The conditions set forth herein shall apply to all transactions for the supply of goods and/or services entered into, or to be entered into, between Backyard Brew Coffee Company, hereinafter referred to as "the Company" and the purchaser being any legal person, firm, partnership, close corporation or company, hereinafter referred to as "the Buyer":
After acceptances, may not be cancelled, in whole, or in part, or varied in any manner whatsoever, unless confirmed in writing by the Company.
Quoted prices are net and exclusive of VAT, unless otherwise stated.
3.1 Shall be in South African Currency, without deduction or set-off.
3.2 Shall be in full, in the form of cash or Electronic Fund Transfer (EFT) before the Company will begin to process the order.
3.3 Shall be the correct amount, especially in the case of cash, as the Company does not have cash on site for change.
4.1 Unless pre arranged, the Buyer will arrange to pickup their product from the Company. In order to preserve freshness, time shall be of the essence.
4.2 Any time or date specified for pickup by the Company or the Buyer, in respect of any sale, shall be punctual.
4.3 If the Company is unable to effect delivery of any part of the goods on the date or time stipulated by it or the Buyer, the Buyer shall be obliged to take delivery as and when the Company can reasonably effect such delivery.
4.4 The Company endeavours to effect delivery on any date specified by it or agreed upon by it, but does not give any warranties of whatsoever nature or kind and it shall not be held responsible for any damages of whatsoever nature, or loss of profit, or any consequential or indirect damages which the Buyer may suffer as a result of such later delivery.
4.5 Where the Buyer requests the Company to postpone pickup and / or delivery, The Company will not be held liable for deterioration of freshness. I.E "can you roast a fresh batch as we were unable to arrange pickup until now"
4.6 The risk in and to the goods purchased shall pass to the Buyer upon pickup and /or delivery. This will be deemed to have been effected upon the goods for acceptance by the Buyer at any time, at the Company's place of business, at the Buyers home or such other place nominated and agreed upon by the Buyer and the Company.
4.7 The Company is not liable for any damage or injury resulting on / to your person, property or possessions resulting from cash payments, pickup and / or delivery.
5.1 Is roast to order. The Company does not keep stock, hence a last minute add on to an order will not be possible.
5.2 Although every care has been taken to avoid contamination, the product is being processed in a facility where other foodstuffs are present. The Buyer takes risks regarding allergies and conscientious food obejetions upon themselves.
5.3 Shall be checked upon Pickup and / or Delivery by the Buyer. No returns or refunds.
5.4 The Company shall not be held liable for any damage resulting from packaging or product causing any harm or injury.
5.5 The Company is not obliged to accept returned goods where the Buyer has made an error in its order, and the Buyer remains fully liable for the full price of the goods so ordered.
6.1 The Company does not give any warranty against defects in the goods supplied, be they patent or latent. The Company does not give any warranties or guarantees of any other nature or make any representations whatsoever in respect of the goods, or of its fitness for any particular purpose, whether or not that particular purpose is, or could be, deemed to be known to the Company. The Company shall be deemed to be unaware of the particular purpose for which the goods or any product made there from is required.
6.2 Before dealing in any manner with the goods supplied against any order; the Buyer must satisfy itself that the goods are suitable for the purpose for which they are to be used, and are free from any defects of whatsoever nature, against any claim brought against the Company by any Third Party arising out of the unsuitability of the goods for any particular purpose whatsoever.
6.3 The Company shall not be liable under any circumstances whatsoever, for any loss of profit or other special damages, out of any of its obligations under this contract, or any act of negligence and or omission on the part of the Company and/or its employees or for any other reason, whether of the same kind, with the aforegoing, or otherwise howsoever.
6.4 No agreement, warranty, condition, representation, promise, statement or undertaking, whether made before or after a sale, shall be binding on the Company unless contained herein or confirmed officially in writing under the Company's signature.
7.1 No variation, amendment or alteration of these Conditions of Sale shall be of any force or effect unless reduced to writing and signed by a duly authorised representative of the Company and the Buyer.
7.2 Wherever, in these Conditions, provision is made for the amendment or variation thereof between the Buyer and the Company, in writing, the onus shall be on the Buyer to establish that the representative of the Company, in entering into such variation or amendment to the terms hereof, was authorised to do so.
7.3 The Buyer agrees that its signature of its employees or any person purporting to represent it on the official delivery note or waybill of the Company, be sufficient proof of delivery of the goods from time to time.
If the agreement becomes wholly or partially impossible to perform due to causes beyond the control of the Company, such causes to include, but not be limited to; war, civil insurrection, vis maior, Government action and industrial disputes, the Company shall be permitted to rescind the agreement at its discretion. If deliveries of goods or services shall be delayed as a result of such causes, the Company shall not be construed as being in breach of the agreement..