Definitions

The person, firm or company buying is hereafter termed "the Buyer" and Yourtrade 118cc trading as

Crystal Enterprises, hereinafter is called "the Seller."

Payment

Each delivery is considered as a separate contract and the price thereof is payable accordingly.

Seller Liability

No guarantee is given as to the suitability of goods sold for any particular purposes and the Buyer must satisfy himself as the suitability of the goods for the purpose for which these goods are required prior to despatch from the Sellers premises.

The Sellers liability for any goods, which may be proved to be defective, shall be limited to replacing the defective goods or at the Sellers options passing a credit note for the amount equivalent to the purchase price of the goods. In no circumstance will the Seller be responsible for any consequential damage of any nature, which may arise out of the goods being defective in any way whatsoever.

Claims

Claims in respect of faulty goods/short delivery shall not be grounds for withholding payment for accounts and shall not give the Buyer any right to set off the claim amount against payments due to the Seller.

All claims must be lodged within seven days of date of receipt quoting the relevant invoice number on which the goods were supplied.

Return of goods for credit

The Seller reserves the right to refuse or to accept goods returned for credit.

The Seller reserves the right to refuse to recognise any complaint from the Buyer in respect of shortages especially where the invoice has not been endorsed with the amount claimed as having been short delivered.

A special picking fee of 10% of the value of the invoice will be charged on goods ordered and subsequently cancelled.

The Buyer must return damaged goods to the Seller for inspection, and if the claim is recognised, replacement goods will be given to the Buyer against receipt of the Sellers credit note.

Buyers Financial Position

Should the Buyer commit a breach of any of his obligations to the seller whatsoever in respect of any other contract with the Seller, the Seller reserves the right to hold the goods ordered by the Buyer until such time that the Buyer rectifies the breach. Not withstanding any other terms of this contract of sale:

The granting of credit by the Seller to the Buyer is in the Sellers sole discretion and the Seller reserves the right to suspend deliveries under this and / or any other agreement until all goods already delivered have been paid for.

Couriers / transport

The Buyer and/or Seller at times utilizes the services of a couriers company. The parties agree that the Seller is not responsible for any damages or shortages due to the negligence or act of omission or commission to the part of the couriers. Delivery will be deemed to have occurred and liability will pass to the Buyer when their appointed courier collects the goods at the Sellers premises in Kimberley. Should the Buyer request that the Seller transports the goods to the Buyer in effecting such transport and it shall be deemed that delivery shall have passed to the Buyer at the Sellers premises at Crystal Enterprises.

Signature of the Buyer, any agent, employee or representative of the Buyer on the invoice/quotation binds the Buyer to this contract of Sale as if the Buyer had signed the invoice personally.

Delivery

The Seller does not guarantee delivery on any specific date but will endeavour to give delivery on the dates as agreed between the parties. The Seller does not accept responsibility for claims against it for damages of whatsoever nature arising from non-delivery of goods on due time.

Delivery on woven items (Ties, socks & jerseys) might vary up to 5% more or less than ordered quantity. The Buyer will be liable for payment as per quantity of goods received. Short delivered stock will not be replaced where the Buyer must reorder with minimum quantities to apply.