These Terms and Conditions of Sale ("Terms") apply to all sales of stone slabs and related products by StoneCo (PTY) Ltd ("StoneCo," "we," "us," or "our") to the Buyer ("Customer," "you," or "your"), and are binding upon acceptance of any credit application, purchase order, or agreement for the supply of products.
By purchasing from StoneCo, the Customer agrees to the following Terms, including the payment conditions outlined herein. No variation or addition to these Terms shall be binding unless explicitly agreed in writing by both parties.
2.1. Credit Approval:
The Customer may apply for a credit facility with StoneCo by submitting a completed credit application form, along with all required supporting documents (including but not limited to financial statements, business registration documents, and trade references).
2.2. Credit Limit:
Credit facilities, if approved, will be subject to a credit limit determined at the Credit Guarantee Company sole discretion, based on their credit assessment. The limit may be reviewed and modified by the Credit Company at any time.
2.3. Withdrawal or Suspension of Credit:
The Credit Company reserves the right to withdraw or suspend credit terms at any time should they, in their sole discretion, believe that the Customer's financial position or payment history is unsatisfactory.
3.1. Payment Period:
All payments are strictly due within 30 (thirty) days from the date of invoice ("Due Date"). Invoices will be issued upon delivery of goods.
3.2. Mode of Payment:
Payments must be made via electronic funds transfer (EFT) to the account details provided on the invoice. Cash or cheque payments will not be accepted unless previously agreed in writing.
3.3. Late Payment Penalties:
If payment is not received within 30 days, the Customer will be handed over to the Credit Company, listed as a bad payer, blacklisted which will lead to Customer’s credit score being negatively impacted. Failure to settle outstanding amounts will also lead to suspension of further deliveries and/or legal action necessary to ensure the recovery of debt
4.1. Issuance of Statements:
StoneCo will provide monthly statements to Customers listing all transactions, payments, and outstanding amounts. However, the Customer is responsible for ensuring payments are made on or before the Due Date regardless of the receipt of any statements.
4.2. Disputed Amounts:
If the Customer disputes any amount on an invoice or statement, they must notify StoneCo in writing within 48 hours of receipt of the invoice or statement. Failure to do so will constitute acceptance of the invoice or statement as accurate and due.
4.3. Payment Without Set-Off:
Payments must be made in full without any set-off or deduction for any claims the Customer may have against StoneCo unless agreed in writing by both parties.
5.1. Delivery:
Deliveries of products shall be made to the Customer’s designated address, subject to availability. StoneCo will use reasonable efforts to deliver the goods on the agreed date, but time is not of the essence.
5.2. Collection:
Collection of products shall be made from StoneCo’s designated address, subject to availability. StoneCo will use reasonable efforts to prepare the goods by the agreed date, but time is not of the essence.
5.3. Installation:
StoneCo can't be held accountable for damage to stone countertops caused by setting of the cupboards.
5.3. Risk and Ownership:
Risk of loss or damage to the goods passes to the Customer upon delivery or collection.
Ownership of the goods remains with StoneCo until full payment is received.
6.1. Right to Suspend:
StoneCo reserves the right to suspend future deliveries if the Customer fails to pay within the 30-day credit period or violates any other provision of these Terms. Deliveries will resume only after full payment of the outstanding balance.
7.1. Termination for Non-Payment:
StoneCo reserves the right to terminate any agreement for the supply of goods with immediate effect should the Customer fail to make payment within the agreed 30-day credit period. In such a case, all outstanding amounts, including penalties, will become immediately due and payable.
7.2. Termination for Insolvency:
Should the Customer be placed under liquidation, business rescue, or any form of insolvency proceedings, StoneCo reserves the right to terminate any existing agreements and demand immediate payment of all outstanding amounts.
In the event that StoneCo engages the services of an attorney or collection agency to recover any overdue amounts, the Customer agrees to pay all reasonable legal fees, collection costs, and disbursements incurred by StoneCo on an attorney-and-client scale.
StoneCo shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, or government intervention.
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the South African courts.
By signing below, the Customer acknowledges that they have read, understood, and agree to abide by these Terms and Conditions of Sale.
