Terms and Conditions

Terms and Conditions

  1. The customer agrees that

a)This Contract represents the entire agreement between the customer and J&D FASTENERS cc (hereinafter called J&D FASTENERS) and

that no alterations or additions to this Contract may be effected unless agreed to by both parties, reduced to writing and signed by the

customer and a duly authorized representative of J&D FASTENERS.

b)That this agreement will govern all future contractual relationships between parties, and

c)Is applicable to all existing debts between  the parties .

  1. The customer hereby acknowledges that he/she has read and understood each term of this agreement and accepsts them as binding.
  2. The customer warrants that the signatory on the reverse side has been duly authorized to contract  ons its behalf.
  3. The signatory herby binds himself/herself in his/her personal capacity as co-debtor in solidium for the full amount to J&D FASTENERS and

agrees that these Standard Conditions will apply mutated mutandis to him/her.

5.1 The customer acknowledges that no representations were made by J&D FASTENERS in regard to the goods or services or any qualities

leading up to this Contract

5.2 The customer agrees that neither J&D FASTENERS nor any of its employees will be liable for any negligent or innocent misrepresentations

made to the customer.

6.1 All quotes will remain valid for a period of 30 days from the date of the quote. The validity of any price quoted is subject to any increase in

the cost price of J&D FASTENERS before dispatch of goods.

6.2 The customer hereby confirms that the goods and services on  the invoices issued duly represents the goods and services ordered by the

customers at the prices agreed to by the customers and where performance/delivery has already taken place that the services and goods were

inspected and conform to the quality and quantity ordered.It is the sole responsibility of  the client to determine that the goods or services

ordered by him are suitable for the purpose he intends using them.

6.3 Any invoice (copy or original) signed by the customer and held by J & D FASTENERS shall be conclusive proof that delivery was made to

the customer.

6.4 All orders whether oral or in writing will be binding and subject to these Standard Conditions  of Agreement and may not be cancelled.

6.5 J & D FASTENERS shall be entitled in its sole discretion to split the delivery of the goods ordered in  the quantities and on the dates it

decides.

6.7 The risk of damage to or destruction of goods passes to the customer on conclusion of the agreement of sale.

6.8 In case of special orders undertaken by J & D FASTENERS,delivery times given are merely estimates and are not binding on

J & D FASTENERS.

6.9 All goods taken on an approval basis by the customer is deemed sold if not returned within 7 days of issue.

6.10  If J & D FASTENERS agrees to engage a third party on the customers’s behalf and on the terms deemed fit by J & D FASTENERS.

6.11 The customer agrees to indemnify J & D FASTENERS against any claims that may arise from such agreement against J & D FASTENERS.

7.1 In the event of goods that are defective,the rights of the customer are limited to the factory quarantee of the goods supplied.To be valid

quarantee claims must be supported by the original tax invoice and the undamaged packaging of  the goods.All quarantees are immediately

null and void should any medium be tampered with.Under no circumstances will J&D FASTENERS be liable for damage arising from

misuse or abuse of the goods.

7.2 Liability under Clause 7.1 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole

discretion of J & D FASTENERS.It is the duty of the customer to return any defective goods to the premises of J & D FASTENERS at

his/her own cost.

7.3 Any item delivered to J & D FASTENERS will form the object of a pledge in favour of J & D FASTENERS for present and past debts.

  1. Under no circumstances will J & D FASTENERS will be liable for consequential damages.
  2. No claim under this Contract will arise unless the customer has given J & D FASTENERS 30days written notice by prepaid registered post to

rectify any defect or breach of Contract.

  1. The customer agrees to pay the amount on the invoice at the office of J & D FASTENERS:
  2. a) Cash on order,or
  3. b) If the customer is an approved customer within 30days after an invoice is issued by J & D FASTENERS.

11.1 The customer has no right to withhold payment for any reason whatsoever.

11.2 The customer is not entitled to set off any amount due to the customer by J & D FASTENERS this debt.

  1. The customer agrees that if an account is not settled in full
  2. a) against order or,
  3. b) within the period agreed to according to Clause 10 above in  the case of approved customers, J & D FASTENERS is:
  4. i) entitled to immediately  institute action against the customer at the expense of  the customer, or
  5. ii)  to cancel the agreement and take possession of any goods delivered to the customer and claim damages.
  6. The customer agrees that the amount due and payable to J & D FASTENERS shall be determined and proven by the certificate issused

by J & D FASTENERS and signed on its behalf by any duly authorized person,which authority need not be proven.Such certificates

shall be binding and shall be prima facie proof of the indebtedness of the customer .

  1. The customer agrees that interest shall be payable on any monies due to J & D FASTENERS at the maximum legal interest rate prescribed

in terms of the usary act, from the date they fall due.In the case of late payment will be calculated from the date of order.

15.1 In the event of cancellation,the customer shall be liable to pay:

  1. a) the difference between the selling price and the value of the goods at the time of repossession, and

b)all other costs incurred in  the repossession of the goods. The value pf repossessed goods will be deemed to be value placed on  them by any

sworn valuator after such repossession and such valuation will be conclusive proof of  the value.

15.2 The customer indemnifies J & D FASTENERS completely against any damage whatsoever relating to the removal of repossessed goods.

  1. All goods supplied by J & D FASTENERS  remains the property of J & D FASTENERS until such goods have been fully paid for. The

customer is not entitled to sell or dispose of any goods unpaid for without prior consent of J & D FASTENERS.

17.1 The customer shall be liable to J & D FASTENERS for legal expenses (including collection fees) on the attorney- and-client scale of an

attorney and council incurred by J & D FASTENERS in the event of:

a)any litigation in the regard to the validity and enforceability of this agreement.The customer will also be liable for any collection or

valuation fees incurred.

17.2 The customer agrees that J & D FASTENERS will not be required to furnish security in terms of rules 62 of the court of the magistrate’s

court.

  1. the customer agrees that J & D FASTENERS will affect the terms of this agreement or any of the rights of J & D FASTENERS and such

indulgence shall not constitute a waiver by J & D FASTENERS in respect of any of its rights herein.Under no circumstances will

J & D FASTENERS be stopped from exercising any of its rights in terms of this Contract.

  1. J & D FASTENERS shall have the right to institute any action in either the magistrate’s court of the Supreme Court at its sole discretion

20.1Any document will be deemed duly presented to the customer with in:

  1. i) 3 days of prepaid registered mail to any customer’s business or postal addressed or to the personal address or any director,member or

owner of the customer; or

ii)within 24 hours of being faxed to any of the customers fax numbers or any director, member or owners fax numbers; or

iii)on being delivered by hand to the customer or any director,member or owner of the customer.

20.2 The customer chooses domicillium citandi et executandi at the business address or physical address of any member (in the case

of close corporation)

  1. The customer agrees to the standard rates of J & D FASTENERS for any goods or services rendered,which  rates may be obtained on

request.

  1. The invalidity of any part of this Contract will not affect the validity of any other part.
  2. Any order is subject to cancellation by J & D FASTENERS  due to force majeure from any clause beyond the control of

J & D FASTENERS,including (without restricting this clause to these instances):inability to secure products,labour,power,

materials or supplies, or by reason of an act of God,war,civil disturbance,riot,state of emergency.

Legal Disclaimer.

The information in e-mail is confidential and is legally priveleged. It is intended solely for the addressee. Access to e-mail by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted in reliance on it is prohibited and may be unlawful.

Whilst all reasonable steps are taken to ensure the accuracy and integrity of information and data transmitted electronically and to preserve the confidentially therof, no liability or responsibilty whatsoever ia accepted if information or data is, for whatever reason, corrupted or does not reach its intended destination.

 

J & D Fasteners CC

Terms and Conditions of Sale

J & D Fasteners CC only stocks quality branded goods and we are confident that you will be satisfied with every purchase that you make. If you experience any problems please refer to the options below. We are committed to operate our business in terms of the Consumer Protection Act.

14 days exchange or refund policy

We will refund or exchange most goods if you return them within 14 days of purchase. The goods must still be in their original condition and packaging and you may not have used them at all. The original invoice must be submitted.

Are any goods excluded from the 14 day exchange or refund policy

Any goods that are specially ordered for you and that are not stock items.Any goods that we sold to you that are defective, used or repaired or damaged where we disclosed these facts to you before you bought these goods.

What if the goods are unsuitable for the purpose I initially bought them for

If you indicated a particular purpose for which you intended using the goods to a salesperson who confirmed that you will be able to use the goods for that purpose, you may return the goods within 10 working days after you purchased them if it turns out that the goods are not suitable for the purpose you anticipated and indicated to the salesperson. Subject to our rights in law to charge you for use and to get the goods fit for restocking, we will give you a refund.

What can I do if the goods are defective

If the goods turn out to be defective within the warranty period after you received them from us, we will repair them, replace them or give you a refund. Please note it may not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. This is of importance as it determines whether the goods may be repaired replaced or refunded. Accordingly, we reserve the right to refer returned goods for technical assessment by the manufacturer or authorized service centre prior to repairing, replacing or refunding and to provide with feedback within 10 days of receipt of the returned goods and to act accordingly. The manufacturer or agents will decide whether you have a valid claim, subject to their terms and conditions.

If the goods become defective once the warranty has expired we can arrange to have the goods repaired. No repairs will be carried out without you approving a quote first.

In what instances will the manufacturer’s warranty not apply.

Damage caused by lightning or power surges.

Damage caused by misuse or abuse to the goods.

Goods used for a purpose other than the purpose for which they were manufactured.

Goods used contrary to their instruction manuals.

Accidental damage.

How will I be refunded

Once we have accepted a return and approved a refund, you will receive the refund in one of the following ways.

Credit note

Electronic transfer directly into your account

Credit card (by reversal back to your credit card and subject to banking delays)

Thank you for trading with us. We guarantee you peace of mind.