Terms & Conditions:

All orders accepted by The Supply Guys are subject to the Terms and Conditions of Sale set out below:

1. General

1.1 All orders for products and services on the The Supply Guys website at https://supplyguy.co.za (the “The Supply Guys website”) accepted by The Supply Guys, an company registered in South Africa under registration number 2018/363879/07, are subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by The Supply Guys unless agreed in writing by an authorised signatory of The Supply Guys or expressly stated otherwise in these terms and conditions of sale.

1.2 To the maximum extent permitted by law, all descriptions of the products and services contained on the The Supply Guys website or otherwise communicated to any purchaser of such products or services (the “Customer”) are approximate only and shall not form any part of the contract between The Supply Guys and the Customer. The Supply Guys shall not be liable to the Customer for any error. The Supply Guys or omissions on the The Supply Guys website, the The Supply Guys catalogue or other product advertisement.

1.3 The advertising of products and services on The Supply Guys website is not an offer capable of acceptance; it merely constitutes an invitation by The Supply Guys for the Customer to make an offer to purchase products and services. The Supply Guys’ acceptance of the Customer’s order will take place when The Supply Guys confirms pricing and delivery dates to the Customer in writing, at which point a contract will come into existence between The Supply Guys and the Customer. Each order placed by a Customer shall constitute a separate contract between The Supply Guys and the Customer, to be governed by these terms and conditions.

1.4 Certain products are not stocked by The Supply Guys. Any clauses in these terms and conditions of sale expressly stated to be in relation to Extended Range products will prevail over any inconsistent provisions elsewhere in these terms and conditions of sale.

1.5 The Customer’s attention is required for clause 11, which sets out certain limitations of The Supply Guys’ liability.

2. Prices

2.1 The indicative prices of the products and services are as set out on the The Supply Guys website. The Supply Guys reserves the right to change prices without prior notice at any time. Customer is informed that prices and products in the printed hard copy catalogue are subject to change. Up-to-date information can be found on the The Supply Guys website. In the event of any conflict between prices for any products listed on the The Supply Guys’ website and prices listed in the physical catalogue, prices listed on the The Supply Guys website shall prevail.

If you are a Consumer, please note that the above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer as a result of a change in prices in such ways and in those circumstances listed in the clause. You will also be responsible for, and you accept, various risks, damages and injury which may be suffered by you.

2.2 The price of an ordered product or service will be as set out in the written acceptance communicated by The Supply Guys, together with any applicable discounts. The price for products or services ordered for delivery at a future specified date may be varied by The Supply Guys after the date of order acceptance by written notice to the Customer.

2.3 All prices exclude value-added tax, which The Supply Guys will add at the rate applicable at the date of order acceptance.

3. Ordering

3.1 The Supply Guys reserves the right to decline to trade with any company or person to the maximum extent permitted by law. The Supply Guys may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by The Supply Guys. Further, The Supply Guys may vary or cancel orders prior to collection or delivery of the product which have been accepted by giving written notice of such cancellation to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by The Supply Guys, without incurrence of any penalty or liability. If The Supply Guys reject or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.

3.2 The Supply Guys executes orders to the Customer’s requirements but may provide substitute products where requested by the Customer, or where the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back order to be fulfilled when The Supply Guys next has available stock or be cancelled and refunded to the Customer.

3.3 The Customer must submit orders using the The Supply Guys stock number. The Supply Guys and the priced units used on the The Supply Guys website or in the The Supply Guys’ hard copy catalogue and must specify which delivery option is required. Any confirmation of a previous order by the Customer must be marked ‘CONFIRMATION ONLY’ or otherwise clearly identified as a confirmation to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 (Cancellation and Returns) will apply.

If you are a Consumer, please note that the above clause constitutes an assumption of liability and risk by you, as you undertake to submit orders using the The Supply Guys stock numbers and priced units used on the The Supply Guys website or in the The Supply Guys hard copy catalogue.

4. Delivery

4.1 Subject to any cancellation, substitution or non-fulfilment of Customer’s orders in accordance with clause 3 (Ordering), The Supply Guys will deliver the products specified in the Customer’s order. The Supply Guys may use third party delivery agents to deliver products to Customers.

4.2 The Customer’s delivery options, and the prices for them, are as set out on the The Supply Guys website and will be applied at the date of order or will be notified to the Customer at the time of order.

4.3 Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer’s usual address, unless otherwise agreed in writing.

4.4 The Supply Guys will aim to deliver products in accordance with the times and dates for delivery quoted on the The Supply Guys website or by The Supply Guys’ employees (the ‘Quoted Delivery Times’), but Quoted Delivery Times are approximate only and to the maximum extent permitted by law, The Supply Guys shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked in the hard copy catalogue or on the The Supply Guys website as requiring special handling may (because of the nature of the products) take longer to be delivered.

If you are a Consumer, please note that the above clauses limit your rights and remedies against us, and these clauses limit and exclude your rights to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

4.5 If any delivery has not been made by the Quoted Delivery Time, then subject to the Customer notifying The Supply Guys of such delay, The Supply Guys will endeavour to ascertain if the product has been delivered and will inform the Customer of the status of the delivery or the new expected delivery time. The Supply Guys may also, at its discretion, refund the total delivery charge to the Customer in circumstances where there is a delay in delivery. If a revised delivery time is not acceptable The Supply Guys may also, at its discretion, offer an alternative delivery option. To the maximum extent permitted by law, these are the Customer’s exclusive remedies for late delivery.

4.6 The Supply Guys will aim to deliver Extended Range products in accordance with the lead times published for them on the The Supply Guys website. All such lead times are approximate only, and no other delivery options are available for Extended Range products. The Supply Guys may, following Customer’s order, notify the Customer if The Supply Guys will be unable to fulfil any order for Extended Range products within that published lead time, and may provide alternative options.

5. Inspection, Transit Delays and Non-delivery

5.1 The Customer must inspect the products as soon as is reasonably possible after delivery or collection. The Customer shall, within 30 days of the date of delivery or collection or, in the case of sub-clause iv below, the Quoted Delivery Time or any updated estimated date for delivery, give notice to The Supply Guys in detail of:

i. Any defect in the product that is apparent on reasonable examination. In this case The Supply Guys shall, at The Supply Guys’ discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition.

ii. Any shortfall in products delivered. In this case The Supply Guys shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.

iii. Any delivery of products not in accordance with the order. In this case The Supply Guys shall, at The Supply Guys’ discretion, replace the products or refund the purchase price; or

iv. Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case The Supply Guys shall deliver the undelivered products or refund the price of the undelivered products.

5.2 If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. The Supply Guys’ record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.

If you are a Consumer, please note that the above clauses constitute an assumption of liability and risk by you, as you undertake to inspect the products and tender notice of any defects within 30 days of delivery, collection or Quoted Delivery Time.

5.3 The remedies set out above are the Customer’s exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. To the maximum extent permitted by law, The Supply Guys shall not be liable for any losses, consequential, indirect or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, loss of productivity, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.

If you are a Consumer, please note that the above clauses limit your rights and remedies against us, and these clauses limit and exclude your rights to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

6. Payment

6.1 If The Supply Guys has not granted credit to the Customer, payment terms are cash or credit card with order.

6.2 Credit terms (subject to satisfactory references and at The Supply Guys’ absolute discretion) are available. If credit has been granted, on acceptance of a Customer’s order, The Supply Guys will issue that Customer with an original and valid tax invoice (in a format approved by The Supply Guys) to be issued by The Supply Guys which complies with the Value-Added Tax Act 89 of 1991. Such invoice will be sent by email in PDF format, unless otherwise agreed between The Supply Guys and the Customer. The Customer shall pay the price of the product or service within 30 days from date of statement. Credit facilities may be withdrawn by The Supply Guys at any time with prior notice to the Customer and The Supply Guys reserves the right, in its sole and absolute discretion, to alter the credit facilities or to review the extent, nature and duration of such facilities without being obliged to furnish reasons to the Customer.

6.3 All payments must be made without any set-off, deduction or counterclaim.

6.4 If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:

i. all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and

ii. The Supply Guys shall be entitled to recover all costs that it has incurred in recovering any outstanding sums from the Customer, including but not limited to collection costs and legal costs; and

iii. The Supply Guys may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 4 per cent per annum above the prime overdraft rate published by Absa Bank Limited from time to time.

6.5 A certificate signed by any director or manager of The Supply Guys showing the amount due and owing by the Customer to The Supply Guys at any given time shall be prima facie evidence of the facts stated therein for the purposes of all legal proceedings against the Customer for the recovery of the said amount including for the purposes of summary judgment or provisional sentence.

7. Risk and Ownership

7.1 In the case of products to be delivered to the Customer’s usual address, risk of loss of or damage to the products shall pass to the Customer on delivery, unless the Customer fails to take delivery of the products, in which case such risk shall pass to the Customer at the time when The Supply Guys has attempted to deliver the products. In the case of products which the Customer orders to be collected from an The Supply Guys trade counter, risk of damage or loss to the products shall pass to the Customer at the time of collection.

7.2 Ownership of any product supplied shall not pass to the Customer until full payment of the purchase price of the products and of all other amounts owing to The Supply Guys has been made (in cash or cleared funds). If the Customer is late in paying any sum to The Supply Guys, then The Supply Guys shall be entitled to the immediate return of all products where ownership has not passed to the Customer. The Customer authorises The Supply Guys and its agents to recover any such products in such circumstance, and to enter any premises of the Customer for that purpose.

7.3 Demand for or recovery of the products by The Supply Guys shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or The Supply Guys’ right to sue for the whole of the price.

If you are a Consumer, please note that the above clauses limit your rights and remedies against us, and these clauses limit and exclude your rights to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

8. Product and Availability Information

8.1 The Supply Guys reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any The Supply Guys catalogue. The most up to date information on the availability and design of the products are available on the The Supply Guys website.

8.2 Unless otherwise confirmed in writing, nothing on the The Supply Guys website or in any The Supply Guys catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

If you are a Consumer, please note that the above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

9. Warranties and Remedies

9.1 The Supply Guys warrants that no product purchased from The Supply Guys is materially defective.

9.2 In the event of any such product being materially defective, and subject to the provisions of clause 5 (Inspection, Delivery, Delays and Non-Delivery) surrounding defects apparent on delivery, The Supply Guys will (at its option) replace or repair the product or refund the purchase price.

9.3 The Supply Guys warrants that any service purchased from The Supply Guys as referred to in clause 13 (Services) will be provided using reasonable care and skill. If any such service falls short of this standard, The Supply Guys will, at its option, either re-provide the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product.

9.4 These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of The Supply Guys.

9.5 To the maximum extent permitted by law, the remedies set out in this clause 9 shall be the Customer’s sole remedies for any breach of warranty and in respect of the supply or non-supply of products and/or services.

9.6 The availability of the remedies set out in this clause 9 is subject to:

i. a claim being made in writing to The Supply Guys, prior to the return of any defective product, and within 12 months of the original date of despatch or date of service, or such other periods as may be indicated by The Supply Guys for specific products or services from time to time in writing; and

ii. the Customer returning or disposing of the relevant products or making them available for collection by The Supply Guys, in accordance with The Supply Guys’ instructions and suitably packaged. For any returns, the Customer must obtain a returns number from The Supply Guys and quote this on all paperwork and state the original invoice number in respect of the products and the nature of any claimed defect.

If you are a Consumer, please note that the above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer to the extent that this is permitted by applicable laws. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

9.7 Where the Customer returns defective products otherwise than in accordance with these provisions, The Supply Guys may refuse such products and return them to the Customer at the cost of the Customer.

9.8 Any products which are replaced by The Supply Guys shall become the property of The Supply Guys. Title to replacement products shall pass to the Customer in accordance with the provisions of clause 7 (Risk and Ownership), and the period of the replacement product’s warranty shall be the unexpired period of the defective product’s warranty.

9.9 Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill).

9.10 Except as required by law, The Supply Guys will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on The Supply Guys by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

If you are a Consumer, please note that the above clauses limit your rights and remedies against us, and these clauses limit and exclude your rights to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

10. Export Control and Limitations of Use

10.1 The Customer shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide products to any country or entity under sanction or embargo administered by the United Kingdom, the United States of America, the European Union or other country.

10.2 The Customer represents, warrants and undertakes to The Supply Guys that products it purchases from The Supply Guys will not be used, sold or incorporated into products used directly or indirectly in the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.

If you are a Consumer, please note that the above clauses constitute an acknowledgment of certain facts by you and you will not be able to deny these statements as true. We may take action against you and may have claims against you as a result of these statements.

10.3 Products sold by The Supply Guys are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.

If you are a Consumer, please note that the above clause limits your rights and remedies against us, and the clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

11. Liability

11.1 To the maximum extent permitted by law, The Supply Guys shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, productivity, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors.

11.2 To the maximum extent permitted by law, The Supply Guys shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits, loss of productivity or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between The Supply Guys and the Customer, or of any order accepted by The Supply Guys; (ii) any duty of any kind imposed on The Supply Guys by law arising out of or in relation to the contract between The Supply Guys and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.

11.3 If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9 (Warranties and Remedies), 10 (Limitations of Use) and 11 (Liability), any liability attaches to The Supply Guys, The Supply Guys’ liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, delict or otherwise in respect of one or more of (i) any express or implied terms of the contract between The Supply Guys and the Customer, or of any order accepted by The Supply Guys; (ii) any duty of any kind imposed on The Supply Guys by law arising out of or in relation to the contract between The Supply Guys and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale, shall be limited to the lesser of R1,000,000 or the total value of the order.

If you are a Consumer, please note that the above clauses limit your rights and remedies against us, and these clauses limit and exclude your rights to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

12. No Fault Cancellations and Returns

12.1 The Supply Guys may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product subject to The Supply Guys recovering from the Customer the costs incurred by THE SUPPLY GUYS, and subject to the processing charge provided for in this clause 12.

12.2 In the event of cancellation of part of any order only, The Supply Guys may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered, taking into account volume discounts applied to such order.

12.3 For Customers other than Consumers, a reasonable processing charge may apply in respect of all products returned other than due to defects covered by the warranty at clause 9.

12.4 Customers may only return products to The Supply Guys, and receive a c redit or refund or replacement on the following conditions:

i. The Customer should contact The Supply Guys to obtain a returns number (to be quoted on all relevant paperwork)

ii. Return must be made within 30 days of the date of delivery (as stated on the delivery documentation) or collection of such product(s).

iii. Products must be returned to The Supply Guys in their original condition and packaging and in a condition, which will enable them to be immediately fit for re-sale;

iv. The Customer must follow any specific instructions which appear on the The Supply Guys website with any product regarding its return to THE SUPPLY GUYS; and

v. The Customer must quote the Returns Number on the parcel being returned.

12.5 Where the Customer returns products to The Supply Guys not in accordance with clause 12.4 (i) – (v) above (for example, after the period for returns has expired or in an unfit state) The Supply Guys may refuse to accept the return and return the products to the Customer at the Customer’s expense or may apply a handling charge which relates to the actual cost of reprocessing.

12.6 This no fault returns policy excludes software, calibrated products, production packaging products, non-catalogue products, extended range products, specially manufactured products and any products marked as non-cancellable (NC) or non-returnable (NR).

12.7 The Supply Guys accepts no responsibility for any loss of or damage to products in transit from Customer to The Supply Guys where The Supply Guys has not provided the collection Services.

If you are a Consumer, please note that the above clauses limit your rights and remedies against us, and these clauses limit and exclude your rights to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

13.Privacy

We respect your privacy and your personal information. We will take all reasonable measures, in accordance with our Privacy Policy, to protect your personal information and to keep it confidential.

As a result of your electronic or other communication with us, we may send electronic messages or other communications of a commercial nature to you, you hereby grant permission that we may send such communications, which permission may be revoked by you in writing. We may also use this information to compile profiles for statistical purposes and use such profiles in the course of our business, but these profiles or statistical data will never be able to be linked to your specific profile and contact details by any third party.

14. Compliance with laws, instructions and warnings

The Customer must, at all times:

i. comply with all relevant laws, regulations and standards relating to the products, including but not limited to the loading, storage, stacking, handling and use thereof;

ii. comply with the instructions provided by The Supply Guys in relation to the products and the handling and use thereof;

iii. take proper notice of the warnings provided by The Supply Guys in relation to any hazards associated with the products or the handling or use thereof;

iv. to the extent applicable, communicate the items listed in (i) to (iii) above to all persons to whom the Customer supplies the goods; and

v. ensure that the persons referred to in (iv) above undertake to communicate the items listed in (i) to (iii) above to all persons to whom they supply the goods, and so on down the supply chain until the goods reach the end user.

If the Customer exports the products:

vi. the Customer shall comply with all applicable export controls and shall comply with any applicable The Supply Guys policy in force from time to time (if there is any conflict between the two, the export controls shall prevail); and

vii. it is the Customer’s sole responsibility to ensure that it complies with all laws and regulations applicable to exports.

As far as the law allows, the Customer hereby indemnifies and holds The Supply Guys harmless from and against all actions, claims, costs, demands and expenses incurred or suffered by The Supply Guys arising out of the breach by the Customer of this clause 14.

The above clause requires you to indemnify and hold The Supply Guys and other persons or entities harmless from and against claims, loss, damages, and harm that may be suffered by The Supply Guys and other persons or entities as a result of the events set out in the above clause. You are also required to indemnify The Supply Guys and other persons and entities against claims for loss, damages, and harm that may be made by any person or entity as a result of the events set out in the above clause. This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claim.

15. Breach

If the Customer breaches any obligation owed by it to The Supply Guys whether under these terms and conditions of sale or otherwise and fails to remedy such breach (if such breach is capable of remedy) within 7 days of receipt of written notice from The Supply Guys requiring it to do so, The Supply Guys shall be entitled, without prejudice to any other remedies to which it may in law be entitled, to:

i. claim immediate payment of all amounts payable by the Customer to The Supply Guys notwithstanding that such sums would not otherwise be due until a later date;

ii. suspend performance of any obligation owed by it and to claim any additional costs and expenses incurred by it as a result thereof;

iii. cancel the contract; and/or

iv. to retain, as a penalty, all amounts paid by the Customer or alternatively to claim such damages as it may have suffered.

The Customer shall be liable to pay all expenses and legal costs, including attorney and client costs and collection commission, which The Supply Guys may incur in taking any steps pursuant to any breach of these terms and conditions of sale by the Customer.

In addition to any and all other legal remedies available to The Supply Guys in law, The Supply Guys may, to the maximum extent permitted by law, immediately cancel this contract or any other contract between the parties with no notice to the Customer if the Customer:

v. becomes Financially Distressed, or any persons undertakes or proposes any activity contemplated in (ii) or (iii) of clause 15;

vii. is liquidated (provisionally or finally, voluntarily or compulsorily);

viii. effects a general compromise or any other arrangement with its creditors; and/or

ix. suffers any judgment to be granted against it and fails to meet the judgment or take steps to set it aside or rescind it, within 30 days of it being granted.

16. Force Majeure

A force majeure event is any event beyond the reasonable control of The Supply Guys (including but not limited to strikes, traffic congestion, the downtime of any external line, or The Supply Guys’ inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If The Supply Guys is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then The Supply Guys shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, The Supply Guys may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

17. Law and Jurisdiction

17.1 The contract between The Supply Guys and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and the Customer submits to the non-exclusive jurisdiction of the High Court of South Africa.

17.2 Customers, who are Consumers, may submit any disputes with The Supply Guys for resolution to the relevant industry Ombudsman or such other forum as specified in applicable laws.

17.3 If any part of these terms and conditions of sale is found to be unenforceable by any court or competent authority or would be found to be unenforceable if it were interpreted or construed in a particular way, then it is the parties’ express intention that the relevant wording should be interpreted or construed so as to avoid such a finding and that, in the event of such a finding, the remainder of the provision in question shall be interpreted or construed to give it full effect.

17.4 No express term of these terms and conditions nor any term implied under it confers any benefits or rights to any third party.

18.External links

External links may be provided for your convenience, but they are beyond the control of The Supply Guys and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links, you must refer to that external terms and conditions of use. You may not establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (“linking”) to this website or any other subsidiary pages without The Supply Guys’ prior written consent, which consent is at The Supply Guys sole discretion.

19.Copyright and Intellectual Property Rights

Copyright and Intellectual property rights in all materials, texts, drawings and data made available on the Site (collectively “the materials”) are owned by The Supply Guys. The Supply Guys is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights, save that you may use the materials or any component thereof for your own internal purposes. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of The Supply Guys. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of The Supply Guys.

Copyright and all intellectual property rights including vests with The Supply Guys.

20.Privacy

The Supply Guysrespect your privacy and your personal information. The Supply Guys will take all reasonable measures, in accordance with our Privacy Policy, to protect your personal information and to keep it confidential.

As a result of your electronic or other communication with The Supply Guys, The Supply Guys may send electronic messages or other communications of a commercial nature to you, you hereby grant permission that The Supply Guys may send such communications, which permission may be revoked by you in writing. The Supply Guys may also use this information to compile profiles for statistical purposes and use such profiles in the course of The Supply Guys business, but these profiles or statistical data will never be able to be linked to your specific profile and contact details by any third party.

21.Full legal age

In using The Supply Guys website you represent and warrant that you are of full legal age, or are emancipated and have the required legal capacity to enter into and be bound by these Terms or any other product agreement regarding your use of the website.

22.Security

Information that is transmitted over the Internet or via other networks (wireless or otherwise) may be subject to interception. While The Supply Guys will take all reasonable precautions to ensure that the Site is secure, The Supply Guys shall not be liable for any loss or damage you suffer as a result of your use of the Site. Information that is transmitted over an unsecured link or communication system is susceptible to unlawful monitoring, distortion and/or access.

 

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