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Terms & Conditions

The terms and conditions under which Buxson Importers Pty LTD, hereafter referred to as Buxson, opens an account/purchases are set out below and should be studied carefully. By making use of the account or purchasing from Buxson, it is deemed that the Account Holder/Client/Customer has agreed to comply with and be bound to such terms and conditions.

Please read and consider this facility agreement and its annexures carefully as it shall constitute a binding agreement. You will be requested to declare that you understood the content of this entire agreement and its annexures and more specifically the fact, nature and effect of its clauses (terms).

1. Definitions
In these terms and conditions, unless the context indicates the contrary means:
1.1. Account Holder: The person/entity successfully applying for an account/ordering/purchasing with/from Buxson.
1.2. Application Form: Form to be completed by the Applicant in order to become an Account Holder.
1.3. Reg. No: 2013/027464/07 the Facility Provider.
1.4. Account: The facility to purchase certain products/goods provided by Buxson to the Account Holder.
1.5. Purchase Limit: The amount determined by Buxson as being the maximum allowed amount that may be utilized by the Account Holder on the Account and which amount shall be notified to the Account Holder upon acceptance of the application.
1.6. Delivery address: The address chosen by the Applicant on the Application form.

2. Application and Agreement
2.1 The Facility Agreement will be entered into on the day that Buxson accepts the Application.
2.2 Any application is subject to Buxson approval. Buxson has the unfettered discretion to accept or decline an application, to determine the limit of the account and to decrease the limit of the account at any time.
2.3 Buxson will be entitled to amend the terms of the account at any time and such amendment(s) shall commence on the first use of the account after the date that such amendment(s) takes place. When the Account is used upon the amended terms same shall confirm that the Account Holder agrees to the amended terms.
2.4 The application will be considered by Buxson on the information provided by the Applicant. All information provided by the Applicant must be accurate, correct and complete.
2.5 Buxson has the right to cancel the Account at any time.

3. Use of Account
3.1. The account will be subject to a purchase limit.
3.2. The purchase limit shall not be exceeded by the Account Holder unless written consent has been obtained from Buxson.
3.3. It is the responsibility of the Account Holder to take due and proper care of the account and not allow any third party to use the account.
3.4. Should the account be used fraudulently or by an unauthorized person, the Account Holder will be liable for all purchases arising from any unauthorized or fraudulent transactions.
3.5. Buxson shall be at liberty to unilaterally revoke or suspend usage of the account and the facility and either temporarily or permanently vary and/or reduce any purchase limit allowed.
3.6. The liability of the Account Holder shall under all circumstances remain until the account has been settled in full.

4. Statements
4.1. Statements will -
4.1.1 Show all transactions on the Account Holders Account;
4.1.2 Show the current amount due;
4.1.3 Show all payments made and any balance that remains due; and
4.1.4 Inform the Account Holder of the amount that must be paid to Buxson before the due date stated on the statement.
4.2. Statements will be provided to the Account Holder via e-mail, to the the e-mail address stipulated on the Application Form.
4.3. It will be the Account Holder’s duty to check the statement and to make sure that it is correct. Unless the Account Holder raises a query about its statement within 7 (seven) days from the date of the statement, it will be deemed to be correct.
4.4. Non-receipt of a statement will not free the Account Holder from its obligation to pay all amounts due to Buxson as the Account Holder may obtain information from Buxson directly.

5. Payment Terms
5.1. Payments must be made within the approved number of days reflected on the statement, without any deduction or set-off.
5.2. Payments can be made by deposit or electronic transfer, into the account allocated on the invoice. If one is unsure of banking details, kindly call us to confirm correct banking details.
5.3. In the case of deposits and electronic transfers, a copy of the deposit slip or proof of payment must be emailed to the person handling the account (info@buxson.co.za) in order for the payment to be allocated to the account.
5.4. A remittance advice must accompany the payment.
5.5. The account number of the Account Holder must be printed on the front of the proof of payment.
5.6. Payments on cash accounts: No cheque payments will be accepted on cash accounts.

6. Certificate
6.1. A certificate signed by any manager of Buxson (whose appointment and authority need not be proved) as to the amount due and payable by the Account Holder or any other matter regarding the account will be prima facie proof of the correctness thereof.

7. Notices
7.1. The address given on the application form by the Applicant (be it residential, business, postal or electronic) will for all purposes serve as the address chosen by the Account Holder at which legal notices and any process of court may be served on the Account Holder (the Account Holder’s “domicilium”).
7.2. The Account Holder may change his domicilium by notice to Buxson which domicilium change will only take effect 7 days after receipt of such notice by Buxson.

8. Authority and mandate for payment instructions
8.1. If so elected on the face hereof and provided that the necessary banking details have been completed, any amounts due will be recovered directly from the bank account of the Account Holder by way of debit order.
8.2. The Account Holder hereby authorize Buxson to collect any amount due by the Account Holder from the bank account as indicated on the application, and to credit such amount to the Account Holder’s account.
8.3. This authorization will remain in force until all amounts due by the Account Holder in terms of this Facility Agreement has been settled in full.
8.4. The amount collected from the Account Holder’s bank account may differ from month to month, depending on the amount outstanding on the statement.
8.5. All payment instructions issued by Buxson shall be treated by the Account Holder’s abovementioned bank as if the instructions had been issued by the Account Holder personally.
8.6. The Account Holder may not delegate any of its obligations in terms of this Facility Agreement to any third party.
8.7. The Account Holder may not change its banking details for the debit order, without prior written notice to Buxson and without providing Buxson with the new banking details.

9. Changes of Conditions of Use
9.1. Buxson reserves the right to change, repeal, replace or add to any of the terms and conditions of the Account.
9.2. Any such changes will be notified to Account Holder by way of verbal/written notice to the email address provided on the Application Form. Any changes will take effect upon the first use of the Account after such notice has been provided to the Account Holder.

10. Pricing
10.1. Prices are fixed on the day when the order is accepted by Buxson.
10.2. VAT will be charged at the applicable rate and as governed by the relevant statutes of the Republic of South Africa.
10.3. Buxson will endeavour to ensure that all advertised pricing is accurate, however, in the event that an error occurs with regards to the pricing of goods ordered by the Account Holder, Buxson will inform the Account Holder as soon as is reasonably possible and provide the Account Holder with the option to reconfirm the order at the correct price or to cancel same. Should Buxson not be able to reach the Account Holder within a reasonable time, the order will be cancelled.
10.4. Should an order be cancelled under the circumstances listed in clause 10 of these terms and conditions and the Account Holder has already paid for the goods, the Account Holder will receive a full credit to their account.

11. Placing your order
11.1. Orders are accepted subject to availability of the product from Buxson or the manufacturer/supplier.
11.2. Whilst Buxson will make every effort to ensure that pack sizes shown are accurate, manufacturers may change their pack sizes. If there is a change to the size provided to the Account Holder at the date of acceptance of the order, Buxson will provide the Account Holder with the correct information and relevant price, before delivery takes place.
11.3. To take advantage of any promotion, the Account Holder’s delivery date must fall within the advertised effective dates as per the relevant promotion.
11.4. Orders must be received prior to customer cut-off to ensure timely delivery (“cut off” to be defined by client in writing to Buxson). A lead time of 1-3 working days is given for orders to be processed. If additional time is required, we will inform the client.
11.5. Promotional photographs are for illustration purposes only.
11.6. The Account Holder is advised to always refer to the product packaging for information of its contents.
11.7. Buxson does not warrant information provided by third party manufacturers.

12. Delivering your order
12.1. All goods will be delivered to the delivery address provided by the Account Holder in the application form. Goods will only be delivered to an adult (18 years of age or over).
12.2. The delivery date and time as arranged with the Account Holder, will merely be estimated and Buxson will endeavour to deliver in accordance with same.
12.3. Buxson will not be liable for any cancelled or delayed delivery caused by couriers, suppliers or manufacturers or any events outside of the reasonable control of Buxson. It is the responsibility of the Account Holder to ensure that an adult is available at the delivery address to sign for the delivery during the agreed date and time.
12.4. It is the responsibility of the Account Holder or his/her appointed agent to check all deliveries with the Buxson driver/courier and as against the proof of delivery. The Account Holder must note all shortages and damaged goods on the Buxson proof of delivery at the time that the goods are delivered.
12.5. Damaged goods together with the proof of delivery of such goods may be returned for full credit on the day of delivery. In the event that damaged goods are of a frozen/chilled nature, such goods must be returned at the time of delivery.
12.6. Buxson will not accept any returned goods after 7 (Seven) days from date of delivery.
12.7. Roll cages, pallets and tote boxes remain the property of Buxson at all times. Buxson reserves the right to charge for any items left at the premises of the Account Holder at their request, or which are not returned or are lost by the Account Holder.
12.8. The Account Holder hereby warrant that the signatory to any tax invoice, delivery note or other documentation of Buxson made out in the name of, or to the Account Holder, is duly authorized to bind the Account Holder in respect of the relevant transaction.

13. Liability
13.1. Buxson shall not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, the Account Holders computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website. In no event will Buxson nor their respective officers, directors, employees, shareholders, affiliates, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this web site be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any websites linked to this web site, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.
13.2. In the event of any problem with this website or any content, the Account Holder agrees that the Account Holders sole remedy is to cease using this website.
13.3. The Account Holder hereby indemnifies Buxson, its employees and/or agents of any liability for any failure to perform or delay in performance caused by events outside of the reasonable control of Buxson (for example strikes, trade disputes, accident, computer failure, breakdowns, power failures, shortages affecting Buxson or Buxson’s usual sources of supply or Buxson’s means of delivery of the goods).
13.4. Buxson will not be held liable for any loss or damage sustained by the Applicant, Account Holder or any third party regarding either the application or this Facility Agreement.
13.5. All products/stock is free of responsibility/liability once the items have left Buxson premises. The above is applicable to any form of pick up or delivery made by Buxson on behalf of Buxson or the Account Holder. Which includes collections from clients, couriers or any other modes of transport or collection agency/individual. The above is also applicable to deliveries made by Buxson/courier services provided by Buxson or done on behalf of Buxson. Whether Buxson has charged for delivery or provided delivery for at no cost to the client.
13.6. In the event of a claim from a courier/insurance. The client is responsible for filing any claims with carriers for damaged and/or lost shipments.

14. Suretyship
14.1. Should the Applicant be a limited liability company or close corporation, the Directors or Members (as the case may be) agrees and undertakes to bind themselves as Surety/ies and Co- Principal Debtors in Solidium in respect of all amounts owing by the Account Holder to Buxson.
14.2. In the event of a Surety being married in community of property, the onus will be on the Surety to obtain the consent and signature of their spouse to enter into such surety.

15. Breach
15.1. Any action or failure to act by the employees and/or agents of the Account Holder, will be imputed to the Account Holder.
15.2. In the event of the Account Holder:
15.2.1. failing to pay any amount due by it in terms of the Facility Agreement on due date; or
15.2.2. commit a breach of any other term and/or condition set out in this Facility Agreement; or
15.2.3. commit any act which is unlawful, immoral or which constitutes immoral business practice; or
15.2.4. have any judgement in excess of R20 000.00 (twenty thousand rand) taken against it, and fail within 7 (seven) days of it becoming aware thereof either to satisfy same or to take steps (and thereafter actively to pursue such steps) to appeal or set aside such judgement; or
15.2.5. be unable, or fail or admit an inability in writing, to pay its debts as and when they fall due; or
15.2.6. make any representation in connection with its financial affairs before during or after this Facility Agreement has been concluded, which proves in any material respect to have been incorrect or untrue when made; or
15.2.7. or commit any act of insolvency; then all amounts owing by the Account Holder to Buxson will become immediately due and payable and the Account may be closed immediately.
15.3. In the event of Buxson instructing attorneys to collect from the Account Holder any amounts owing to Buxson, the Account Holder agrees to pay all cost on an attorney and client scale, including collection charges.
15.4. The Account Holder further consents to the jurisdiction of the Magistrate’s court in term of Section 45 of the Magistrate’s court Act No. 32 of 1944 (as amended) having the jurisdiction under Section 28 of the said Act, notwithstanding that the claim by Buxson exceeds the normal jurisdiction of the Magistrate’s court as to amount. Buxson may institute proceeding, notwithstanding foregoing consent in any other of competent jurisdiction, at its own discretion.

16. Copy or Trademark
16.1. Unless otherwise indicated, the material on this website, including but not limited to texts, images, illustrations, software, audio clips, video clips, animation files, is subject to the copyright and trademark rights of Buxson. 16.2. Consequently, the material on this website may not be copied, reproduced, modified, posted, transmitted, distributed, in whole or in part in any form whatsoever, without the prior written consent of Buxson. All rights reserved.

17. Warranty, Returns and Refund
17.1. Buxson does not accept returns unless our product is defective.
17.2. In the event of a faulty/defective product. Buxson has the right to repair first. If Buxson is unable to repair the item. Buxson will exchange or refund the item.
17.3. Buxson has sole discretion on the whether or not an item is eligible for repair, exchange or refund.
17.4 An item sent back for repairs out of warranty is eligible to an inspection charge if the Account holfer does not proceed with the repair of the item.
17.5. Products that are eligible for warranty and do carry a warranty, will be limited to a 6 month warranty on manufacturing faults only.
17.6. Products under warranty are to be sent back to our offices at the expense of the client. Once receive, the product will be booked in for repair.
Repairs can take up to 30 working days. If the product is deemed to be a non-manufacturing fault, the client will be liable to collect the product back from Buxson and bear the repair cost as well as transport costs, point 17.13.
17.7. Buxson has sole discretion to view the product and void warranties if the product has been misused, mishandled, opened, damaged (includes item or packaging), fiddled/meddled and/or upgraded in anyway.
17.8. Buxson has sole discretion to view warranty claims and to honour or void the warranty if deemed to be a non-manufacturing fault or in accordance with point 17.6.
17.9. Buxson does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
17.10. Buxson does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
17.11. The account holder expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
17.12. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
17.13. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item back to us, you should consider using a trackable shipping service or purchasing shipping insurance. We don`t guarantee that we will receive your returned item.

18. Disclaimer
18.1. Supply is subject to availability.
18.2. Quotes are valid for 30 days from the date of issue. Quotes are subject to change and can be changed if necessary. The client will be informed and a new quote issued. Buxson has the sole right to honour a quote or cancel the quote.
18.3. Buxson will not be held responsible for any misuse of products being supplied and used. Misuse in any way, shape or form. Misuse may include anything done out of the scope of a reasonable individual or reasonable use of the product and or against the law.

19. General
19.1. The Account Holder will be liable for all expenses incurred by Buxson in exercising any of its rights in terms of this Facility Agreement, which shall include all Buxson’s legal charges as between attorney and own client.
19.2. No relaxation or indulgence which Buxson may show to the Account Holder shall in any way prejudice Buxson’s rights hereunder and, in particular, no acceptance by Buxson of payment after due date (whether on one or more occasions) nor any other act or omission by Buxson including, without limitation, the rendering of statements after due date, shall preclude or stop it from exercising any rights enjoyed by it hereunder by reason of any subsequent payment not being made strictly on due date. Unless otherwise stated by Buxson in writing, the receipt by Buxson or its agents of any payment shall in no way whatsoever prejudice or operate as a waiver, rescission or abandonment of any cancellation or right of cancellation effected or acquired prior to such receipt. Buxson shall be entitled in its sole discretion to appropriate any amounts received from the Account Holder towards the payment of any cause, debt or amount whatsoever owed by the Account Holder to Buxson.
19.3. The terms and conditions herein will constitute the entire agreement between Buxson and the Account Holder.
19.4. The Account Holder agrees to Buxson obtaining any necessary information to ascertain or confirm the credit record of the Account Holder. Buxson undertakes to only use information obtained for purposes of this Facility Agreement and furthermore undertakes to not share the information obtained with other credit providers.
19.5. The Account Holder, Client or Customer agrees to all the above conditions automatically once a purchase, invoice, quote, pro-forma invoice, intent to deal/purchase from Buxson has been made.

The Account Holder acknowledges that they have read and understood the above terms and conditions and therefore signs same voluntarily and without inducement.