Standard Terms & Conditions of Sale
Updated 30 March 2022
Term and Conditions: Table of Contents
1. Sale and Purchase of Goods
Karo Manufacturing (Pty) Ltd (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description described in this website and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
2. Purchase Price
The Buyer agrees to pay the Purchase Price of the Goods as per Karo Manufacturing’s website. No deviations from this price list will be allowed unless agreed to beforehand in writing by Karo Manufacturing (Pty) Ltd.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by the Buyer as shown on the website.
Unless otherwise agreed in writing, delivery shall be made in accordance with Karo Manufacturing’s shipping policy in effect on the date of shipment. Delivery dates provided by Karo Manufacturing (Pty) Ltd are estimates only. Karo Manufacturing (Pty) Ltd will make reasonable efforts to deliver in accordance with such dates; however, Karo Manufacturing (Pty) Ltd will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Karo Manufacturing (Pty) Ltd. Goods shall be packaged according to Karo Manufacturing’s standards and practices.
5. Product Warranty
The warranty period for every product (or product range), is clearly stipulated on our website on each individual product page. This warranty only applies to Karo Manufacturing (Pty) Ltd products sold and used in the Republic of South Africa. Refer to product warranty and product returns policy.
6. Disclaimer of Guarantee/Limitation of Liability
Karo Manufacturing (Pty) Ltd undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which the Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Karo Manufacturing (Pty) Ltd disclaims all other warranties and conditions, express or implied.
Karo Manufacturing (Pty)Ltd (including its subsidiaries, affiliates, officers, directors, employees, agents or subcontractors, all of which are referred to herein collectively as the “seller affiliates”) shall not be liable under any circumstance to the Buyer or any other party for any special, consequential, incidental or exemplary damages arising out of or in any way connected with the goods or otherwise, including but not limited to damages for lost profits, loss of the goods or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, the buyer’s time, lost data, injury to property or any damages or sums paid by the buyer to third parties, even if Karo Manufacturing (Pty)Ltd or any of the seller affiliates has been advised of the possibility of such damages. the foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.
In no event shall Karo Manufacturing (Pty)Ltd or any seller affiliate be liable to the buyer or any other party for loss, damage, or injury of any kind or nature arising out of or in connection with these terms and conditions in excess of the net purchase price of the goods actually delivered to and paid for by the buyer hereunder.
Karo Manufacturing (Pty)Ltd disclaims any warranties of non-infringement with respect to the goods and none of Karo Manufacturing (Pty)Ltd or any seller affiliate shall have any duty to defend, indemnify, or hold harmless buyer from and against any or all damages or costs incurred by buyer arising from the infringement of patents or trademarks or violation of copyrights by any of the goods.
7. Force Majeure
Karo Manufacturing (Pty) Ltd shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to national, provincial or municipal action, statute, ordinance or regulation, strike or other labour trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labour, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Karo Manufacturing (Pty) Ltd, which causes delays or hinders the manufacture or delivery of Goods. Karo Manufacturing (Pty) Ltd shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
The Buyer may not assign this Agreement without Karo Manufacturing’s written consent. Karo Manufacturing (Pty) Ltd is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Karo Manufacturing (Pty) Ltd. Any additional or altered terms attached to any order submitted by the Buyer shall be null and void, unless expressly agreed to in writing by Karo Manufacturing (Pty) Ltd. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the Republic of South Africa, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; the Buyer submits to the exclusive jurisdiction and venue of the courts of the Republic of South Africa and hereby waives any objection to such jurisdiction and venue.
9. Contact us
Contact Us to resolve a complaint regarding the Site or to receive further information regarding use of the Site.