These terms and conditions of sale shall apply to all Orders placed by the Purchaser. The Purchaser acknowledges that these terms and conditions govern all orders placed by it at any time and from time and as such constitute a binding agreement between the Purchaser and NGC Distribution upon acceptance of an order by NGC Distribution.
Order(s) – the request made by the Purchaser or its agent to NGC Distribution for the sale and delivery of certain garments to the Purchaser, the details of which are contained either on the reverse side hereof or on any document requesting the supply of such garments, including additional, supplementary, and repeat orders.
Purchaser – the party placing an order with NGC Distribution or on whose behalf such order is placed and who is identified as such on the reverse side hereof.
NGC Distribution – NGC Distribution, Reg. No. 2003/018981/23 or its assigns.
This document contains the entire agreement between the parties relating to the Orders and no party shall be bound by any undertaking, representation, warranty, promise or the like not recorded herein. No amendment of this agreement will constitute a novation of any of the terms of this agreement unless reduced to writing and signed by the Purchaser and NGC Distribution. This agreement and all matters relating hereto shall be dealt with in accordance with the laws of South Africa.
The prices reflected in the NGC Distribution Price List, are exclusive of VAT and are applicable to all Orders, completed, signed and received by NNGC Distribution on or before the validity date as reflected in the Price List. Notwithstanding the above provision, NGC Distribution may, in its sole discretion and without notice to the Purchaser, alter the prices and validity dated without incurring any obligation prior to acceptance of an Order. The prices exclude the costs of the delivery of the garments to the customers at its designated delivery address and also assembly of purchased goods
The Purchaser shall pay for the garments in full, before they are dispatched from NGC Distribution, as agreed between NGC Distribution and the purchaser in respect of each specific order. Should the purchaser have an account with NGC Distribution, which is up to date, NGC Distribution shall dispatch the goods relating to the order to the Purchaser and invoices are to be paid no later 30 days from the date of the invoice, or due date as stated on invoice. Should the Purchaser fail to pay NGC Distribution for the garments, NGC Distribution may suspend the delivery of further orders until all sums which are due have been paid. Should the Purchaser cancel an Order, NGC Distribution may charge the Purchaser a cancellation fee not exceeding 50% of the Orders shall bear interest at the rate of 2% above the prime bank overdraft rate charged by First National Bank, from time to time, to its preferred customers, from due date until date of payment. The Purchaser shall not be entitled to attach any condition whatsoever to any payment made to NGC Distribution, including the condition that any payment is made and tendered in full and final settlement. If the Purchaser attaches any such condition, NGC Distribution will be entitled to accept payment on account and to exercise its rights in terms hereof as if no such condition had been attached. As discusses below, ownership of goods does not pass to the Purchaser until the goods have been paid for in full, therefor if goods are sold by the Purchaser to the Purchaser’s clients, without NGC Distribution having been paid in full for the abovementioned goods, this will constitute theft on part of the Purchaser and will be prosecuted to the full extent of the law.
OWNERSHIP AND DELIVERY
Ownership of the garments ordered by the Purchaser shall remain vested in NGC Distribution and shall not pass to the Purchaser until NGC Distribution receives payment for the garments in full. While NGC Distribution shall use its best endeavours to adhere to any specified delivery date, it shall not be bound by such date and accepts no responsibility for any loss, expense, or any other damages of whatsoever nature that may result from any delay in delivery. Please note that NGC Distribution has a 48 hour fault and exchange notification period, from the time that the Purchaser has received delivery, thus meaning the Purchaser has 48 hours from date & time of receiving delivery to notify NGC Distribution of any faults to goods purchased or intention to exchange goods.
All garments displayed in the NGC Distribution catalogues are subject to availability. NGC Distribution shall be released from the obligation to deliver any particular items of the Order if, for any good reason, it is unable to supply and deliver same to the Purchaser. In such event, NGC Distribution shall not be liable for any loss of profit or damages, direct or indirect, consequential or otherwise that the Purchaser may suffer. Such release shall in no way affect or detract from the Purchasers obligation to pay for the remainder of the items reflected in the Order that are supplied and delivered to the Purchaser. Stocks of all goods on offer are limited. NGC Distribution shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, NGC Distribution shall advise on alternative styles and colours. We are unable to guarantee permanent availability of all items at all times.
Notwithstanding the reservations of ownership as set out above, all risk in and to the garments shall pass to the Purchaser upon delivery.
The sizes and lengths of the garments/products, as more fully reflected and specified in the catalogue, constitute the only sizes and lengths that are manufactured as part of the NGC DISTRIBUTION and accordingly, exceptions will not be made should such sizes or lengths not match the requirements of the Purchaser. Notwithstanding the above provision, should any particular garment be of an inappropriate size or length, NGC Distribution may agree to alternative arrangements that may meet the Purchasers requirements. NGC Distribution shall have the right, without notice and from time to time, to withdraw, modify, or alter the styles, fabrics and colour of any of its styles without incurring any liability.
PAYMENT AND DELIVERY
Subject to availability and receipt of payment, orders will be processed within 24/48 hours and delivery confirmed by way of e-mail or sms. NGC Distribution will supply all goods to the delivery company in good order.
LEGAL STATEMENTS ON RETURNS
No Cash refunds will be accepted. We accept exchanges to the same value, within 48 hours of delivery if they are unused, in a resalable condition with all tags attached. On exchanging goods on which you have received a discount /offer will no longer apply if you fall below the discount/offer threshold. For hygiene reasons no exchanges are permitted on underwear. To cancel your order it must be done within 24 hours, as long as your goods have not been dispatched. Goods are exchanged to NGC Distribution at your own expense Please retain Proof of Postage as we do not accept responsibility for items lost or damaged in transit. Please note that NGC Distribution has a 48 hour fault and exchange notification period, from the time that the Purchaser has received delivery, thus meaning the the Purchaser has 48 hours from date & time of receiving delivery to notify NGC Distribution of any faults to goods purchased or intention to exchange goods.
Should the Purchaser breach any of the terms of this agreement or fail to make payment on due date of any monies owing by it to NGC Distribution, NGC Distribution may, without prejudice to any other rights which it may have in law, cancel the agreement without any prior notice to the Purchaser and claim any damages it may have suffered as a result of such breach, or claim payment of all monies which are owing to it. The Purchaser will be liable for all expenses incurred by NGC Distribution in exercising any rights arising out of a breach of the Purchasers obligation or failure to pay any monies due by it, including legal charges as between attorney and own client, collection charges and tracing fees.
Should the signatory hereto be a representative of the Purchaser, the signatory warrants that he/she is the duly authorised signatory of the Purchaser and that he/she may bind the Purchaser. The signatory by his/her signature hereto hereby binds himself/herself as surety and co-principal debtor in solidum with the Purchaser to and in favour of NGC Distribution for payment of all sums of money which may at any time be owing by the Purchaser to NGC Distribution in terms of any Order and which sums shall include all interest and any other charges that the Purchaser is liable to pay to NGC Distribution.
Should NGC Distribution be unable to perform any of its obligations as a result of forces beyond its control from any cause whatsoever, NGC Distribution shall be entitled, at its option, to cancel this agreement or to suspend performance of its obligations hereunder and shall not be liable for any loss or damage, consequential or otherwise resulting from such cancellation or suspension.
The Purchaser chooses as its domicilium citandi et executandi for all purposes hereunder, the physical address given by the Purchaser on any Order form. The Purchaser consents and submits to the jurisdiction of the Magistrates Court in respect of all actions or proceedings arising out of this agreement, notwithstanding that the amount of such claim may exceed the jurisdiction of such court. NGC Distribution shall however not be precluded from instituting any action against the Purchaser in the High Court of South Africa. NGC Distribution will be entitled to verify the information contained in the Order and generally to make whatever enquiries it deems necessary. A certificate signed by any manager of NGC Distribution (whose appointment need not be proved) as to the amount due and payable by the Purchaser to NGC Distribution in respect of capital, interest and/or any other amount, and as to any details of any purchase or Order, will be NGC Distribution facie proof of the correctness of the contents thereof and shall be sufficient for the purposes of enabling NGC Distribution to obtain summary judgment or provisional sentence against the Purchaser or the signatory. No amendment, variation, addition, alteration or consensual cancellation of an Order or any term of this agreement by the Purchaser shall be of any force of effect unless recorded in writing and signed and agreed to by NGC Distribution. No Waiver of any of the terms and conditions of this agreement will be binding, for any purpose, unless reduced to writing and signed by such party. Any such Waiver will only relate to that specific Waiver and be for no other purpose.
Every care has been taken to describe items accurately; however slight variations may occur with colour reproduction or text descriptions. We do not warrant that the text descriptions, colours or other content is accurate, complete, reliable, and current or error free.
NGC Distribution shall not be liable for any indirect or consequential loss whether this arises from breach of duty, breach of contract, negligence or any other way.