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Terms and Conditions of Sale                                                                                                                        November 2024

Limitation of Liability

The purchaser shall have no claim against the manufacturer in respect of any loss or damage of a consequential, indirect, or incidental nature, which may be sustained by the purchaser due to any defect in the product supplied by Harlequin Paints or as a result of late delivery, except in cases of gross negligence or wilful misconduct by the manufacturer. In all cases, the liability of Harlequin Paints shall be capped at the purchase price of the product in question.

 

Delivery and Risk

Delivery of the products sold shall be deemed to have been affected:

a) In the case of products dispatched by rail, ship, or road carrier, upon consignment to the consignee;

b) In the case of products conveyed by the purchaser’s own mode of transport, upon handing over of such products to the purchaser’s agent.

Risk in the goods passes to the purchaser upon delivery. Harlequin Paints shall not be responsible for any delay or failure in delivery due to unforeseen circumstances (force majeure), including but not limited to natural disasters, strikes, or governmental actions.

 

Special Orders and Custom Requirements

In the case of orders placed in respect of products other than those reflected on the manufacturer's official price list (i.e., where special orders are required to be prepared by the manufacturer to suit the specific requirements of the purchaser), the purchaser shall be obliged to accept and pay for any purchaser quantity tendered for delivery which is within 10% (excess or shortfall) of the quantity ordered by the purchaser.

 

Returns and Exchanges

a) A purchaser may not return goods without prior written consent from the manufacturer. This consent can be withheld if the goods have been in the hands of the purchaser for more than 6 months, or if the product is in such a condition that it cannot be resold as new.

i. All goods returned with prior consent can only be exchanged for a credit note. No cash refunds are applicable. In the case of customers taking rebates and advertising, goods cannot be returned.

ii. A 10% handling fee will be charged on goods returned which were correctly delivered as ordered.

b) In the case of special orders (i.e., product size or custom specifications not part of our standard range as in clause 3), the products sold shall not be returnable under any circumstances.

 

Representation and Warranties

The manufacturer shall not be bound by or liable for any representation, statement, or warranty made by any employee or agent purporting to act on its behalf unless such representation or warranty is in writing and signed by an authorized representative of the manufacturer. Harlequin Paints offers no warranty, express or implied, except as explicitly provided in these terms.

 

Ownership and Retention of Title

Ownership of materials purchased will only pass from the manufacturer to the purchaser upon full payment, irrespective of the credit terms arranged with the purchaser. Harlequin Paints retains the right to reclaim goods if payment terms are not met.

 

Conflicting Terms

Should these conditions of sale conflict with any of the terms of conditions shown on the purchaser’s official order forms, these terms shall prevail unless explicitly agreed in writing.

 

Complaints and Notice of Defects

The supplier reserves the right to refuse to recognize any complaint from the purchaser in respect of specifications, quantity, package failure, or short delivery unless such complaint is lodged in writing with the supplier within 10 working days of receipt of goods by the purchaser. In cases of short delivery, notice shall be recorded by the buyer on the supplier's copy of the delivery note at the time of delivery.

 

Risk and Indemnity

Goods when delivered to the purchaser or such agent or carrier as may be nominated by the purchaser shall be at the risk of the purchaser, who shall be responsible from the time of delivery for all loss or damage thereto, however arising. The purchaser indemnifies Harlequin Paints against any claims or liabilities arising from misuse or improper handling of the products.

 

Payment Terms and Late Payment

Account holders: Payment for goods is due 30 days from statement. A late payment interest of 2% above prime interest rate may be applied to overdue accounts. In the event of default, Harlequin Paints reserves the right to withhold future deliveries and reclaim ownership of the products.

 

Minimum Order and Additional Charges

A minimum order of not less than R2500.00 (two thousand five hundred rands) excluding VAT is required. Any discounts will only apply to clients requiring their orders to be delivered in the central Cape Town area. Shortfalls in this amount will be subject to a packing and delivery charge. Courier costs outside of the Cape Town area will be for the client's account, or alternative collection arrangements must be made by the client.

 

Confidentiality

The purchaser agrees to maintain the confidentiality of all pricing, trade secrets, and other proprietary information related to Harlequin Paints and its products. Unauthorized disclosure or use of this information shall be considered a breach of these terms.

 

Jurisdiction and Dispute Resolution

This agreement shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising from these terms and conditions shall be submitted to the jurisdiction of South African courts. Where possible, disputes will be resolved through mediation or arbitration before any court action is initiated.

 

Entire Agreement and Severability

This document constitutes the entire agreement between Harlequin Paints and the purchaser, superseding all prior understandings or agreements. If any clause is found to be unenforceable, the remainder of the terms shall continue in full force and effect.

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