Terms and conditions

These terms and conditions are the contract between you and. By visiting or using Our Website, you agree to be bound by them.

I / us / We / are Karillion (Pty) Ltd t/a 3@1 Green Valley, a company registered in South Africa number 2019/104274/07. Our address is Shop 23, Green Valley Shopping Centre, Stoneridge Drive, Greenstone Hill, Johannesburg, Gauteng, 1609.

You / your/ the Customer are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions:

1.          Definitions

In this agreement:

“Carrier / Courier”

means the courier service contracted by us to carry goods in terms of these terms and conditions, relating to the receipt, collection, transport and delivery of the goods, and all related activities undertaken by us in the performance of the courier service.

“Content”

means any content in any form published on Our Website by us or any third party with our consent.

“Goods”

means any of the goods and/or Services we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website”

means any website of ours, and includes all web pages controlled by us.

"Post"

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

 

 

                                                                                  

2.          Interpretation

In this agreement unless the context otherwise requires:

  • a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
  • these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
  • any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
  • except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
  • in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
  • the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
  • a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
  • in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated R 950 per hour.
  • these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
  • this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.          Our contract with you
  • This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
  • Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
  • If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
  • Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
  • The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
  • If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
  • We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4.          Acceptance of your order
  • Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.

AND

  • At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
  • If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
    • accept the alternatives we offer;
    • cancel all or part of your order.
5.          Price and payment
  • The price payable for the Goods that you order is clearly set out on Our Website.
  • It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
  • Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside South Africa, we will refund to you the amount charged as VAT.
  • If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
  • Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.
  • Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
  • If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
  • The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
  • If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.
6.          Security of your credit card

We take care to make Our Website safe for you to use.

  • Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
  • If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7.          If you buy as a Consumer

This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.

  • As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
  • You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it.
  • The option to cancel your order is not available:
    • if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
    • sealed audio or sealed video recordings or sealed computer software, if these become unsealed after delivery;
    • if the Goods become mixed inseparably (according to their nature) with other items after delivery.
  • You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
  • If the Goods you return, show any sign of damage then we shall be entitled to deduct the cost from your refund money.
  • In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 30 days.
  • To assist us in identifying your Goods on receipt by us, we ask you to provide your telephone number for a return reference to be placed below our address / returns label.
  • This paragraph does not affect your rights in the event that the Goods are faulty.
8.          Delivery and pick up
  • Goods are delivered within 10 days from the day you place an order to purchase the Goods.
  • Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
  • If we are not able to deliver your Goods within 10 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
  • We may deliver the Goods in instalments if they are not all available at the same time for delivery.
  • Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
  • All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
  • Signing "Unchecked", "Not Checked" or similar is not acceptable.
  • If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
  • Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
  • Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
  • Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
  • We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank.
  • If you pick up Goods from our premises then:
    • Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
    • you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
9.          Foreign taxes and duties
  • If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
  • You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10.      Liability for subsequent defects
  • We will repair or replace Goods which fail to comply with the provisions of the the Consumer Protection Act 2008 or which show a defect. If you claim that the item is defective, the following conditions apply:
    • the defect must be reported to us within two weeks of becoming apparent;
    • the defect results only from faulty design or manufacture;
    • you have returned the defective Goods or parts to us if we have so requested.
  • If we agree that we are liable, we will repair or replace the Goods free of charge. You will bear the cost of carriage for the return of the Goods.
  • If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
11.      Goods returned

These provisions apply if you return any Goods to us for any reason :

  • We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
  • Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
  • The Goods must be returned to us as soon as any defect is discovered but not later than 6 months.
  • So far as possible, Goods should be returned:
    • with both Goods and all packaging as far as possible in their original condition;
    • securely wrapped;
    • including our delivery slip;
    • at your risk and cost.
  • You must tell us by email message to This email address is being protected from spambots. You need JavaScript enabled to view it. that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
  • In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
  • Most of the Goods are covered by a guarantee for a minimum of 6 Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
  • If we agree that the Goods are faulty, we will:
    • repair or replace the Goods as we choose.
12.      Disclaimers
  • The law differs from one country to another. This paragraph applies so far as the applicable law allows.
  • All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
  • We make no representation or warranty for:
    • the quality of the Goods;
    • any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
    • the correspondence of the Goods with any description;
    • the adequacy or appropriateness of the Goods for your purpose.
  • We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
  • We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
  • We make no representation or warranty and accept no responsibility in law for:
    • accuracy of any Content or the impression or effect it gives;
    • delivery of Content, material or any message;
    • privacy of any transmission;
    • any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
    • any aspect or characteristic of any goods or services advertised on Our Website;
  • Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
  • We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you
  • You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
  • This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.
  • If you become aware of any breach of any term of this agreement by any person, please tell us by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.. We welcome your input but do not guarantee to agree with your judgement.
  • Nothing in this agreement excludes liability for a party's fraud.
13.      Your account with us
  • You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
  • If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
  • You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14.      Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

  • be malicious or defamatory;
  • consist in commercial audio, video or music files;
  • be illegal, obscene, offensive, threatening or violent;
  • be sexually explicit or pornographic;
  • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  • give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
  • solicit passwords or personal information from anyone;
  • be used to sell any goods or services or for any other commercial use;
  • include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
  • link to any of the material specified above, in this paragraph.
  • send age-inappropriate communications or Content to anyone under the age of 18.
15.      Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

  • hyperlinks, other than those specifically authorised by us;
  • keywords or words repeated, which are irrelevant to the Content Posted.
  • the name, logo or trademark of any organisation other than yours.
  • inaccurate, false, or misleading information.
16.      How we handle your Content
  • Our privacy policy is strong and precise. It complies fully with current law which is linked on our website.
  • If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
  • Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
  • We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
  • We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
  • You agree to waive of your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.
  • You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
  • Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  • You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
  • You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
  • Please notify us of any security breach or unauthorised use of your account.
  • We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph 16.5 above.
17.      Removal of offensive Content
  • For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
  • We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
  • If you are offended by any Content, the following procedure applies:
    • Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
    • we shall remove the offending Content as soon as we are reasonably able;
    • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
  • We may re-instate the Content about which you have complained or not.
  • In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
  • You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
18.      Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

  • modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  • link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
  • download any part of Our Website, without our express written consent;
  • collect or use any product listings, descriptions, or prices;
  • collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
  • aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
  • share with a third party any login credentials to Our Website.
  • Despite the above terms, we now grant a licence to you to:
    • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
    • you may copy the text of any page for your personal use in connection with the purpose of Our Website.
19.      Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  • your failure to comply with the law of any country;
  • your breach of this agreement;
  • any act, neglect or default by any agent, employee, licensee or customer of yours;
  • a contractual claim arising from your use of the Goods;
  • a breach of the intellectual property rights of any person.
20.      Intellectual Property
  • We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
  • Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
  • You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person without our consent.
  • Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
21.      SUMMARY OF GENERAL TERMS AND CONDITIONS FOR INTERNATIONAL AND DOMESTIC COURIER SERVICES
  • You are advised to request and read the Carrier’s full “General Terms and Conditions: Courier Services” available on request from us,  including the special conditions relating to dangerous, perishable, high value and/or fragile goods, the details of which are summarised below:

VARIATION OF CONDITIONS

The handling of the goods shall be subject only to the conditions stated herein. Should the Customer purport to attach any conditions which vary, amend or are in conflict with the conditions set out herein, then, the conditions set forth herein shall prevail and be of full force and effect unless accepted by the 3@1 Franchisee/Outlet in writing.

MANNER OF COURIER SERVICE

The 3@1 Franchisee/Outlet shall, determine the methods of transport, handling and route for the courier of the goods;

The 3@1 Franchisee/Outlet reserves the right to employ sub-contractors or agents to act for it, in which event it shall have no responsibility or liability to the Customer for any acts or omissions of third parties; and the terms and conditions stipulated by such third parties in respect of the courier services shall be binding on the Customer; and it shall be suitably indemnified against all costs in respect of any necessary action to contest, defend and/or compromise against any claim/action brought by a third party in respect of any act or omission of the Customer in relation to the goods.

CARRIER CHARGES

The remuneration payable to the 3@1 Franchisee/Outlet by the Customer shall be in accordance with it’s standard tariffs calculated on: the chargeable weight of the goods and/or the destination of the goods and/or the service level selected by the Customer for the courier of the goods;

The 3@1 Franchisee/Outlet’s standard tariffs are subject to review by it without prior notice to the Customer;

The Customer shall be liable for any duty, tax, fine or other outlay of whatsoever nature levied by authorities at any port or place in connection with the goods;

The 3@1 Franchisee/Outlet shall be entitled to make an additional charge to cover any expenses arising from the taking out or obtaining of any necessary licences or permits;
The  3@1 Franchisee/Outlet shall be entitled to recover from the Customer or Consignee any additional charges incurred, due to circumstances outside of its control including but not limited to natural disasters, strikes, lock-outs and other such occurrences necessitating a change in the routing of the courier of the goods;

The Customer shall remain liable to the 3@1 Franchisee/Outlet for all charges and lawful expenses incurred in providing the courier service, should such charges/expenses not be recovered from the Consignee, or in the event of the Consignee failing to pay the related charges for any reason whatsoever.

PAYMENT OF THE REMUNERATION

The 3@1 Franchisee/Outlet shall be entitled to appropriate all payments made by the Customer towards the payment of any debt/obligation of whatsoever nature, owing by the Customer to it, irrespective of when or how such debt arose;

The Customer may not raise any claim, dispute or counter-claim as a reason for deferring payment and may not withhold any payment or set-off any claim or counter-claim which it may wish to raise against the amount charged by the 3@1 Franchisee/Outlet for the courier of the goods.

CARRIER’S LIEN

As security for all monies owing, the 3@1 Franchisee/Outlet shall have a lien over all goods and all repayments, refunds, claims or recoveries in its possession or control; and/or shall be entitled to hold all goods as security for any monies owing to it by the Customer; and/or may at any time, at its sole discretion, retain possession of any goods pending the discharge of all the Customer’s indebtedness to the 3@1 Franchisee/Outlet, howsoever arising; and In the event that it retains possession of the goods in terms hereof, it shall be entitled to store the goods at such place as it deems fit, at the Customer’s expense; and it shall not be liable for any loss, damage or deterioration of such goods while in storage.

If any monies owing to the 3@1 Franchisee/Outlet are not paid within 30 days after they are due, then it shall be entitled to open and examine the goods and/or to sell the whole or any part of the goods, and/or to apply the proceeds of any sale, after deducting all expenses thereof, in payment or reduction of any amount due by the Customer to the it, provided that any surplus shall be paid over to the Customer immediately after the sale, or upon demand made by the Customer, within 90 days of the sale;

The 3@1 Franchisee/Outlets rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Customer.

CUSTOMER WARRANTIES AND INDEMNITIES

The Customer is bound by and warrants, in favour of the 3@1 Franchisee/Outlet, who is hereby indemnified and held harmless in respect of any expenses, claims, fines, damages arising from the courier of the goods, in respect of the accuracy of the Consignee’s name, details, address for delivery, descriptions, values and other particulars furnished to it by the Customer; and/or that the courier of the goods will not violate or infringe any Act, regulation or Law; and/or  that the goods are the Customer’s sole property, alternatively, the Customer is authorised by the owner, to enter into the agreement for the courier of the goods.

CONDITION OF GOODS

The onus of proving the quantity, type, physical properties, composition and/or condition of the goods and/or the condition of any container thereof, at the time of receipt thereof by the 3@1 Franchisee/Outlet shall strictly at all times remain with the Customer. The parties agree that it is the presumption that the condition of the goods at the time of delivery to the Consignee is the same as at the time that the 3@1 Franchisee/Outlet received the goods from the Customer.

CONDITIONS OF COURIER

The goods shall be carried at the sole risk of the Customer/owner, who hereby exempts the 3@1 Franchisee/Outlet from, and indemnifies it against, all liability of whatsoever nature, subject only to * below, arising directly or indirectly from handling of the goods, including but not limited to any liability for direct and/or consequential loss or damages arising from the loss of the goods and/or damage to the goods and/or the failure to collect or deliver the goods timeously, adequately or at all or from or to the correct address and/or from any other cause arising, whether from breach of contract, negligence or gross negligence, on the part of the 3@1 Franchisee/Outlet, its servants, agents, employees or otherwise;
In the event that the Customer suffers any damage or loss which is directly attributable to any act or omission by the 3@1 Franchisee/Outlet, it may, at its sole discretion, re-imburse the Customer the tariff and related charges and costs charged by the 3@1 Franchisee/Outlet to the Customer in respect of the courier of the goods;

The Customer is required to ensure that it has communicated any special conditions, instructions or requirements for the courier of the goods, including delivery and/or storage instructions, time sensitive documents etc clearly and legibly in writing on the waybill. No other instruction, whether verbal or written, shall be accepted as binding;

Any limited liability of the 3@1 Franchisee/Outlet, as set out above, shall terminate on the delivery of the goods to the Consignee.

INSURANCE

The 3@1 Franchisee/Outlet shall, only if requested to do so in writing by the Customer, effect insurance on any goods carried by it for and on behalf of the Customer in terms hereof, at the Customer’s expense, subject to the usual exceptions and conditions of insurance held by the it, and subject to the necessary and required insurance declarations as to the nature and value of the goods.
*The 3@1 Franchisee/Outlet shall not be required to effect a separate insurance on each consignment.
Should insurer dispute any liability for any reason, Customer shall have recourse against the insurer only.”

22.      Miscellaneous matters
  • When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
  • Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
  • If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  • The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
  • No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  • Any communication to be served on either party by the other shall be delivered by hand or sent by courier service or recorded delivery or by e-mail.
 

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

  • In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
  • So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
  • Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
  • In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.