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Terms and Conditions

The following terms & conditions shall apply to any transaction entered between the SELLER (New Age Tyres Specialists T/A NATS) and the PURCHASER designated on the reverse side hereof.
In the event of the PURCHASER buying on a Credit Application granted by the SELLER to the PURCHASER, then and in that event these terms & conditions will be read and interpreted in conjunction with the terms & conditions as sent out in the written Credit Application.

1. The PURCHASER of the goods shall include any person, firm, corporation, association or legal persona who has ordered and/or taken delivery of goods from the SELLER or for whom or on whose behalf the SELLER has supplied goods, rendered services and/or disbursed monies.

2. Ownership in and to all goods sold shall not pass to the PURCHASER until the purchase price in respect thereof shall have been paid to the full.

3. In view of the abnormal stresses and strains to which tyres and tubes are or may be subjected, the SELLER stipulates that it makes no representation whatsoever and gives no guarantee against latent or patent defects or in any other manner whatsoever in respect of any products sold by the SELLER or services rendered by the SELLER and all conditions and warranties whatsoever, whether statutory, implied or otherwise, are hereby expressly excluded unless such guarantee or warranty shall have been given in writing and the SELLER shall be bound only to the terms of such written guarantee.

4. The purchase price for all goods sold and payment for all services rendered and monies disbursed, shall be paid without deduction or set off by the PURCHASER within 30 days of date of statement (the due date) to the SELLER.

5. In the event of the non-payment of any amount owing by the PURCHASER by the due date thereof then and in that event:
5.1 All amounts owing by the PURCHASER to the SELLER shall immediately become due, owing and payable by the PURCHASER.
5.2 All amounts owing by the PURCHASER to the SELLER shall bear interest compound at the prime interest rate levied by the SELLER'S bankers plus 3% (three percent) at the time of default and shall be charged on amounts owed by the PURCHASER to the SELLER and which interest shall:
5.2.1 be payable on demand
5.2.2 in the event of dispute, be proved under the hand of a manager of the SELLER'S banker whose authority need not to be approved.
5.3 All and any discounts reflected as such on invoices and/or statements, shall be reversed with immediate effect and the full amount will be due and payable by the PURCHASER immediately.

6. If the PURCHASER fails to pay any amount due to the SELLER on the due date thereof and the SELLER with their Attorney, including, inter alia, legal cost on the scale as between Attorney and Own Client, Correspondent Attorney costs, collection commission and tracing costs.

7. The SELLER hereby consents to the jurisdiction of over his/hers/its person notwithstanding the aforementioned, the SELLER may at its own discretion, at any time elect to institute action in any other court of competent jurisdiction.

8. For so long as any circumstances of whatever nature may prevent, hinder or delay delivery by the SELLER to the PURCHASER, the SELLER shall not under such circumstances be liable in any manner whatsoever to the PURCHASER for any failure or delay causing any direct, indirect or
consequential damages to the PURCHASER.

9. A certificate issued and signed by the accountant of the SELLER, whose authority need not to be proved shall be:
9.1 prima facie evidence of the amount of the PURCHASER'S indebtedness to the SELLER at the date of such certificate;
9.2 Valid as a liquid document in any court of competent jurisdiction for the purpose of obtaining provisional sentence or summary judgement against the PURCHASER.

10. The SELLER elects as its domicilium et executandi the physical address of the SELLER as reflected on the reverse side thereof.