Bridgestone South Africa Commercial (Pty) Ltd
Bridgestone South Africa Commercial (Pty) Ltd
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Conditions of sale

 BRIDGESTONE SOUTH AFRICA COMMERCIAL (PTY) LTD CONDITIONS OF SALE

 

  1. Payment in respect of the goods shall fall due 30 days from date of statement.

  2. In the event of any delay in payment, the Purchaser shall pay to the Bridgestone South Africa Commercial (Pty) Ltd a late payment charge of 2% per month or part thereof, or alternatively at the maximum rate of interest permissible at law, calculated from the date of due payment to the date of actual payment.

  3. All goods delivered by Bridgestone South Africa Commercial (Pty) Ltd in terms of the invoice shall remain the absolute property of Bridgestone South Africa Commercial (Pty) Ltd until such time as payment of all amounts due by the Purchaser to Bridgestone South Africa Commercial (Pty) Ltd has been effected in full.  Until such time as they are fully paid for, the goods shall be deemed to be held by the Purchaser solely on behalf of Bridgestone South Africa Commercial (Pty) Ltd and Bridgestone South Africa Commercial (Pty) Ltd may at any time whilst payment is still pending or outstanding, remove the goods from the Purchaser.

  4. Unless specified to the contrary in the invoice, delivery of the goods shall be deemed to have taken effect at the premises of the Bridgestone South Africa Commercial (Pty) Ltd at which the goods are available for despatch or collection, as the case may be, or where the goods are tendered for delivery.

  5. All risk, damage and loss of whatsoever nature to the goods shall pass to the Purchaser upon delivery.

  6. All payments shall be made to Bridgestone South Africa Commercial (Pty) Ltd at the address reflected in the invoice or statement, as the case may be, alternatively at such address as the Bridgestone South Africa Commercial (Pty) Ltd may nominate in writing.

  7. Subject to the Consumer Protection Act (“CPA”), unless the Purchaser is able to prove clearly and unambiguously that delivery of the goods had not been made or tendered under the invoice, on no account whatsoever shall the Purchaser be entitled to withhold any payments due by the Purchaser to Bridgestone South Africa Commercial (Pty) Ltd under the invoice or statement relating thereto, nor shall the Purchaser be entitled to make any deductions or withhold any portion of payment due from the amounts otherwise payable in terms of the invoice or statement.

  8. Subject to the CPA, all new tyres are subject to the relevant manufacturer’s warranties as may be applicable from time to time.

  9.  

    1. Bridgestone South Africa Commercial (Pty) Ltd’ undertakes that all tyres will be retreaded in accordance with the highest standard of care normally employed in the retreading process.  Subject to the CPA, should any retreaded tyre be defective, Bridgestone South Africa Commercial (Pty) Ltd undertakes to replace the defective tyre with another retreaded tyre, provided that the Purchaser shall pay a pro rata portion of the total purchase price of the substituted retread tyre if the defective tyre has been used before the defect manifests itself.  The portion of the purchase price payable by the Purchaser shall be an amount in proportion to the total purchase price that equals the proportion between the period of use of the retreaded tyre and the average life expectancy of a retreaded tyre.

    2. Subject to the CPA, Bridgestone South Africa Commercial (Pty) Ltd’ liability for defective tyres is limited to the replacement of such a tyre.  In particular, the following liability of Bridgestone South Africa Commercial (Pty) Ltd is excluded:

      1. delictual liability for any consequential damages arising from any negligent act in the retreading process of Bridgestone South Africa Commercial (Pty) Ltd, any employee of Bridgestone South Africa Commercial (Pty) Ltd or any person for whom Bridgestone South Africa Commercial (Pty) Ltd may be liable at law; and

      2. any contractual and other liability that may arise from the sale and use of defective tyres.


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