TERMS AND CONDITIONS OF PROCUREMENT (“the Terms”)

 CONDITIONS OF SERVICES

Upon acceptance by Hospitality and Outdoor of this Agreement, you, the Client, acknowledge and agree that it will become a legally binding contract.

  1. All items purchased by Hospitality and Outdoor (for the Client) must be confirmed by email or WhatsApp and must be described as best as possible, colour, model, size, quantity etc. Where possible, photos should be Included.
  2. All requests should be sent 48 hours in advance of the collection date.
  3. Hospitality and Outdoor is only responsible for the purchasing of the required items.
  4. Hospitality and Outdoor will not be held liable for the procurement of incorrect Items if it was purchased according to the Client’s description. The settlement of the service fee, as well as full cost of the overall purchase will be the responsibility of the client.
  5. The safe keeping and condition of the items- until it has been handed over to the client, or to a representative of the client- will remain the responsibility of Hospitality and Outdoor. Thereafter, Hospitality and Outdoor carries no liability for the condition of, or safe keeping, of the items and will not be liable for any damage or loss to these Items.
  6. Hospitality and outdoor will not be responsible for any defects on items purchased.
    1. All returns of items purchased by Hospitality and Outdoor (for the Client) needs to be managed by the client themselves and will not be the responsibility of Hospitality and Outdoor.
  7. Total cost of purchase, which Includes the procurement fee, is due 7 days after the purchase date.
    1. All procurement charges are exclusive of VAT.
    2. Procurement fees:

10%          (Bundle Rates)

15%          (Bundle Rates)

20%          (Bundle Rates)

25%          (Procurement Only)

  1. Late Payments will be calculated on the total cost of the purchase, which includes the procurement fee, and the following will be added to the outstanding amount:
    1. 10% penalty fee after 7 days
    2. 20% penalty fee after 14 days
    3. 30% penalty fee after 21 days
    4. 50% penalty fee after 25 days
    5. 100% penalty fee after 30 days
  2. No changes to the agreement will be accepted without written consent from Hospitality and Outdoor.

DAMAGE TO GOODS

  1. The Customer agrees that Hospitality and Outdoors’s collections, deliveries, transporting and storing of the Goods are at the Customer’s own risk and the Customer hereby indemnifies Hospitality and Outdoor from any loss and or damage howsoever arising, and of whatsoever nature during the course of Hospitality and Outdoor providing its services to the Customer. This indemnity includes, but is not limited to, any liability for direct and/or consequential loss or damage arising from loss of Goods, damage to Goods, the failure to collect or deliver Goods timeously, adequately or at all, or from any other cause howsoever arising, whether any such liability, loss or damage is caused by or arises from breach of contract, negligence or gross negligence, on the part of Hospitality and Outdoor its agents or employees, or otherwise.
  2. Hospitality and Outdoor has full discretion as to the route it takes when transporting the Goods.
  3. Although Hospitality and Outdoor will take all reasonable steps to safeguard the customers goods, the customer hereby indemnifies Hospitality and Outdoor and holds Hospitality and Outdoor, its officers, directors, employees, affiliates and their respective successors not liable for any loss, theft or damage sustained to any goods held in storage and transported by Hospitality and Outdoor, for so long as the goods are held/transported by Hospitality and Outdoor. This indemnity extends to encompass all goods transported with Hospitality and Outdoor, including goods stored in containers. The customer gives Hospitality and Outdoor Permission to occasionally move the above items around for maintenance and cleaning reasons. All risk in and to the goods remains that of the customer and the customers stores such goods at its own risk.

INSURANCE ON GOODS

  1. Hospitality and Outdoor have arranged for cover on all items stored in containers on its premises to the value of R 40 000, and R 50 000 cover on all goods transported by its vehicles. Hospitality and Outdoor strongly recommends that the client insures specialised expensive items, which value exceeds that of the insured amount against all insurable damages during removal, shipping, and storage for their full replacement value. The Customer will be legally and financially bound to any terms and conditions supplied by Hospitality and Outdoors’s insurance company if the client wishes to take out additional cover from Its Insurer. Should Hospitality and Outdoors’s insurer dispute it’s liability for any reason, the Customer shall have recourse against the insurer only and Hospitality and Outdoor shall not be under any liability in relation thereto. It is specifically recorded that the exclusion of liability of Hospitality and Outdoor provided for elsewhere in these terms is based on the assumption that the Customer is able to take out his own insurance as aforesaid to cover the risk loss or destruction of the goods.

 MISCELLANEOUS CONDITIONS

 

  1. The parties hereby acknowledge and agree that the Law of the Republic of South Africa will apply to all transactions surrounding these trading terms and conditions.
  2. The parties hereby agree and consent to the jurisdiction of the Magistrates Court for any action arising out of this agreement, notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrates Court. Should Hospitality and Outdoor need to enforce any rights in terms of this Agreement against the Customer in a Court of law, in such instance the Customer agrees to pay Hospitality and Outdoors’s legal costs on the scale as between attorney and client.
  3. The Customer has read the terms and conditions contained in this Agreement and understands and accepts them in every respect.
  4. If any of the terms and conditions in this Agreement are found to be invalid, then that will not invalidate the remainder of this Agreement.
  5. The Customer agrees that Hospitality and Outdoor can perform random credit checks on the Customer with a registered credit bureau for the duration of this agreement.
  6. Damages to goods caused by an act of God, vis major, may not be attributed to Hospitality and Outdoor.
  7. No statements, recommendations, or assistance by Hospitality and Outdoor may be construed as a waiver of Hospitality and Outdoors’s rights in terms of this Agreement.
  8. Any notice or request required or permitted to be given in connection with this Agreement shall be sent by e-mail or by express delivery service at the address specified on the Client Application Form which the client elects to be his/her chosen domicilium citandi et executandi.
  9. Section headings are for convenience only and are not to be construed as part of this Agreement.
  10. This Agreement constitutes the sole record of the agreement between the parties. Hospitality and Outdoor shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. Furthermore, no addition to, variation of or agreed cancellation of this Agreement shall be of any force or effect unless recorded in writing and accepted by Hospitality and Outdoor in writing.
  11. No relaxation or indulgence which Hospitality and Outdoor may grant to the Customer shall constitute a waiver of its rights and shall not preclude it from exercising any of its rights which may have arisen in the past or which might arise in the future.
  12. Any dispute on this Agreement, including as to its validity, existence, or interpretation, shall be determined (if Hospitality and Outdoor in its sole discretion so elects) by arbitration in accordance with the Arbitration Act 1965, as amended, or any legislation succeeding this law, as well as in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitrator appointed by the chairman of AFSA but in the event of Hospitality and Outdoor not preceding with arbitration the dispute will be dealt with in the normal court having jurisdiction. In all events, Hospitality and Outdoor shall be entitled in any proceedings to recover costs on the scale as between attorney and own client.
  13. The Customer indemnifies Hospitality and Outdoor from and against all liability of whatsoever nature, arising directly or indirectly from bodily injury, or damage to the Customers private property, which includes but are not limited to vehicles, equipment or any personal belongings, sustained whilst on the premises of Hospitality and Outdoor through the negligence of the Customer and or third party, whether it arises from negligence or gross negligence, on the part of Hospitality and Outdoor, its servants, agents or employees, or otherwise.
  14. The Customer agrees to accept all notices contemplated in this Agreement electronically per the email addressed provided by the Customer on the Client Application Form. Such notices will be deemed to have been received by the Customer at the date and time such notice was electronically dispatched by Hospitality and Outdoor.