Terms & Conditions
1. The customer agrees that the conditions contained herein shall form the sole basis of the contract between the customer and InterAcc Online.
2. The granting, continuation and termination of any credit facilities shall be at the sole discretion of InterAcc Online.
3. In all instances where credit facilities have not been granted, all goods and services shall remain payable immediately upon rendering such services or delivering such goods and such payment shall be considered to be overdue and actionable if not settled within 7 days.
4. Interest on overdue accounts shall be charged at the maximum permissible rate in terms of the Usury Act. Act No. 73 of 1968, as amended.
5. Delivery shall be deemed to have taken place…
a. against signature of InterAcc Online’s delivery note
b. against proof of acceptance by the South African Post Office if the goods are mailed to the Client
c. against proof of acceptance by the South African Transport Services or any transport contractor if the goods are railed or couriered to the Client.
6. In such instance as referred to in par. 5, the postal authorities and/or transporter shall be deemed for all purposes to be the agent of the Client.
7. Risk in the goods shall pass to the Client on delivery, but ownership of the goods shall remain vested in InterAcc Online until the purchase price is paid in full. InterAcc Online reserves the right to inform the end user and/or the owner of the premises at which any goods are situated, of InterAcc Online’s claim to ownership.
8. Any date indicated by InterAcc Online for the delivery of goods shall be regarded as an estimated date for delivery and does not constitute any contractual obligation. InterAcc Online shall not be liable for any loss or damage of any nature whatsoever incurred or suffered by the Client as a result of or in connection with any late, incorrect, partial or non-delivery. InterAcc Online shall make every endeavour to deliver or perform timeously, but the Client shall not be entitled to cancel or repudiate this agreement, or claim damages for consequential loss or otherwise refuse to accept delivery, or any part of a delivery on the grounds of delay in delivery of the order or any part thereof for any cause whatsoever. InterAcc Online shall be entitled at its sole discretion to split delivery and invoice such delivery separately.
9. InterAcc Online reserves the right to suspend deliveries, to cancel any undelivered portion of any order or to impose other measures deemed necessary to secure the terms of payment based on InterAcc Online’s terms of service.
10. InterAcc Online undertakes to institute all necessary precautions to avoid or reduce delay, but will not be held responsible for loss resulting from delays in delivery occasioned by strikes, lockout, delays by carriers and transporters, by reason of force majeure or other causes reasonably beyond InterAcc Online’s control and no order may be cancelled by the Client for such reasons.
11. Under no circumstance will goods be accepted for return if the containers have been opened or used or if labels or seals are broken. Claims in respect of incorrect deliveries or defective and/or damaged goods will only be considered if made in writing within 7 (seven) days of delivery of the goods. After this time the Client will be deemed to have received and accepted the goods in good order and in full compliance with any orders placed. Payment shall not be set off or withheld on account of any such claim unless it has been accepted and agreed to in writing by InterAcc Online.
12. No representations or warranties shall be binding upon InterAcc Online unless in writing. Any other condition or warranty as to quality, freedom from latent defect of the goods sold and/or fitness for any particular purpose, whether arising under a statute or otherwise is hereby excluded. InterAcc Online shall not be under any liability, whether contractual or delictual in respect of defects in goods delivered, for any injury, damage, loss resulting from such defects or from any work done in connection therewith.
13. Under no circumstances will InterAcc Online be liable for consequential damage.
14. No relaxation or indulgence, which InterAcc Online may grant to the Client, shall constitute a waiver of its right to enforce strict compliance with these conditions.
15. Should the Client commit any breach of his obligations in terms hereof InterAcc Online may, without prejudice to any other remedy it may have, be entitled forthwith to cancel this contract, reclaim possession of the goods supplied and not paid for and / or recover all monies outstanding and claim damages and/or terminate the unfulfilled portion on any contact until due payment is made.
16. In any dispute arising out of these conditions or between InterAcc Online and the Client, InterAcc Online shall be entitled to institute proceedings in any Magistrate’s Court which otherwise has jurisdiction notwithstanding that any amounts in issue may exceed the limits of such jurisdiction. The Client hereby consents to the jurisdiction of the Magistrate’s Court.
17. The Client hereby appoints the address appearing overleaf as its domicilium citandi et executandi for all legal purposes.
18. The Client shall pay any cost incurred by InterAcc Online as a result of any breach by the Client of these conditions or any failure by them to pay any amount on due date according to the scale as between attorney and Client, whether or not action is instituted. Such costs shall include any collection commission which InterAcc Online is required to pay to its attorneys, as well as any VAT or other levies incurred as a result of any actions taken by InterAcc Online.
19. No person, other than the directors or a duly appointed & authorised manager of InterAcc Online, has any authority to contract on behalf of InterAcc Online to any terms and conditions other than those contained herein. No terms and conditions contained in any other document issued by InterAcc Online shall be valid and no variation of these conditions shall be binding upon InterAcc Online unless reduced to writing and signed by a director or manager of InterAcc Online.