Terms and Conditions
Standard Terms and Conditions of Sale
- All goods which you buy from Wozza Meat Co. are sold to you in accordance with these Standard Terms and Conditions of Sale (STCs). By ordering goods from us, you are deemed to have accepted, and agreed to be bound by, these STCs.
- ORDERS: All orders must be placed either telephonically, via WhatsApp or email, by no later that 10am the day before delivery.
- PRICES: Unless we agree otherwise with you in writing, the price of the goods which you order will be the price of those goods on our price list at the time when we receive your order (excluding any delivery charges, if applicable). The list price of the goods may exclude VAT, which you must pay to us at the applicable rate.
- We will send you weekly statements for the amounts which you owe to us.
- PAYMENT: All purchases made within the week (Mon – Fri) must be paid in full no later than the Wednesday of the next week, with a purchase being deemed to have been made on the day of delivery. We do not accept any risk relating to payments. It is your responsibility to ensure that we receive your payment. Your liability to us will only be discharged when we receive the full amount due in our bank account. All payments are to be made in full without any deduction of set off. If any amount due to Wozza Meat Co. is not paid timeously then then any amount owed by the Applicant will immediately become due and payable.
- INTEREST: You will be responsible for interest at 2% per month on all overdue amounts, calculated from the due date for payment until the date on which we receive your payment in full.
- RISK: All risk in, and to, the goods will pass to you on delivery of any goods delivered to you . We retain ownership of all the goods which we supply to you until we receive full payment for those goods, including any delivery or other applicable charges.
- A delivery note/ invoice which is signed by you, or on your behalf, is proof that the goods have been delivered to you and accepted by you to be in good order and condition.
- SHORTAGES: Subject to clause 13, you will not have any claim against us for a shortage in the quantity of goods you have received unless you notify us in writing of the shortage within 1 day after the date when the goods were delivered to you.
- DAMAGE AND DEFECTS: Subject to clause 13, you will not have any claim against us for any damage to, or defect in, any goods delivered to you unless you notify us in writing of the damage or defect within 1 day after the date when the goods were delivered to you. We are also not liable for any defects of any nature in any goods which you have adapted, changed, used or consumed in any way, or which are sold to you as substandard, rejects or seconds. You may not withhold payment in respect of any goods which you claim are defective.
- If in our opinion, there is a shortage in the quantity of the goods which have been delivered to you, or the goods delivered are damaged or defective, we may at our election; either replace such goods or refund you the purchase price which you paid for such goods.
- BREACH: We may suspend delivery to you, cancel any order and/ or claim payment of all amounts which you owe to us, if:
- you fail to pay any amount due to us timeously;
- you take steps to place yourself, or are placed, in business rescue proceedings as contemplated in section 129 of the Companies Act, 2008;
- you take steps to place yourself, or are placed, in sequestration or liquidation, whether voluntary or compulsory and whether provisionally or finally;
- you commit any act of insolvency listed in section 8 of the Insolvency Act, 24 of 1936, or what would be an act of insolvency if committed by a natural person; or
- any material information which you give to us in this document is incorrect, or you fail to disclose all of the required information.
- GENERAL: These STCs constitute the whole agreement between the parties containing all of the terms and conditions agreed on by the parties with regard to the subject matter hereof and they take precedence over any terms or conditions contained in any of the Applicant’s documents.
- No variation, addition to, deletion from or cancelling of these STCs (including this clause) and no waiver of any right under these STCs is effective unless in writing and signed by or on behalf of both parties.
- The Applicant choses as its domicilium citandi et executandi for all purposes under this agreement at its physical address reflected on the first page of this Buying Form.
- LEGAL COSTS: If you breach these STCs, whether or not we institute legal action against you, you undertake to pay, on demand, all legal and administrative costs which we incur in attempting to recover any late payment from you, on an attorney and own client scale.
- JURISDICTION: You consent to the jurisdiction of the Magistrate’s Court in respect of any legal proceedings arising out of these STCs or the sale and delivery of any goods to you.