account has been brought up to date.
If the Customer defaults in payment, then all monies due to SafetyQuip will become immediately due. SafetyQuip reserves the right to charge the overdue Customer an interest rate on any overdue amount at a rate 2% per month above the Reserve Bank Corporation reference-lending rate. Interest will be calculated daily from the due date until the invoice is paid in full. In default, the Customer must pay all costs and expenses (including legal and mercantile agents’ fees) which SafetyQuip may incur in attempting to recover overdue amounts. In case of default, SafetyQuip reserves the right to terminate any Customer credit agreement upon notification to the Customer in writing.
Deliveries will be subject to freight charges unless otherwise previously agreed to in writing. Delivery of backordered products, where part of a previously supplied order, will be at SafetyQuip expense. Freight costs accepted by the Customer will be stated on a quotation or an invoice as it applies. SafetyQuip reserves the right to select the method of transport for all goods agreed to for return to SafetyQuip. All products delivered to the Customer’s store location are acknowledged as unloaded and stored at the Customer’s cost and risk.
If the Customer requests special freight circumstances i.e. airfreight or express overnight, this request must be in writing and in receipt by SafetyQuip in reasonable time for the special freight conditions to be met. All special freight requests will be at the Customer’s expense unless otherwise agreed to in writing by SafetyQuip. SafetyQuip will not be liable for any loss, damage or delay suffered by the Customer because of late or non-delivery of goods or services if SafetyQuip makes all reasonable efforts to meet deadlines specified by the Customer.
A restocking and handling fee for returns of up to 20% of the value of the approved returned goods may be charged and is at the discretion of SafetyQuip to apply. The restocking fee will be applied to goods deemed incorrectly ordered by the Customer. Custom-made, special-make, embroidered garments and products manufactured to a Customer drawing will be excluded from this return policy. Returns for these types of products are to be negotiated as the need arises and it is at the discretion of SafetyQuip to apply a restocking fee or accept a return.
Footwear and clothing that has been worn and deemed unsuitable for resale by SafetyQuip (for hygiene reasons) will not be accepted for return. All returns are to be authorised in writing by SafetyQuip in advance and a copy of the relevant invoice must accompany the returned goods with freight applicable under conditions specified in item 7.
Any claim for shortage of supply or damage to goods must be notified in writing to SafetyQuip within 24 hours.
10 Title and Risk
Risk in goods or services passes to the Customer on the collection, delivery or supply of the goods or services to a carrier, or the Customer’s agent for delivery to the Customer. The Customer shall inspect all goods on arrival from SafetyQuip and shall, within 24 hours (as per item 9), give notice to SafetyQuip in writing that the goods or services are not in accordance with the SafetyQuip terms. Failure to comply with this requirement will deem SafetyQuip to have met its supply obligations.
Title to the goods does not pass until the Customer makes payment in full and the funds have been cleared. Until title to the goods passes, the Customer possesses the goods as fiduciary bailee and agent for SafetyQuip.That is, unless otherwise agreed in writing the Customer agrees to store the goods in good order, in a manner which clearly identifies them as the property of SafetyQuip until fully paid for with the payment cleared into the SafetyQuip account.
If the Customer fails to comply with the conditions of title or SafetyQuip considers the Customer unable to comply with conditions of title then SafetyQuip shall have the right to immediate possession of the goods and the Customer shall provide reasonable access to the goods for repossession and hereby irrevocably authorises SafetyQuip to enter any premises where the goods are kept to recover possession of the goods. The repossessed goods must be in a re-saleable condition in order for all of the needs of SafetyQuip to be met.
6 Warranties and Refund Policy
Save and except as required by law, no warranty is given where SafetyQuip is not the manufacturer of products other than the warranty offered by the manufacturer and that the goods and services are fit for their usual purpose. Products are sold subject to each and every manufacturer’s trading terms and conditions and are protected by a manufacturer’s specified warranty and that the goods and services are fit for their usual purpose. SafetyQuip acknowledges a manufacturer’s warranty under the Competition and the Consumer Act 2010, provided that the manufacturer’s liability for a breach of a condition or warranty implied by part 3 – 2 div 1 and part 5 – 4 of the Zimbabwe Consumer Law does not extend beyond and is limited to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
The Customer must retain the original purchase invoice for all refund negotiations. Under The Act and the policies of SafetyQuip, the Customer may request a refund if goods:
(a) become faulty through no fault of the Customer;
(b) are not fit for a stated purpose or a purpose made known to the staff of SafetyQuip;
(c) don’t match the product description or sample provided at the time of purchase or quote;
(d) has defects that were not obvious or were not pointed out at time of purchase or delivery.
The goods must be returned within the arrangements detailed in these terms. The Customer will be asked for proof of purchase. The Customer may be asked to demonstrate the problem or fault prior to return agreement being validated and also prove that the problem was not caused by the Customer.
If an alternative to a refund (a refund is not offered due specifically to a change of mind) is preferred then the following provisions are made by SafetyQuip:
(a) SafetyQuip will arrange for the goods to be repaired under the conditions specified by the relevant manufacturer.