Please pay specific attention to any clause in bold! Please note that this
Contract requires you to take on risk or liability, limit the risk and
liability of DSE Group and to indemnify DSE Group. Please read it carefully and
ask if you have any questions!
1.1) These terms and conditions
of sale of goods (“Contract”) apply to all goods supplied via www.DSE-Group.co.za
(“Website”) or directly by DSE Group,
1.2) All references to “Customer” to refer to the person or
juristic person who the products are marketed or supplied to by DSE Group,
including Dealers and Retail Customers.
1.3) This Contract will come into
force between the Customer and DSE Group for the sale of any goods when DSE
Group has –
1.3.1) received the Customer’s
order (“Order”) for the goods (“Goods”)
1.3.2) accepted the Order by issuing the Customer with a
proforma invoice (“Proforma Invoice”) or in the case where no Proforma Invoice
is issued, a tax invoice (“Tax Invoice”).
1.4) Once the above requirements
have been met, there is a legally binding contract between the parties.
1.5) DSE Group reserves the right
to vary or amend the terms of this Contract from time to time with regards to
future sales. The Customer may request a free copy of the latest Contract from DSE
2.) DEALER AND RETAIL CUSTOMERS
2.1) Customers who have applied
and been accepted as registered dealers for DSE Group (“Dealers”) will receive
2.2) All Customers who are not
Dealers are considered to be retail Customers (“Retail Customers”) and retail
prices will apply.
3.) PRICES AND AVAILABILITY OF GOODS
3.1) Prices displayed on the
Website are Retail price Including VAT.
3.2) Dealer pricing applies only
to Registered Dealer Customers.
3.3) All prices are exclusive of
3.4) The images of the Goods on
the Website are for illustrative purposes only and may differ from the actual
3.5) The prices of the Goods are
as per the DSE Group prices at the time of the Order or quotation (“Quotation”),
however prices are linked to the Rand - US Dollar exchange rate and are subject
to change until date of Proforma Invoice or Tax Invoice, whichever is issued
3.6) The price payable by the
Customer will be the price as at the date of the Tax Invoice, this price may
differ to the price on the Website or Quotation due to the fluctuation in the
exchange rate of the Rand.
3.7) The Goods are subject to
availability of stock. If on receipt of the Order, the Goods the Customer has
ordered are not available in stock, DSE Group will inform the Customer as soon
3.8) Availability of stock from
third party affiliate suppliers may also affect the prices. Every effort is
made to ensure that prices shown on the Website are accurate at the time the
Customer places the Order. If an error is found, DSE Group will inform the
Customer as soon as possible and offer the Customer the option of reconfirming
the Order at the correct price, or cancelling the Order. If DSE Group does not
receive an Order confirmation within 10 (ten) business days of informing the
Customer of the error, the Order will be cancelled automatically. If the
Customer cancels the Order, or if the Order is cancelled automatically due to
the expiry of the 10 (ten) business day period, DSE Group will refund the
Customer the price paid for the Goods, if any.
3.9) DSE Group has the right to
change the prices of the Goods from time to time without prior notice to the
4.) PLACING OF ORDERS
4.1) DSE Group will accept
written (including via the Website) and verbal Orders. DSE Group will not be
responsible for any errors or misunderstandings occasioned by the Customers’
failure to place a written Order.
4.2) If telephone Orders are
placed by the Customer, DSE Group may require such Orders to be confirmed in
writing by the Customer, prior to acceptance thereof by DSE Group.
4.3) In the event that Goods are
not collected within 1 (one) week of placement of the Order, DSE Group reserves
the right to cancel the Order.
4.4) Orders for non-standard
Goods (“Special Order Goods”) (local or international) and Orders for large
quantities of Goods will require the Customer to pay a 80% (eighty per cent)
deposit of the estimated Order value to DSE Group.
4.5) In the event that the
Customer cancels the Order for Special Order Goods or Order for large
quantities at any time after acceptance thereof by DSE Group, DSE Group shall
be entitled to charge the Customer a reasonable penalty fee in accordance with
the Consumer Protection Act. The penalty fee payable will be 50% (fitty per
5.1) Payment terms are strictly
cash on delivery (“COD”) unless a credit facility has been approved by DSE
5.2) For Customers with credit
facilities authorised by DSE Group, payment is strictly 7 (seven) days from
date of the statement (“Statement”).
5.3) Payment can be made by
electronic funds transfer (“EFT”) directly into DSE Group’s bank account. Cash
will only be accepted in store.
5.4) DSE Group will provide the
Customer with a Invoice with delivery of the Goods.
5.5) The Customer shall not withhold payment or make set offs or
deductions from any payment due by it for any reason whatsoever. No extension
of payment of any nature will be granted unless reduced to writing and signed
by the Customer and a duly authorised representative of DSE Group.
5.6) DSE Group shall have the
right to suspend deliveries, refuse to accept Orders and exercise its rights in
terms of clause GRANTING AND WITHDRAWAL OF CREDIT if any amount due by the
Customer is unpaid or the Customer’s credit limit is exceeded.
5.7) If any amount owed is not
settled in full on due date or on demand, DSE Group is entitled to, without
prejudice to any of its rights;
5.7.1) immediately institute
action against the Customer;
5.7.2) hand the Customer over to its attorneys for collection of
the outstanding debt, the Customer shall be liable for any legal costs incurred
related to such collection.
5.8) list the defaulting Customer as a defaulter with credit
bureaux in line with Regulation 19(4) of the National Credit Act 34 of 2005.
5.9) DSE Group does not accept
payment via cheque.
5.10) No discount or extension is
allowed unless agreed to in writing by a duly authorised representative of DSE
6.) GRANTING AND WITHDRAWAL OF CREDIT
6.1) DSE Group will only consider
credit applications from Dealers.
6.2) DSE Group’s decision to
grant credit to the Dealer and the nature and extent thereof is at the sole
discretion of DSE Group.
6.3) In order to assess whether
credit will be granted, the Dealer consents to a credit check to be conducted
by DSE Group through credit bureaux.
6.4) DSE Group reserves the right
to withdraw, increase or decrease any credit granted at any time.
6.5) A Dealer with approved
credit facilities as aforesaid hereby undertakes to ensure that any credit
limit approved by DSE Group is never exceeded. Accordingly the Dealer hereby
agrees and undertakes to promptly make whatsoever payments are necessary to
ensure that any such credit limit is never exceeded. No Orders of the Dealer
will be executed by DSE Group while any such credit limit is exceeded or any
payment is overdue beyond the payment period set out above.
6.6) Where credit facilities of
the Dealer have been withdrawn by DSE Group, the Dealer agrees to make payment
on a COD basis.
7.1) Goods will only be released
once payment has been received by DSE Group.
7.2) Any delivery note (copy or
original) (“Delivery Note”) signed by the Customer and/or its authorised
representative and/or its nominated agent and held by DSE Group, shall be prima
facie proof that delivery was made to the Customer.
7.3) The Customer must inspect
the Goods on receipt and be satisfied that the Goods conform in all respects to
the quality and quantity ordered and are free from any defects.
7.4) Upon receipt of the Goods
the Customer will be asked to sign for the Goods received in good condition. If
the package does not appear to be in good condition, or the Customer is unable
to check the contents then please refuse the delivery. Failure to do so may
affect any warranty claims that the Customer may make thereafter.
7.5) DSE Group reserves the right
to charge delivery charges.
7.6) The Customer may elect to
instruct the preferred third party courier as elected by DSE Group to deliver
the Goods purchased, the delivery charges will be added to the Tax Invoice,
alternatively the Customer may elect to instruct their own courier service for
collection of the Goods and pay that courier directly. In either circumstance,
the Customer indemnifies DSE Group against any claims of any nature whatsoever
that may arise therefrom.
7.7) When authorising DSE Group
to engage a Third Party Courier, the Customer understands and agrees that
7.7.1) the Customer and the
preferred courier will be the parties to the Courier Service Agreement.
7.7.2) the Customer is bound by
the terms and conditions of the preferred courier available on request from DSE
Group or from the courier directly.
7.7.3) the Customer will be
liable for the couriers’ fees and same will be added to the Customer’s invoice,
and payment thereof is as per the existing, agreed payment terms with DSE Group.
7.8) All risk in the goods passes
to the Customer when the Customer collects the goods from DSE Group. Should the
Customer elect to use the preferred courier, DSE Group shall not be liable for
any damage to, or loss of the goods once they leave the premises of DSE Group.
All risk in the goods passes to the Customer once handed over to the preferred
third party courier. An invoice, signed by the courier shall be proof that the
order was collected by the courier on behalf of the Customer. The Customer
hereby indemnifies DSE Group from any claims of any nature whatsoever that
might arise from engaging the preferred courier's services, unless such claim
arises as a result of gross negligence on the part of DSE Group.
7.9) When using the preferred
7.9.1) limited insurance may be
included but is not guaranteed. Please confirm with a Sales Consultant at the
time of carriage. Though not compulsory, it is advisable that the Customer
takes out additional insurance (making use of your own personal insurance
company) for the goods valued in excess of any insured amount (if any), while
7.9.2) Any complaints regarding
damaged and/or missing goods will be made by the Customer to the couriers
7.9.3) The turn-around time given
for delivery is an estimate and DSE Group can not be held liable should the
courier not deliver on time.
7.9.4) Delivery coverage areas
may be adjusted from time-to-time by the preferred couriers. DSE Group Sales
Consultants should be contacted to verify coverage.
7.9.5) The preferred courier
rates relevant to DSE Group per coverage area are available from our Sales
7.10) DSE Group is entitled to
engage a third party courier to transport Goods to or from the Customer on its
7.11) A delivery date is only an
estimate as to when the Goods will be delivered, DSE Group does not guarantee
that the Goods will be dispatched or delivered on any particular date and time,
and the Customer shall have no claim against DSE Group in respect of any loss
occasioned by any reasonable delay in dispatch or delivery of any Goods
ordered, nor may the Customer cancel any Order by reason of such delay.
7.12) The Customer undertakes to
grant access to DSE Group, its subcontractors and/or their respective employees
to deliver the Goods ordered at such premises, and neither DSE Group, its
subcontractors nor their respective employees shall be liable for any loss
and/or damage caused, whether be negligence or otherwise, to any person and/or
property, and/or consequential loss or damages arising from the entry and/or
activities of DSE Group, its subcontractors and/or their respective employees,
effecting delivery of the Goods ordered.
7.13) DSE Group shall be entitled
to split the delivery of the Goods ordered in the quantities and on the dates
it decides with the prior consent of the Customer, which consent shall not be
8.) OWNERSHIP AND RISK
8.1) As stated above, all risk in
the goods passes to the Customer when the Customer collects the goods from DSE
Group. Should the Customer elect to use the preferred courier, DSE Group shall
not be liable for any damage to, or loss of the goods once they leave the
premises of DSE Group. All risk in the goods passes to the Customer once handed
over to the preferred third party courier. An invoice, signed by the courier
shall be proof that the order was collected by the courier on behalf of the
Customer. The Customer hereby indemnifies DSE Group from any claims of any
nature whatsoever that might arise from engaging the preferred courier's
services, unless such claim arises as a result of gross negligence on the part
of DSE Group.
8.2) Ownership in all Goods sold
and delivered shall remain vested in DSE Group until the full purchase price
has been paid.
9.) RETURN OF GOODS
9.1) Return of Goods that did not
match the Order
9.1.1) If the Goods do not match
what was ordered, the Customer is requested to notify DSE Group as soon as
possible after delivery and the Goods must be returned to DSE Group within 10
(ten) business days after delivery.
9.1.2) If the Goods are returned
because they did not match what was ordered and the Goods are not in their
original condition and repackaged in their original packaging, DSE Group may be
entitled in terms of the Consumer Protection Act to charge a reasonable amount
for use of the Goods during the time they were in the Customer’s possession,
any consumption or depletion of the Goods, or for necessary restoration costs
to render the Goods fit for re-stocking.
9.2) Return of defective Goods
9.2.1) All Goods sold have a 1
(one) year warranty against defects. The Customer must keep their proof of
purchase to verify the date of purchase. Please note that, in terms of the
Consumer Protection Act, this warranty may fall away if the Goods have been
altered contrary to instructions or after leaving the control of DSE Group.
9.2.2) If the Goods are returned
within 1 (one) year of purchase, and has been proven to be defective by a DSE
Group technician, DSE Group, at it's election, shall either replace, repair or
refund the Goods.
9.2.3) Any Goods damaged due to
power surges, black outs or lightning will not be exchanged under warranty.
9.2.4) The Customer hereby agrees
that any item under warranty returned for a repair may be sold by DSE Group to
defray the cost of such repair if the item remains uncollected for a period of
30 (thirty) days after the repairs have been completed.
9.3) Return of unwanted Goods
9.3.1) DSE Group reserves the
right to charge a handling fee of up to 15% (fifteen per cent) of the value of
the returned Goods in the event that a Customer cancels an Order and DSE Group
accepts the return of unwanted Goods. DSE Group will only entertain such
requests if made within 10 (ten) business days of delivery of the Goods.
In the event of either party
committing a breach of this Contract and failing to remedy such breach within 7
(seven) days of receipt of a written notice to this effect from the other party
then the aggrieved party shall, be entitled to, without prejudice to any of its
other rights in law, claim specific performance or to cancel this Contract
forthwith upon written notice to the defaulting party, without prejudice to its
right to recover any amounts that may be due to it in terms of this Contract
and any loss or damage suffered as a consequence of the breach or the
cancellation of this Contract.
11.) WAIVER AND INDEMNITY
11.1) To the extent permitted by
law, DSE Group shall not be liable to the Customer nor to any third party for
any loss, claim, damage, injury or death of whatsoever nature, howsoever
arising (including consequential or incidental loss) unless such loss, claim,
damage, injury or death arises from gross negligence on the part of DSE Group.
11.2) The Customer shall not
duplicate copyrighted material. In the event of the Customer duplicating
copyrighted material, each attempt to do so will immediately render the full
prevailing price in respect thereof payable to DSE Group.
12.) LEGAL PROCEEDINGS
12.1) This Contract shall be
governed and construed under and in accordance with the laws of the Republic of
South Africa and DSE Group shall, at its option and notwithstanding that the
amount of its claim or the nature of the relief sought exceeds the jurisdiction
of the Magistrate’s Court, be entitled to institute action out of such court.
12.2) The delivery address
provided by the Customer as reflected in the Order, Quotation, Proforma Invoice
or Tax Invoice shall be the Customer’s domicilium for all purposes in terms of
this Contract for giving of any notice, the payment of any sum, the serving of
any process and for any other purpose arising from this Contract. DSE Group
chooses its domicilium address as Unit 18 & 19 Drill Park, 3 Drill Avenue,
Montague Gardens, Cape Town, South Africa.
12.3) A notice in terms of this
Contract shall be presumed to have been duly given, if delivered by hand, on
the date of delivery, if sent by post, 7 (seven) days after posting, if sent by
facsimile, on the day that the facsimile is transmitted, if sent by email, the date
of the “Read Receipt” notification.
13.1) This Contract represents
the entire agreement between DSE Group and the Customer and shall govern all
future contractual relationships between DSE Group and the Customer.
13.2) The terms of this Contract
supersede all previous agreements between the parties, without prejudice to any
securities or guarantees held by DSE Group.
13.3) No amendment and/or
alteration and/or variation and/or deletion and/or addition and/or cancellation
of this Contract, whether consensual or unilateral or bilateral shall be of any
force and effect unless reduced to writing and signed by a director of DSE
13.4) No relaxation or indulgence
granted to the Customer shall prejudice or be deemed to be a waiver of any DSE
Group’s rights in terms of this Contract.
13.5) The Customer shall not cede
its rights nor assign its obligations under this Contract, unless prior
permission is obtained from DSE Group.
13.6) DSE Group shall at any time
in its sole discretion be entitled to cede all or any of its rights in terms of
this Contract to any third party upon notice to the Customer. Should such
cession of rights be to the detriment of the Customer, the Customer’s permission
shall be obtained.
13.7) The Customer undertakes to
notify DSE Group within 7 (seven) days of any change of address or change of in
director, shareholder, address or the information as set out in this Contract.
13.8) Each of the terms herein
shall be a separate and divisible term and if any such term becomes
unenforceable for any reason whatsoever, then that term shall be severable and
shall not affect the validity of the other terms.
13.9) The Customer undertakes to
inform DSE Group in writing at least 14 (fourteen) days prior to the intended
selling or alienating of the whole of or any part of the Customer business and
failure to do so will constitute a material breach of this Contract entitling DSE
Group to cancel the Contract without further notice to the Customer.
14.) PROTECTION AND PROCESSING OF PERSONAL
14.1) The Customer understands
that the personal information given to DSE Group is to be used for the purposes
of assessing credit worthiness and in order to perform in terms of this
Contract. The Customer confirms that the information given to DSE Group is
accurate and complete. The Customer further agrees to update the information
supplied as and when necessary in order to ensure the accuracy of the above
information failing which DSE Group will not be liable for inaccuracies.
14.2) DSE Group will not use the
Customer’s personal information for any purpose (other than as stated above)
without the Customer’s express consent. DSE Group will not use or disclose the
Customer’s personal information to third parties without the Customer’s
consent, unless the use or disclosure is -
14.2.1) required to carry out the
performance of this Contract or any other agreement between the parties;
14.2.2) required in order to
comply with applicable law, order of court or legal process; and/or
14.2.3) disclosure is necessary
to protect and defend the legitimate interests of DSE Group.
14.3) DSE Group has the
Customer’s consent at all times to contact and request information from any
persons, credit bureau or businesses to obtain any information relevant to the
Customer’s credit assessment, including but not limited to information
regarding the amounts purchased from suppliers per month, length of time
Customer has dealt with each supplier, type of Goods purchased and manner and
time of payment.
14.4) The Customer agrees and
understands that information given in confidence to DSE Group by a third party
on the Customer will not be disclosed to the Customer.
14.5) The Customer hereby
consents to and authorises DSE Group at all times to furnish credit information
concerning the Customer’s dealing with DSE Group to a credit bureau and to any
third party seeking a trade reference regarding the Customer in his dealings
with DSE Group.
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Our people are the heart of our business. They know how to build honest and long-term relationships. Combined with the most sophisticated tools available, they will always find solutions and deliver the answers in the best way possible.