The following conditions are applicable to all transactions done with VKB Agriculture (Pty) Ltd and any other entity within the VKB Group.
Where there is any reference hereinafter to “VKB”, it refers to all entities within the VKB Group.
The sale agreements concluded between VKB LANDBOU (EDMS) BPK (“VKB”) and the PURCHASER are subject to the following terms:
1. VKB sells to the PURCHASER the goods as described on the reverse side or otherwise and at the price as indicated or otherwise agreed.
2. Delivery of the goods shall be effected at the place of sale.
3. Unless otherwise agreed in writing, the purchase price shall be payable on delivery.
4. The PURCHASER undertakes to inspect the goods immediately upon delivery thereof and to inform VKB in writing within 14 days after delivery of any shortages, defect or incorrect calculations in respect of the goods purchased, failing which the goods will be deemed to be delivered free of any shortages, defects or incorrect calculations
5. Should VKB grant credit to the PURCHASER, VKB’s Standard Conditions applicable to the Granting of Credit, shall be applicable and incorporated herein.
6. In the event where VKB acts as intermediary or commercial agent or only finance the goods, VKB accepts no liability of whatsoever nature in respect of the correctness, quality, efficiency or any shortcomings in respect of any quotation, invoice or product delivered, and the PURCHASER hereby indemnifies VKB against any liability of whatever nature arising from such transaction. The PURCHASER acknowledges and confirms that in such instances VKB only effects payment in terms of invoices issued in favour of the supplier and debits the PURCHASER’S account accordingly. Should any dispute arise from such a transaction, the PURCHASER and supplier shall resolve such dispute amongst themselves, and the PURCHASER further confirms that notwithstanding the outcome of such dispute, all amounts due to VKB will be payable when due.
7.Goods and/or services which have been provided on credit to the PURCHASER, as well as any other credits due to the PURCHASER in connection therewith, will be set out in a statement which will be sent to the PURCHASER via post, which statement will be deemed to have been received within 10 days after posting. Should the PURHASER not object in writing to any debits or credits appearing on the statement within three months after it was posted, it will be deemed that the contents thereof is correct, and the statement will serve as prima facie evidence in any litigation that the services/goods has been received by the PURCHASER.
8. The Consumer Protection Act 2008 (“the Act”) does not apply to all PURCHASERS (for example companies, close corporations, partnerships and trusts with assets or annual turnover exceeding R2 million) or to all goods.
9. Should the Act not apply to the PURCHASER and/or the goods, the following conditions apply:
9.1 The PURCHASER acknowledges that no representations were made by VKB that convinced the PURCHASER to purchase the goods.
9.2 The goods are sold in their present condition and VKB accepts no liability for defects and/or unsuitability that may subsequently appear and VKB furnishes no guarantee in this regard.
9.3 The PURCHASER acknowledges that the goods had been inspected and are suitable and in acceptable condition.
9.4 VKB shall not be liable for any damages that may result from the purchase or use of the goods.
9.5 VKB is in any event not liable for any special damages.
10. Should the PURCHASER and the goods fall within the ambit of the Act, the following conditions apply:
10.1 VKB confirms that they are willing to explain all hazards arising from or associated with the use of the goods. The PURCHASER shall approach any senior employee of VKB in this regard. Should the PURCHASER not request any further information in this manner, VKB accepts that the PURCHASER is aware of all such hazards.
10.2 The goods are otherwise sold in their present condition, which the PURCHASER accepts. The PURCHASER is entitled to sufficient time to inspect the goods and read these terms. VKB offers to explain the terms, should it be required.