Terms and Conditions
Last Updated: February 2025
These Terms and Conditions govern the sale of goods and services between Khoisan Tea, trading as Khoisan Tea (Pty) Ltd, hereinafter referred to as “the Company,” and the purchaser, hereinafter referred to as “the Buyer.”
1. Orders
1.1 The Company’s offers are non-binding.
1.2 A contract will only be formed when the Company sends a written order confirmation or delivers the order within 14 days of receiving the order or request.
1.3 Once accepted, orders may not be cancelled, amended, or varied unless confirmed in writing by the Company.
2. Prices
2.1 All prices are ex-works and exclude VAT at the applicable statutory rate, unless otherwise agreed in writing.
2.2 The Company reserves the right to adjust prices if costs change due to tariff agreements, material or energy price fluctuations, or changes in transport costs. The Buyer will be notified of such changes upon request.
3. Payment
3.1 Payments must be made in the currency stated on the invoice, without deduction or set-off.
3.2 Payments are due in full via Electronic Fund Transfer (EFT), cash on order, or as specified on the invoice.
3.3 Any incoming payments will be applied to settle the oldest liabilities or those with the least security.
3.4 Discounts or rebates apply only to the respective order they were granted for, unless otherwise agreed in writing.
3.5 The Buyer is responsible for any bank transfer fees.
3.6 The Buyer is in default 10 days after the due date. In case of default, the Company is entitled to charge 2% interest per month on overdue amounts. The Buyer agrees to settle any residual debts immediately if an installment agreement is breached.
3.7 Part deliveries will be invoiced separately and payable immediately.
3.8 The Buyer must immediately notify the Company of any changes that could impact credit facilities, including ownership, address, and status.
4. Delivery
4.1 Delivery timelines are not guaranteed.
4.2 Delivery dates are approximations and the Company is not liable for damages caused by delays.
4.3 If the Company cannot deliver on the stipulated date, the Buyer must accept delivery when the Company is able to do so.
4.4 Storage fees may apply if the Buyer requests delayed delivery. The Company reserves the right to cancel delivery if delayed by more than two weeks.
4.5 The risk of the goods passes to the Buyer upon delivery or when acceptance is delayed.
4.6 In case of partial deliveries, the Buyer is required to accept them, and the delivery is considered a sale of the delivered goods.
4.7 Any claims must be notified to the Company within 24 hours of delivery. Failure to notify within 10 days results in acceptance of the goods.
4.8 The Company is not responsible for any damage occurring during delivery on the Buyer’s premises. The Buyer assumes full responsibility and indemnifies the Company.
4.9 The last delivery for the year will occur in November, including for call-off orders.
5. Reservation of Ownership and Appropriation of Payments
5.1 Ownership of goods remains with the Company until full payment is received.
5.2 The Company may appropriate any payments received towards the Buyer’s debt at its discretion.
5.3 The Company is not obligated to accept returned goods if the Buyer makes an error in the order.
6. Limitation of Company’s Liability
6.1 The Company provides no warranty against defects in the goods unless explicitly stated in writing.
6.2 The Buyer must ensure the goods are suitable for the intended purpose and free from defects before use.
6.3 The Company is not liable for any consequential or special damages, including loss of profit.
6.4 The Buyer must inspect the goods within 10 days of receipt for any defects.
6.5 The Company will not be held liable for any damages caused by the Buyer’s failure to store goods properly.
6.6 The Buyer is responsible for the legality and compliance of any artwork or labelling supplied to the Company.
7. General
7.1 These Terms and Conditions supersede any other conditions agreed with the Company.
7.2 Any amendments to these Terms and Conditions must be in writing and signed by both parties.
7.3 The Buyer must prove that any amendments were authorized by the Company.
7.4 Each delivery is considered a separate contract, and any disputes related to one delivery will not affect others.
7.5 A signature from the Buyer’s representative on the delivery note or waybill will confirm delivery.
8. Variations in Quality and Weight
8.1 Once the goods have left the Company’s premises, variations in quality, including odor and taste, or weight changes, do not entitle the Buyer to make claims.
9. Specifications at Time of Order
9.1 Specifications of goods, such as weight and dimensions, are approximate unless expressly stated otherwise.
9.2 The Company reserves the right to amend artwork or packaging for pre-packaged goods as required by food labelling laws or other regulations.
9.3 Additional specifications must be requested and confirmed in writing by the Company.
10. Complaints
10.1 Complaints must be made in writing within 10 days of receiving the goods.
10.2 If accepted, the Company may deliver a replacement or issue a credit note. Further claims, including consequential damages, are excluded.
11. Warranty Period
11.1 The warranty period is based on the expiry date of the product. The Buyer must request the expiry date in writing.
11.2 The Company warrants that goods will be free from defects under normal use for the duration of the warranty period.
12. Force Majeure
12.1 The Company is not liable for failure to perform due to causes beyond its control, including war, government action, or industrial disputes.
12.2 If delivery is delayed, the Company is not in breach of the agreement.
13. Breach
13.1 If the Buyer breaches the agreement and does not remedy it within 24 hours of notification, the Company may cancel the agreement and reclaim goods or their market value.
13.2 Disputes will be handled in the Magistrate’s Court and subject to South African law.
14. Costs
14.1 The Buyer is liable for all costs incurred due to breach, including collection and legal fees.
15. Jurisdiction and Applicable Law
15.1 The exclusive jurisdiction for disputes is Cape Town, South Africa, though legal proceedings may also be initiated at the Buyer’s business location.
15.2 South African law governs these Terms and Conditions.
16. Domicilium Citandi Et Executandi
The Company’s address for service of process is: