Terms & Conditions

TAKE NOTE that we are PECSSER PROPRIETARY LIMITED (Registration # 2011/109120/07)

1. These terms and conditions apply to all transaction between ourselves unless we agree to the contrary in writing.
2. Not all of our staff have authority to represent or bind ourselves and you must establish due authority prior to relying on representations.
3. We reserve the right to alter prices advertised and quoted.
4. All orders received by Pecsser Proprietary Limited are subject to credit approval before acceptance thereof resulting in delivery of goods.
5. Discounts are within our discretion and will be in writing
6. Payment for goods and/or services shall be made as per the individual Company Credit Application documentation and written agreed communications thereafter.
7. Payments shall be made on or before the last Friday of the calendar month subsequent to that in which our Invoice to you is dated.
8. You bear the onus of proving any claims for credits or rebates and as such, you are reminded to keep your records updated.
9. Failure to pay on due date will mean:
   • Interest will accrue on the sum owed at 2% above the prime rate compounded monthly until payment in full.
10. We reserve the right to withdraw credit facilities.
11. Your chosen method of payment or means of delivery shall be attributable to you as your agent/agency.
12. You must also fully insure goods purchased from ourselves against loss or damage until the full price has been paid. Pending payment to ourselves for goods purchased, all benefits in terms of the insurance policy relating to the insurance of our goods, are ceded to us.
13. Risk in our goods will pass on delivery.
14. Notwithstanding that risk passed to you on delivery, ownership in all goods sold shall remain vested in ourselves until the full purchase price has been paid.
    • Should you breach any of these terms and conditions or if you are sequestrated or liquidated or commit any act of insolvency or permit a judgment taken against you, to remain unsatisfied for a period of 7 (seven) days therefrom, we shall be entitled forthwith and with notice to take possession of our goods without prejudice to any further rights vested in ourselves.

15. We do not entertain any contingent liability claims of whatsoever nature unless negligence or bad workmanship can be proven through an insurance claim, through our insurance company, process and investigation. The outcome of the insurance investigation and agreed amount to settle, or not will be the accepted liability claim total.
    • Disputes/queries are to be lodged in writing within 30 days from delivery for review, failing which the dispute/query will not be entertained.
16. Time shall not be of the essence in effecting delivery and we may deliver in installments whereupon each delivered installment will be regarded as a separate sale.
    • You acknowledge that we and/or our client may have to order stock from overseas and travel arrangements could delay delivery.
    • As such we will not accept any claims for direct or contingent damages due to late delivery.
17. Claims for repairs or warranty performance (all queries) must be made in writing (within 10 days) to us and will not confer a basis for set-off to you. Each such claim will be dealt with by us on its merits and subject to manufacturers terms.
18. Upon you signing off work done by ourselves, no further claims regarding such completed work from you will be entertained.
19. You must inform the landlord of your premises or the premises at which the goods are kept that the goods are our sole and absolute property until such time as the price has been paid in full by you to us.
20. Should you return goods without prior consent, we reserve the right to retain payments made by you in respect of such goods and/or to claim payment for the balance outstanding notwithstanding your return of the goods.
21. A certificate issued by any authorised representative of ourselves shall constitute prima facie proof of the sum due by you to us.
22. We have the option of referring any dispute arising from or in connection with these terms and conditions to arbitration which arbitration shall bind both yourselves and us. Furthermore, the conduct of the arbitration proceedings shall be governed entirely by the arbitration act as amended from time to time.
23. We reserve the right and discretion to vary or amend these terms and conditions from time to time. This will be done with due notice and in written format.
24. This contract represents the entire agreement between yourselves and ourselves.
25. No amendments or variations hereto shall be of any force and effect unless reduced to writing and signed by one of our directors.
26. You shall not cede any of your rights or obligations in terms hereof.
27. You undertake to notify us, in writing, within a period of 7 (seven) days of any change of address or any changes in the information set out in this agreement.
28. These terms and conditions are subject to the legal and regulatory requirements of the Department of Trade and Industry and any Export Bodies with legislative authority.
29. Insofar as they do not conflict with any of the terms and conditions set out herein, the general conditions of sale and tender stipulated from time to time by the Refrigeration and Air-conditioning Manufacturers and Suppliers Association (RAMSA) shall also be applicable to transactions between ourselves.
30. The applicant’s / debtor’s selected street address detailed herein as Domicilium citandi et executandi, at which all court processes, notices and communications may be served and sent by registered post shall be deemed to have been received within 7 days after the posting thereof.
    • The courts of SOUTH AFRICA will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.