Terms and Conditions

1.1 “The Company” and/or “ the Seller” means Alternative saving solutions 
1.2 “The Purchaser” and or “Buyer” means the party who has placed an order with the Company, or any person with whom the Company contracts as a result of any offer to purchase Product(s) or Service(s) from the Company, and includes the Purchaser’s representatives, successors and permitted assigns.
1.3 “Contract” or “Order” means any contract or agreement arising out of the acceptance of any offer to purchase Product(s) or Service(s) from the Company, whether such Contract arises as a result of:
1.3.1 an offer made by the Company and accepted by the Purchaser; or
1.3.2 an offer made or order placed by the Purchaser and accepted by the Company; or
1.3.3 an offer made or order placed by the Purchaser in response to a quotation from the Company.
1.4 “Goods”, “Product(s)” and/or “Service(s)” means the subject matter of the Contract, as supplied or to be supplied by the Company.
1.5 “List Price” – is the latest official price of the Product(s) as quoted in the companies price list and/or website
2. ORDERS AND ACCEPTANCE
2.1 These terms and conditions shall apply to any Contract in terms of which the Company agrees to sell Product(s) and/or Service(s) to the Purchaser, to the exclusion of any terms and conditions which the Purchaser may seek to make applicable.
2.2 The acceptance of any order is subject to the availability of the Product(s) at date of acceptance.
2.3 A Contract shall come into existence when the Company accepts an order placed by the Purchaser for delivery of Product(s) and/or Service(s) or when the Purchaser accepts any offer to sell, or requests a quotation for delivery Product(s) and/or Service(s) marketed by the Company by conveying such acceptance, whether verbal or written, to the Company.
2.4 In the event of any offer, order, acceptance of an offer or order by the Purchaser being made or given on the Purchaser’s official order form, the Purchaser shall be estopped from denying the validity thereof, notwithstanding the fact that such official order form may have been given or signed by a person not authorised thereto by the Purchaser.

3. PURCHASE PRICE
3.1 The purchase price payable by the Purchaser for the Product(s) and/or Service(s) shall be the Company’s List Price for such Product(s) and/or Service(s) at the date of despatch of the Product(s) and/or Service(s), unless otherwise agreed to in writing by the Company.
3.2 The Company reserves the right to vary its list prices from time to time without notice to the Purchaser.
3.3 In an instance where the Company’s list prices are varied in accordance with 3.3 above between the date of the Contract and the date of the delivery of the Product(s) and/or Service(s), then the Purchase price for such Product(s) and/or Service(s) will be determined according to the Company’s list price, as varied and applicable on the date of such delivery.
3.4 Any typographical, clerical, or other error or omission in any sales literature, quotation and price list, acceptance of offer, invoice, other document or any other information issued by the Seller shall be subject to correction without any liability.

4. RISK
4.1 The risk in the Goods shall pass from the Seller to the Buyer upon delivery of the Goods to the Buyer.
4.2 Notwithstanding delivery and the passing of risk in the Goods to the Buyer, the title and property in the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for all Goods delivered to the Buyer under this and all other contracts between the Seller and the Buyer for which payment of the full price of the Goods there under has not been paid.
4.3 Payment of the full price of the Goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Seller and the Buyer under which the Goods were delivered.
4.4 Until such full payment, the Buyer acknowledges that they are in possession of the goods as the Seller‘s bailee. The Buyer shall store the Goods separately from their own goods or those of any other person and in a manner which makes them readily identifiable as the Seller‘s Goods and shall endorse a memorandum on the Buyer‘s accounts referring to the Sellers title in the goods.
4.5 If payment is overdue the Seller may (without prejudice to any of their other rights) recover and/or resell the Goods and the Buyer hereby irrevocably licenses the Seller or their agents to enter upon any premises where they are stored or where they are reasonably thought to be stored for the purpose of such recovery and/or resale.
4.6 Payment shall become due immediately upon the commencement of any act or proceedings in which the Buyer‘s solvency is involved.
8.7 In the event of the Buyer purporting to sell the goods to a third party before payment has been made to the Seller any such proceeds of sale shall be received and held by the Buyer as the Seller‘s agent. The Buyer therefore acknowledges and agrees to stand in a fiduciary relationship to the Seller and must strictly account to the Seller the proceeds thereof.
4.8 In the event of deliveries being effected by a recognised carrier, then the risk in and to the Product(s) shall pass to the Purchaser upon delivery thereof by the Company to such recognised carrier/depot.
4.9 If more that one delivery is to be made in terms of a Contract, then the provisions of this clause 6 apply to each delivery.
4.10 Should the Purchaser elect to have delivery by an alternative method in terms of clause 4.1 then the risk in and to the Product(s) so delivered shall pass to the Purchaser upon despatch of such Goods from the Company’s premises.

5. PAYMENT
5.1 Payment of accounts is to be net 30 (thirty) days after the date of the Seller‘s invoice.
5.2 The full purchase price is payable, without deduction or set off of whatever nature, within 30 (thirty) days of the date of statement, unless otherwise agreed to in writing by the Company.
5.3 Should the Purchaser fail to make any payment on due date, then all amounts outstanding, from whatever cause, whether or not the date for payment thereof has arrived, will immediately become due and payable by the Purchaser to the Company.
5.4 Any amount not paid by the Purchaser to the Company on due date shall bear interest from due date to the date of final payment at the maximum rate permissible from time to time, in terms of the Usury Act Number 73 off 1968 (as amended), or any other applicable South African legislation.
5.5 In the event of action being instituted by the Company against the Purchaser for the enforcement of the Company’s rights in terms of any Contract, then the Purchaser shall be obliged to pay the Company’s cost of such action on an attorney and own client’s scale including any collection commission payable in terms of South African Law.
5.6 If the Buyer fails to make due payment of any money owed by it to the Seller on whatever account, the Seller may withhold delivery of all or any part of any Goods, Product(s) sold to the Buyer and/or performance of any Service(s) to be rendered to the Buyer until payment in full of all money then due, and during such time any goods so withheld shall be at the sole risk of the Buyer.

6. RETENTION OF OWNERSHIP AND TITLE
6.1 Ownership of Product(s) sold in terms of the Contract shall remain vested in the Company and shall not pass to the Purchaser until the purchase price is paid in full, and until such payment has been made, the aforementioned Product(s) and/or Service(s) shall not in any way be hypothecated or pledged.
6.2 Where the Product(s) are to be stored at leased premises the Purchaser hereby undertakes promptly to inform the Lessor that the Company has retained the right of ownership over all Product(s), which are the subject matter of the Contract.

7. DISCLAIMER
7.1 The Company shall under no circumstances be liable for any loss of profit or any damages whether direct or indirect, consequential or otherwise, sustained by the Purchaser arising from any cause whatsoever, including any damages arising as a result of the negligence of the Company, its servants, agents and sub- contractors save that the Company shall be liable for a period of 6 months to replace defective Product(s).
7.2 Insofar as any of the Company’s obligations in terms of the Contract are carried out by its servants, agents or sub-contractors, the provisions of paragraph 7.1 are stipulated also for their benefit.

8. WARRANTIES AND CLAIMS
8.1 All Contracts are executed by the Company without any warranty, express of implied, that the Product(s) and/or Service(s) will be suitable for use for any specific purpose, or under any specific conditions or under abnormal or unusual conditions or circumstances, notwithstanding the fact that such purpose, conditions or circumstances may be known to the Company. No representation is made nor warranty given to the Purchaser as to the performance of other qualities of the Product(s) sold.
8.2 The Company retains the right to vary or alter the specifications of the Product(s) without notice, save that such varied or altered specifications will not, without the Purchaser’s consent (which may not be unreasonably withheld) be applicable to Contracts already in existence.
8.3 The Purchaser shall have no claim of any nature whatsoever against the Company by reason of any delay by the Company in effecting delivery of Product(s) and/or Service(s) on any date or dates that may be specified in the Purchaser’s order, or within a reasonable time in those cases in which no
such date is specified.
8.4 No objection or claim in respect of Product(s) and/or Service(s) delivered will be entertained unless:
8.4.1 it is endorsed on the delivery note or waybill at the time of delivery at the Purchaser’s place of business; and
8.4.2 it is made in writing to both the Company and the carrier effecting delivery within 7 (seven) days from the date of despatch of the Product(s)s.
8.5 Should the Purchaser not have endorsed the delivery note of waybill in terms of 9.4.1 and objected in writing in terms of 9.4.2, then the Purchaser will be deemed to have received delivery of each and every item reflected on such delivery note or waybill.

9. SUSPENSION OF THE COMPANY’S OBLIGATIONS
9.1 If any amount payable by the Purchaser is not paid on due date, then without prejudice to any other right which it may have in terms hereof, the Company may immediately suspend the carrying out of its then uncompleted obligations in terms of any Contract until payment is made in full by the Purchaser.

10. RETURN OF GOODS
10.1 The Company does not accept the return of Product(s), other than Product(s) delivered in error or not corresponding with the specifications in the Contract. Such Product(s) may be returned to the Company after agreement by the Company in writing, at the Company’s expense within 15 (fifteen) days of receipt thereof by the Purchaser. Invoice/document numbers must always be quoted when a request for a credit for such Product(s) contemplated herein is made.
10.2 All goods returned will be in the same condition as when originally delivered by the Company. Failure to comply with requirement will nullify any further claims for credit against the Company
10.3 The Company may in its sole discretion and subject to such conditions or charges as it may impose, agree in writing to accept other returns. If it is determined that the returned Goods were returned without prior authorization or fault due to the Company, then a 15% (fifteen percent) handling fee will be charged.
10.4 Product(s) delivered in error or not corresponding with the specifications in the Contract will only be considered for credit to the Purchaser where such Product(s):
10.4.1 are returned undamaged to the Company within 15 (fifteen) days of receipt thereof by the Purchaser; and
10.4.2 are in their original packaging and have not been unpacked or used in part; and
10.4.3 are not defaced by price labels or other markings.