TERMS OF SERVICE
This website is operated by Auto & Truck Tyres (Pty) Ltd (ATT).
These website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of goods, and the use of the website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below.
Throughout the site, the terms “we”, “us” and “our” refer to ATT. ATT offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By registering on our site you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
Where these terms and conditions, or any document to which these terms and conditions apply have been accepted or signed by a person in a representative capacity or for an Applicant who is a Company, Close Corporation or a Trust, he/she by accepting these conditions that he/she has been duly authorized by special resolution signed by all Directors of the board, Members or Trustees and a copy of same will be furnished to ATT on request.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from ATT.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You confirm that you had a proper opportunity to consider the implications of this agreement and that you are entering into this agreement out of your own free will and without any undue influence by ATT or its employees.
Any new features or tools, which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised ATT representative.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control, nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible images of our products that appear at the store. We cannot guarantee that products are identical to the images.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You agree that you cannot hold ATT liable for any loss due to goods displayed on the site and placed into a shopping basket or wish list, which is not available at the time of completing the purchase cycle.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ATT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
In the event of ATT being liable for damages, such damages shall be limited to the amount of the order giving rise to such claim.
You agree to indemnify, defend and hold harmless ATT and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including legal fees made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, you agree that such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Service for all purposes.
The Service remains effective until terminated by either you or ATT. You may terminate the Service at any time by notifying us in writing that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this service at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You hereby agree and consent to the jurisdiction of the Magistrate’s Court situated within the district or region of ATT’s main place of business, namely Germiston, Gauteng, alternatively the High Court situated in Gauteng for any action arising from this agreement against the Applicant and/or any Surety provided at the time the credit application or, in the absence of a credit application, the account application was made.
Choose as domicilium citandi et executandi the physical trading address as set out in the Credit Application.
Agree to pay all legal costs, including attorney and client costs and collection commission, should any legal action be instituted against you or the surety agreed to in the Credit Application for any debt.
In the event of you committing any breach of these terms and conditions or any other agreement entered into between ATT and you in writing, ATT shall be entitled at its sole discretion and without prejudice to any other rights it might have against you to obtain an order for specific performance, with or without claiming damages; and to claim immediate payment of all amounts owed by you to ATT whether or not such amounts are then due and payable; to take possession of all ATT’s goods in your control and all payments already made and claim as liquidated damages payment of the difference between any balance then outstanding and the value of the goods; to suspend the carrying out of any of ATT’s then uncompleted obligations until the breach is remedied to ATT’s satisfaction; and/or terminate any facility granted to you.
Only registered users may use the Service of the website.
To register as a user, you must provide a unique username and password and provide certain information to ATT. Where you have applied for credit from ATT by completing the ATT Credit Application, the information contained in the Credit Application will be used.
You will need to use your unique username and password to access the Website in order to use the Service.
You agree and warrant that you will not disclose your username and password to any party not authorised to act on your behalf with regard to the Service.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify ATT immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
ORDERING OF GOODS AND COMPLETION OF SALE
Registered users may place orders for Goods, which ATT may accept or reject at its sole discretion.
ATT will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and ATT come into effect (the “Sale”).
Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, ATT may remove such items if stock is no longer available or the price thereof has changed without notice to you.
DELIVERY OF GOODS
A copy of ATT’s proof of delivery (POD) signed by a person acting on behalf of you or purporting to do so, or by the person apparently in charge of your premises where ATT makes delivery, shall be deemed to be prima facie proof that the specified quantities of the products listed on the POD have been received by you, unless the contrary is proved and/or delivered at your specified address.
It will be deemed that ATT delivered the correct order to you, unless the contrary is proved, if you do not give written notice to ATT within 48 hours of date of delivery of any shortfall and/or error in the order so delivered in order for ATT to investigate any such allegations and rectify.
Unless ATT and you agree otherwise in writing, any date of delivery furnished by ATT will be an estimate only. ATT will not be liable for any delay whatever the cause and will not be liable for any loss or damage suffered by you as a result of any delivery not made on the delivery date furnished by ATT
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per customer account. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the credit application or, in the absence of a credit application, the account application was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on this site.
You accept that a certificate issued and signed by the Chief Financial Officer (CFO) of ATT, will be and is a correct reflection of the transactions between you and ATT and constitutes prima facie proof of such amount and that the balance due indicated by him/her will be the correct amount due to the ATT at the date of the certificate.
You have 7 (seven) days from dispatch of ATT’s statement of account to object to any item therein contained, should you not object the account shall be deemed accepted and in order.
You accept that payment terms are strictly cash, alternatively 30 days from date of statement if so agreed by ATT. In the event that no credit facility has been applied for and granted by ATT, payment is required prior to ordering of the goods by you.
In the event of you effecting payment by means of a cheque and/or electronic funds transfer (EFT), payment will only be deemed to have been received once the monies have been cleared into ATT’s bank account.
All payments to ATT are made free of exchange and/or any charges levied by any financial institution.
You agree that any facility granted to you will carry interest equal to the prime interest rate levied by ATT’s Bankers at the time, plus 3% on amounts outstanding for longer than 30 days. Interest is compounded from date of invoice. The interest rate may be certified by any manager of ATT’s bankers whose appointment, capacity or authority it will not be necessary to prove and such certificate shall constitute prima facie proof of such amount.
You accept that until such time as you have paid the purchase price in full in respect of haulage, storage and/or related services, ATT will have a lien/retention right in and to all of the goods and/or all and any goods transported and/or stored on your behalf. ATT shall be entitled to take possession of any such goods which have not yet been paid for in respect of an overdue amount.
No sales representative, employee or agent other than one of the Directors of ATT shall have the authority to grant you any facility or increase same.
ATT may at its sole discretion grant, refuse or withdraw the facility at any time without prior notice to you.
You agree that ATT may from time to time inspect your books or records and may take possession of such books or records.
GIFT VOUCHERS AND COUPONS
ATT may from time to time make physical or electronic gift vouchers and promotional coupons or discounts available for use on the Website towards the purchase of ATT Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us.
V1.1 Feb 2018