1. All goods are sold by us only in accordance with the standard specifications applicable to such goods and subject to these Conditions of Sale. No variations from these Conditions of Sale and no contrary stipulations by the buyer shall be valid unless specifically accepted by a Director in writing.
2. Orders shall be binding on us if made in writing and insofar as they are accepted by us in writing or by delivery of any goods so ordered by submission of invoice.
3. Unless Buyer’s order specifically stated a date on or before which delivery is required and such date or any other delivery date is accepted by us, orders will be accepted for delivery as and when goods can be made available by us, and we are entitled to execute orders by
4. Unless otherwise agreed by a director beforehand in writing:
   • Payment for goods ordered shall become due and payable net and without deduction within 30 (thirty) days of the date of the statement on which the purchases first appeared. Interest at the rate of 2% (two percent) per annum above the prime overdraft rate ruling at the time quoted by First National Bank shall be payable on all overdue
   • In the event of any payment not being made on due date, then the full balance then owing shall forthwith become due and
   • Where orders are executed by installments, payments for each part executed by installments, payments for each part executed shall be due in terms of this Condition from date of statement referring to said part
   • If we have not expressly confirmed a definite price in writing for the execution of any order our list price ruling at the date of delivery shall apply. Where delivery of an order is made in parts, the list price ruling at the date of each part of delivery shall apply to each such part
   • Where a definite price has been expressly confirmed by us for the execution of an order, such price shall nevertheless at all times be subject to increase in the event of any increase in our list price ruling at the immediate time of delivery or part delivery of the order, but any such increase in price shall be notified to the Buyer and shall entitle the Buyer to terminate the order or contract prior to delivery or within 14 (fourteen) days of the notice of price increase. The termination must be in writing to us without either party having any claim whatsoever against the other arising from the price increase or in consequence of such
   • Where the rate of Value Added Tax is amended before delivery of the goods, the agreed price will be amended accordingly and the new price, whether invoiced inclusive or exclusive of Value Added Tax will become the agreed price without the requirement for advance or specific notification to the Buyer.
5. We shall have no liability whatsoever for late delivery or non-delivery of any goods due to force majeure or any other circumstances whatsoever. We accept no responsibility whatsoever for loss or damage caused by late delivery or non-delivery, howsoever caused or
6. We shall have no obligation, without prejudice to any of our other rights to supply for as long as the Buyer is in arrears with any payments owing from whatever cause. If the Buyer should commit any act of insolvency, or if a provisional or final judicial management or liquidation order is granted against the Buyer, we reserve the right to cancel any sale, order, or stop any further deliveries unless satisfactory security is provided or advance payments are made.
7. The risk in the goods shall pass to the Buyer upon delivery. We shall choose routes and modes of transportation, though the Buyer’s wishes will be taken into

account as far as possible. Any additional costs caused thereby shall be for the account of the Buyer.

8.

• The Buyer is obligated to inspect and check goods on delivery to verify specification and
• Goods may not be returned and deliveries may not be refused except by prior arrangement with a Director of X-Quisite
• If any goods sold do not accord with the order, the Buyer shall notify us in writing immediately the defect comes to his notice and provided the Buyer does so within 14 (Fourteen) days from the date of delivery of the defective goods to the Buyer, we shall accept liability to replace any goods which were sold by us to the Buyer and which goods are not in accordance with our specification or alternatively (provided that the goods have not been damaged in any way whatsoever) at our opinion we shall be entitled to take the goods back, refunding the Buyer with the purchase price
• If any goods sold do not accord with the quantity ordered the Buyer shall notify us immediately (and in any event with 7 (seven) days of delivery) and provided the Buyer is able to demonstrate to our satisfaction that we have failed to deliver the quantity ordered we shall make good any shortfall in delivery.
• We accept no responsibility for damages, or any other loss, whether direct or consequential that may be suffered by the Buyer or any person claiming

through the Buyer in connection with the goods, or whether arising from the Buyer’s order or our fulfillment thereof, or otherwise howsoever.

9. The goods shall only become the property of the Buyer after he has paid and performed all other obligations in terms of these Conditions. If third parties try to assert or substantiate rights, the Buyer shall be obligated to inform us of any such action immediately, and we shall be entitled to take whatever action we may see fit to protect our rights, including cancellation of the sale and repossession of the goods. In the event of any such cancellation of the sale, the Buyer undertakes to look after and keep the goods safe until repossessed by us, and upon request from us the Buyer undertakes to hand over and return the goods to
10. The parties agree that the Magistrate’s Court shall have jurisdiction in respect of any proceedings, which may require to be instituted by us against the Buyer. To the extent that it may be necessary, the parties hereby consent to the jurisdiction of the Magistrate’s Court referred to aforesaid. Notwithstanding the aforegoing, if the amount of our claim against the Buyer is in excess of the jurisdiction of the Magistrate’s Court, we shall be entitled in our sole and absolute discretion to elect to institute proceedings against the Buyer in any Division of the Supreme Court of South Africa having jurisdiction.
11. The Buyer specifically agrees that he will be liable for all costs, including debt collection costs, associated with any outstanding debt handed over to any debt collection agency or attorney for
12. Notwithstanding any waiver, indulgence or relaxation, express or implied granted by us to the Buyer, all these Conditions shall remain in force unless and until abrogated by a director in writing, and any obligation of the Buyer hereunder shall in any case remain in full force and