These conditions apply to sales, service as well as all statements made by Bohle in catalogues, brochures, price lists, quotations, on the internet or verbally. Variations of these conditions are only valid if confirmed by Bohle in writing. Any other terms or conditions are excluded. Placing an order means acceptance of these conditions. Bohle may change their sales conditions at their discretion.
Orders received by mail, internet, phone or fax are only binding when accepted by Bohle. Customers are encouraged not to place orders via telephone to avoid misunderstandings and incorrect goods being ordered.
3. Price & Payment Terms
Quotations are only valid in writing and for the stated period. Bohle reserves the right to change products at any time but guarantee at least equivalent functionality and performance. Prices are to be understood in R (Rands), net, ex-warehouse, excluding VAT, transport cost, insurance and installation. Bohle reserves the right to adjust prices due to exchange rates, production cost, duties, insurance, freight and other purchase costs (incl. for components & services). Please note that deliveries of small but unwieldy orders (such as L-squares, straight edges, mirror profiles etc.) cause relatively high transport cost. Consolidate such products with other orders and ask for transport cost prior to delivery. Our staff will be happy to be of assistance. Payment is to be made either in advance (EFT) or by irrevocable, confirmed letter of credit issued to our indicated bank, by cheque or credit card. Other payment conditions have to be agreed upon prior to accepting the order. Bohle may suspend deliveries or service until having received full payment. Any costs involved with receiving a late payment are for the account of the purchaser and will not be waived. Cheques may only be accepted conditionally. The Seller shall be entitled to charge interest at the rate as stipulated by the National Credit Act regulations of South Africa. The Seller shall also be entitled to charge such reasonable costs as it may incur in recovering any overdue balance.
Deliveries take place from our warehouses from the most appropriate location for Bohle. The delivery period stated in any order confirmation is approximate. Delays in delivery do not justify any kind of compensation. We reserve the right to supply similar articles in case the products ordered are not available or have been modified. Partial deliveries may be made. Title to product passes on full payment only. Until then the purchaser has to insure and store the goods separately and may not modify, pledge or sell them. On request the products have to be made available to Bohle for re-collection. Should the purchaser sell the goods before the title has passed, the proceeds of that sale shall be held on Bohle's behalf, separately from the purchaser's general funds. If the purchaser refuses to accept a delivery without Bohle's agreement, he must pay Bohle's expenses or loss resulting from that refusal, including storage costs, until he accepts delivery. Until title of the goods has passed to the Buyer, the Buyer shall not purport to be the owner of the goods and shall not show such goods as stock in its accounts.
Delivered products have to be inspected by the purchaser promptly after receipt of the delivery. If the purchaser does not claim any discrepancies in the delivery within 3 working days after receipt of the shipment in his warehouse or elected delivery address, the goods are considered as accepted in full. Should Bohle agree to return products, they must be in their original condition (unused, undamaged, in original packaging) and accompanied by a return note as well as proof of purchase. Any return charges are for the purchaser's account, a 10% handling fee will be charged to the purchaser for any goods returned through no fault of supply; all machinery parts, machines and special articles are excluded from acceptance of return to Bohle due to purchaser’s incorrect or cancelled orders. Goods received in an obviously damaged condition (damaged packaging) should be either rejected by the purchaser, or his representative, on delivery, or, if signed for, then signed for as "Received in damaged condition", regardless of carrier paperwork instructions and of carrier driver information. Failure to do this will result in any claim for damage being rejected.
Bohle guarantees that their products will be free from defects for 6 months after date of invoice. Should a product be defective within this period, Bohle will repair or replace it within a reasonable time. Bohle is allowed to examine the product at the purchaser's or Bohle's premises (at Bohle´s choice). Any return of goods has to be approved by Bohle in writing before being effected. Any shipments sent payment collect will not be accepted. Bohle will not accept warranty protection claims for damage caused by incorrect installation, use, modifications or repair by the purchaser or any unauthorised 3rd party.
Any liability exceeding the replacement of faulty material is generally excluded. This refers especially to any indirect or consequential loss, damages or expenses.
8. Personal Information
The customer agrees to give, where applicable, honest, accurate and current information about themselves to Bohle and to maintain and update such information when necessary.
Bohle may process the customer’s personal information during the course of various activities, including, without limitation, the following
- the carrying out and operation of its business;
- supplying goods and/or services to the customers;
- to comply with applicable law, legal obligations and to protect Bohle’s legitimate business interests;
- compliance with statutory and regulatory requirements in respect of the storage and maintenance of documents and information;
- to comply with information requests by regulators or bodies lawfully requesting the information;
- internal purposes such as training and monitoring;
- for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defence of legal rights;
- compliance with applicable law and fraud prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including, but not limited to, safeguarding against, and the prevention of threats to, public security;
- to any relevant third party acquirer(s), in the event that Bohle sells or transfers all or any portion of its business or assets (including, but not limited to, in the event of a reorganization, dissolution or liquidation);
- relationship management and marketing purposes in relation to Bohle’s business (including, but not limited to, the development and improvement of business), for accounts management and for marketing activities in order to establish, maintain and/or improve the relationship with purchaser; and
- statistical purposes.
Bohle may collect or obtain personal information about the purchaser directly from the purchaser or in the course of Bohle’s business relationship with the purchaser. Bohle may also receive personal information about the purchaser from third parties (e.g. law enforcement authorities, public databases, etc.).
Bohle may share the purchaser’s personal information to third parties, such as group companies and service providers for legitimate business purposes. Bohle may transfer the customer’s personal information to countries outside of the Republic of South Africa, whose laws protecting personal information may not be as stringent as the Protection of Personal Information Act 4 of 2013. The purchaser consents to Bohle processing its personal information in a foreign country whose laws regarding processing of personal information may be less stringent.
9. Force Majeure
Bohle is not liable for delays in delivery or service caused by circumstances beyond their reasonable control and will be entitled to a delivery time extension for the fulfillment of the order.
Only South African law applies and the exclusive place of jurisdiction for all legal disputes is South Africa.